§15801. Definitions — Inbound Citations
42 U.S.C. § 15801
Cited by 1623 provisions in release 119-102.
Citations to 42 U.S.C. § 15801 as a whole
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(2) In developing the procedures required under this section, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of Defense, and the Attorney General shall consult with appropriate Federal entities, including the Small Business Administration and the National Laboratories (as defined in section 15801 of title 42), to ensure that effective protocols are implemented that will facilitate and promote the sharing of cyber threat indicators by the Federal Government in a timely manner.
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(5) The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
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(i) national laboratories (as defined in section 15801 of title 42);
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(F) National Laboratories (as defined in section 15801 of title 42);
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(3) The term “national laboratory” has the meaning given such term in section 15801 of title 42.
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(4) The term “institution of higher education” has the meaning given the term in section 15801 of this title.
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(3) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(5) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(2) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(iii) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(A) Except as provided in subparagraph (B), the term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(3) The term “institution of higher education” has the meaning given the term in section 15801 of this title.
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(a) The Secretary shall require the Director of each National Laboratory (as defined in section 15801 of this title) and the Director of each single-purpose research facility to designate a small business advocate to—(1) encourage the participation of small business concerns, including socially and economically disadvantaged small business concerns (as defined in section 637(a)(4) of title 15), in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility;(2) report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns in the activities described in paragraph (1) along with recommendations, if appropriate, on how to improve participation;(3) make available to small business concerns facilities, training, mentoring, and information on how to participate in the activities described in paragraph (1);(4) increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and(5) establish guidelines and metrics for the programs under subsections (b) and (c) and report on the effectiveness of the program to the Director of the National Laboratory or single-purpose research facility.
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(B) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(3) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(10) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(A) be an institution of higher education (as defined in section 15801 of this title), including tribally controlled colleges or universities, located in a State described in subsection (a); or
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(B) obtain and address input from the National Laboratories (as that term is defined in section 15801) of this title, or any institution of higher education, research institution, industry association, company, or public interest group with applicable expertise;
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(5) A national laboratory (as defined in section 15801 of this title) may participate in a center established under this subsection, including a cooperative research and development agreement (as defined in section 3710a(d) of title 15).
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(I) a for-profit business entity, academic institution, National Laboratory (as defined in section 15801 of this title), or nonprofit entity in the United States; and
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(5) The term “National Laboratory” has the meaning given that term in section 15801 of this title.
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(3) The term “National Laboratory” has the meaning given that term in section 15801 of this title.
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(8) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(4) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(8) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(7) The term “National Laboratory” has the meaning given that term in section 15801 of this title.
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(8) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(F) a National Laboratory (as defined in section 15801 of this title);
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(I) For purposes of subparagraph (B)(ii)(II)(bb), the Committee may prescribe, through regulations, a list of military installations or other facilities or properties of the United States Government that are sensitive for reasons relating to national security. Such list may include certain facilities or properties of the intelligence community and National Laboratories (as defined in section 15801 of title 42).
Citations to §15801(1)
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(c) The Collaborative shall be administered through an agreement between the Department and appropriate State-based organizations.
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The Secretary of Housing and Urban Development shall develop and implement an integrated strategy to reduce utility expenses through cost-effective energy conservation and efficiency measures and energy efficient design and construction of public and assisted housing. The energy strategy shall include the development of energy reduction goals and incentives for public housing agencies. The Secretary shall submit a report to Congress, not later than 1 year after August 8, 2005, on the energy strategy and the actions taken by the Department of Housing and Urban Development to monitor the energy usage of public housing agencies and shall submit an update every 2 years thereafter on progress in implementing the strategy.
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(c) The memorandum of understanding shall establish a joint data retrieval system that is capable of tracking lease and permit applications and providing to the applicant information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action.
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(2) sell such royalty gas to the Department of Defense in accordance with subsection (h)(1), for use only at that plant, only for energy resilience purposes, and only to the extent necessary to meet the natural gas needs of that plant.
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(A) the Department of Agriculture; or
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(B) the Department of the Interior.
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(2) The system shall be comprised of State agencies that elect to be part of the system and agencies within the Department of the Interior that maintain geological and geophysical data and samples that are designated by the Secretary in accordance with this subsection. The Program shall provide for the storage of data and samples through data repositories operated by such agencies.
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(B) providing information regarding the status of the applications and requests within the Department of the Interior and the Department of Agriculture; and
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(1) The Office of Petroleum Reserves of the Department of Energy shall—(A) coordinate the creation and implementation of a commercial strategic fuel development program for the United States;(B) evaluate the strategic importance of unconventional sources of strategic fuels to the security of the United States;(C) promote and coordinate Federal Government actions that facilitate the development of strategic fuels in order to effectively address the energy supply needs of the United States;(D) identify, assess, and recommend appropriate actions of the Federal Government required to assist in the development and manufacturing of strategic fuels; and(E) coordinate and facilitate appropriate relationships between private industry and the Federal Government to promote sufficient and timely private investment to commercialize strategic fuels for domestic and military use.
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(1) Upon written request of a prospective applicant for Federal authorization to develop a proposed oil shale or tar sands project, the Department of the Interior shall act as the lead Federal agency for the purposes of coordinating all applicable Federal authorizations and environmental reviews. To the maximum extent practicable under applicable Federal law, the Secretary shall coordinate this Federal authorization and review process with any Indian tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews.
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If a Clean Coal Power Initiative project selected after March 11, 2009, for negotiation under this or any other Act in any fiscal year, is not awarded within 2 years from the date the application was selected, negotiations shall cease and the Federal funds committed to the application shall be retained by the Department for future coal-related research, development and demonstration projects, except that the time limit may be extended at the Secretary’s discretion for matters outside the control of the applicant, or if the Secretary determines that extension of the time limit is in the public interest.
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(2) The term “clean coal technology plant” means the plant located near Healy, Alaska, constructed under Department cooperative agreement number DE–FC–22–91PC90544.
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(a) Notwithstanding any other provision of law, no officer of the United States or of any department, agency, or instrumentality of the United States Government may enter into any contract or other arrangement, or into any amendment or modification of a contract or other arrangement, the purpose or effect of which would be to directly or indirectly impose liability on the United States Government, or any department, agency, or instrumentality of the United States Government, or to otherwise directly or indirectly require an indemnity by the United States Government, for nuclear incidents occurring in connection with the design, construction, or operation of a production facility or utilization facility in any country whose government has been identified by the Secretary of State as engaged in state sponsorship of terrorist activities (specifically including any country the government of which, as of September 11, 2001, had been determined by the Secretary of State under section 2371(a) of title 22, section 4605(j)(1)1 of title 50, or section 2780(d) of title 22 to have repeatedly provided support for acts of international terrorism). This section shall not apply to nuclear incidents occurring as a result of missions, carried out under the direction of the Secretary, the Secretary of Defense, or the Secretary of State, that are necessary to safely secure, store, transport, or remove nuclear materials for nuclear safety or nonproliferation purposes.
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(B) There is established in the Department 2 separate accounts, which shall be known as the—(i) “Standby Support Program Account”; and(ii) “Standby Support Grant Account”.
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(1) The Project shall be managed in the Department by the Office of Nuclear Energy, Science, and Technology.
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(A) The Nuclear Energy Research Advisory Committee of the Department (referred to in this paragraph as the “NERAC”) shall—
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Before issuing a license for a utilization facility, the Nuclear Regulatory Commission shall consult with the Department of Homeland Security concerning the potential vulnerabilities of the location of the proposed facility to terrorist attack.
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(a) The Secretary, in consultation with the Secretary of Transportation, shall establish a competitive grant pilot program (referred to in this subpart as the “pilot program”), to be administered through the Clean Cities Program of the Department, to provide not more than 30 geographically dispersed project grants to State governments, local governments, or metropolitan transportation authorities to carry out a project or projects for the purposes described in subsection (b).
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(i) be submitted by the head of a State or local government or a metropolitan transportation authority, or any combination thereof, and a registered participant in the Clean Cities Program of the Department; and
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(A) The Administrator, in consultation with the Secretary and other appropriate Federal departments and agencies, shall establish a program for awarding grants on a competitive basis to eligible recipients for the replacement of, retrofit (including repowering, aftertreatment, and remanufactured engines) of, or purchase of alternative fuels for, certain existing school buses. The awarding of grants for the purchase of alternative fuels should be consistent with the historic funding levels of the program for such purchase.
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(b) There is established within the Department of Transportation a program to be known as the “Conserve by Bicycling Program”.
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(i) is the owner of record of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a Federal department or agency or an entity described in subparagraph (A); and
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(ii) meets such timely and appropriate requirements as the Administrator may establish for vehicle use and for notice to and approval by the Federal department or agency or entity described in subparagraph (A) with respect to which the owner has entered into a contract, license, or lease as described in clause (i).
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(d) The Administrator, in coordination with the Department of Commerce and industry stakeholders, shall inform foreign countries with air quality problems of the potential of technology developed or used in the United States to provide emission reductions in those countries.
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Not later than 6 months after August 8, 2005, the Secretary shall transmit to Congress a coordinated plan for the programs described in this subchapter and any other programs of the Department that are directly related to fuel cells or hydrogen. The plan shall describe, at a minimum—
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(E) other technologies consistent with the Department’s plan.
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(C) other technologies consistent with the Department’s plan.
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(2) The Department of Transportation.
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(3) The Department of Defense.
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(4) The Department of Commerce (including the National Institute of Standards and Technology).
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(c) The heads of all agencies, including those whose agencies are not represented on the Task Force, shall cooperate with and furnish information to the Task Force, the Technical Advisory Committee, and the Department.
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(1) The Technical Advisory Committee shall be comprised of not fewer than 12 nor more than 25 members. The members shall be appointed by the Secretary to represent domestic industry, academia, professional societies, government agencies, Federal laboratories, previous advisory panels, and financial, environmental, and other appropriate organizations based on the Department’s assessment of the technical and other qualifications of Technical Advisory Committee members and the needs of the Technical Advisory Committee.
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(10) carry out a program to demonstrate developmental hydrogen and fuel cell systems for mobile, portable, and stationary uses, using improved versions of the learning demonstrations program concept of the Department including demonstrations involving—(A) light-duty vehicles;(B) heavy-duty vehicles;(C) fleet vehicles;(D) specialty industrial and farm vehicles; and(E) commercial and residential portable, continuous, and backup electric power generation;
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(ii) after 2010, add another research and development phase, as defined in subsection (c), including the vehicle and infrastructure partnerships developed under the learning demonstrations program concept of the Department; and
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(iii) are managed through an enhanced FreedomCAR program within the Department that encourages involvement in cost-shared projects by manufacturers and governments; and
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(1) activities carried out by the Department under this subchapter,1 for hydrogen and fuel cell technology;
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(4) coordinate with activities sponsored by the Department’s Office of Nuclear Energy, Science, and Technology on high-temperature materials, thermochemical cycles, and economic issues related to solar energy;
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(B) be located at part B institutions, minority institutions, and institutions of higher education located in States participating in the Experimental Program to Stimulate Competitive Research of the Department.
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(1) In carrying out the programs established under sections 16154 and 16161a of this title, the Secretary, in consultation with the heads of relevant offices of the Department, shall develop a technologically and economically feasible national strategy and roadmap to facilitate widescale production, processing, delivery, storage, and use of clean hydrogen.
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(G) prioritizing activities that improve the ability of the Department to develop tools to model, analyze, and optimize single-input, multiple-output integrated hybrid energy systems and multiple-input, multiple-output integrated hybrid energy systems that maximize efficiency in providing hydrogen, high-value heat, electricity, and chemical synthesis services;
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(a) The Secretary may represent the United States interests with respect to activities and programs under this subchapter, in coordination with the Department of Transportation, the National Institute of Standards and Technology, and other relevant Federal agencies, before governments and nongovernmental organizations including—(1) other Federal, State, regional, and local governments and their representatives;(2) industry and its representatives, including members of the energy and transportation industries; and(3) in consultation with the Department of State, foreign governments and their representatives including international organizations.
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(b) Nothing in this subchapter shall be construed to alter the regulatory authority of the Department.
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(1) The term “departmental mission” means any of the functions vested in the Secretary by the Department of Energy Organization Act (42 U.S.C. 7101 et seq.) or other law.
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(A) any of the primarily single-purpose entities owned by the Department; or
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(B) any other organization of the Department designated by the Secretary.
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(A) The term “Department” means the Department of Energy.
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(D) The term “Nexus of Energy and Water Sustainability RD&D Office” or the “NEWS RD&D Office” means an office located at the Department and managed in cooperation with the Department of the Interior pursuant to an agreement between the 2 agencies to carry out leadership and administrative functions for the Interagency RD&D Coordination Committee.
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(iii) convene and promote coordination of RD&D activities of relevant Federal departments and agencies on energy-water nexus;
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(I) coordinate and develop capabilities and methodologies related to RD&D activities for data collection, data communication protocols (including models and modeling results), data management, and dissemination of validated data and results related to energy-water nexus RD&D activities to requesting Federal departments and agencies; and
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(II) promote information exchange between Federal departments and agencies—(aa) to identify and document Federal and non-Federal RD&D programs and funding opportunities that support basic and applied RD&D proposals to advance energy-water nexus related science and technologies;(bb) to leverage existing RD&D programs by encouraging joint solicitations, block grants, and matching programs with non-Federal entities; and(cc) to identify opportunities for domestic and international public-private partnerships, innovative financing mechanisms, and information and data exchange with respect to RD&D activities;
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(b) The Secretary shall integrate the following considerations into energy RD&D programs and projects of the Department by—(1) advancing RD&D for energy and energy efficiency technologies and practices that meet the objectives of—(A) minimizing freshwater withdrawal and consumption;(B) increasing water use efficiency; and(C) utilizing nontraditional water sources;(2) considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and(3) improving understanding of the energy-water nexus (as defined in subsection (a)(1)).
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(c) The Secretary may provide for such additional RD&D activities as appropriate to integrate the considerations described in subsection (b) into the RD&D activities of the Department.
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(2) The interagency group shall be co-chaired by appropriate officials of the Department and the Department of Commerce, who shall jointly arrange for the provision of necessary administrative support to the group.
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(d) Within the Federal portion of the Initiative, the Department shall be the lead agency for all aspects of building performance related to use and conservation of energy.
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(1) conduct an assessment (in cooperation with industry, standards development organizations, and other entities, as appropriate) of whether the current voluntary consensus standards and rating systems for high performance buildings are consistent with the current technological state of the art, including relevant results from the research, development and demonstration activities of the Department;
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(1) Not later than 90 days after the closing date established by the Secretary for receipt of proposals under subsection (c), the Secretary shall select up to five proposals that may receive financial assistance under this section once the Department receives appropriated funds to carry out this section.
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(A) the Department;
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(a) The Secretary shall establish an Energy Efficiency Science Initiative to be managed by the Assistant Secretary in the Department with responsibility for energy conservation under section 7133(a)(9) of this title, in consultation with the Director of the Office of Science, for grants to be competitively awarded and subject to peer review for research relating to energy efficiency.
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(5) Examining the energy efficiency needs of energy end-users to develop recommended research projects for the Department.
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(1) assess conflicting guidance on the economic potential of concentrating solar power for electricity production received from the National Research Council in the report entitled “Renewable Power Pathways: A Review of the U.S. Department of Energy’s Renewable Energy Programs” and dated 2000 and subsequent reviews of that report funded by the Department; and
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(a) Not later than 180 days after December 27, 2020, the Secretary shall establish a research, development, and demonstration program on technologies that enable integration of renewable energy generation sources onto the electric grid across multiple program offices of the Department. The program shall include—(1) forecasting for predicting generation from variable renewable energy sources;(2) development of cost-effective low-loss, long-distance transmission lines; and(3) development of cost-effective advanced technologies for variable renewable generation sources to provide grid services.
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(b) In carrying out this program, the Secretary shall coordinate across all relevant program offices at the Department to achieve the goals established in this section, including the Office of Electricity.
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(xi) Advanced physics-based and data analysis computational tools, in coordination with the high-performance computing programs of the Department, to more efficiently design, site, permit, manufacture, install, operate, decommission, and recycle wind energy systems.
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(D) To the maximum extent practicable, the Secretary shall coordinate activities under the program with other relevant programs and capabilities of the Department and other Federal research programs.
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(i) other Department activities, including those carried out by the Office of Science;
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(D) To the maximum extent practicable, the Secretary shall coordinate activities under the program with other relevant programs and capabilities of the Department and other Federal research programs.
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(i) other Department activities, including those carried out by the Office of Science;
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(a) The Secretary of Agriculture shall establish, within the Department of Agriculture or through an independent contracting entity, a program of education and outreach on biobased fuels and biobased products consisting of—(1) training and technical assistance programs for feedstock producers to promote producer ownership, investment, and participation in the operation of processing facilities; and(2) public education and outreach to familiarize consumers with the biobased fuels and biobased products.
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(A) relevant program offices within the Department of Energy;
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(1) The Secretary shall conduct a program to invest in human resources and infrastructure in the nuclear sciences and related fields, including health physics, nuclear engineering, and radiochemistry, consistent with missions of the Department related to civilian nuclear research, development, demonstration, and commercial application.
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(B) a visiting scientist program in which National Laboratory staff can spend time in academic nuclear science and engineering departments.
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(iii) advance other research infrastructure that, in the determination of the Secretary, is consistent with the mission of the Department.
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(E) The Research Reactor Infrastructure subprogram within the Radiological Facilities Management program of the Department, as authorized by paragraph (6), shall be expanded to provide fuel services to research reactors established by this paragraph.
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(7) In carrying out the programs under this section, the Department shall, to the maximum extent practicable, allocate 20 percent of funds appropriated to nuclear energy research and development programs annually, excluding funds appropriated for the Advanced Reactor Demonstration Program of the Department, to fund university-led research and university infrastructure projects through an open, competitive solicitation process.
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(1) In carrying out the program under subsection (a), the Secretary shall establish a nuclear energy traineeship subprogram under which the Secretary shall competitively award traineeships in coordination with universities to provide focused, advanced training to meet critical mission needs of the Department, including in industries that are represented by skilled labor unions.
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(2) Notwithstanding paragraph (1), amounts made available to carry out the Program may be used to provide financial assistance for a scholarship, fellowship, or multiyear research and development project that does not align directly with a programmatic mission of the Department of Energy, if the activity for which assistance is provided would facilitate the maintenance of the discipline of nuclear science or engineering, which may include nontechnical nuclear research..1
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(4) develop a timeline and a proposed budget for the completion of deferred maintenance on plant and equipment, with the goal of ensuring that Department programs under this part will be generally recognized to be among the best in the world.
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(5) The Secretary shall include in the annual budget request of the Department an explanation for any delay in the progress of the Department in completing the user facility by the deadline described in paragraph (4).
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(i) the information disclosed by the Department as described in paragraph (1); and
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(ii) any existing facilities the Department will provide for public private partnership activities.
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(3) Increasing the utility of the research infrastructure of the Department by coordinating with the Advanced Scientific Computing Research program within the Office of Science.
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(c) The Secretary shall consider support for additional research activities to maximize the utility of the research facilities of the Department, including physical processes—(1) to simulate degradation of materials and behavior of fuel forms; and(2) for validation of computational tools.
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(1) other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency–Energy, and the Advanced Scientific Computing Research program; and
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(b) In carrying out the program under subsection (a), the Secretary shall leverage the technical expertise of relevant Federal agencies and the National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites.
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(A) the Department has sufficient technical expertise to support the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative advanced nuclear reactor technology; and
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(A) the Department maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative reactor technology; and
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(1) Not later than 180 days after September 28, 2018, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall submit to the appropriate committees of Congress a report assessing the capabilities of the Department to authorize, host, and oversee privately funded experimental advanced nuclear reactors as described in subsection (b).
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(A) the safety review and oversight capabilities of the Department, including options to leverage expertise from the Commission and the National Laboratories;
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(B) options to regulate privately proposed and funded experimental reactors hosted by the Department;
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(D) the efficacy of the available contractual mechanisms of the Department to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology;
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(b) One of the budget plans submitted under subsection (a) shall assume constant annual funding for 10 years at the appropriated level for the current fiscal year for the civilian nuclear energy research and development of the Department.
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(1) a prioritized list of the programs, projects, and activities of the Department to best support the development of advanced nuclear reactor technologies;
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(2) realistic budget requirements for the Department to implement sections 16275(c), 16277, and 16278 of this title;
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(3) the justification of the Department for continuing or terminating existing civilian nuclear energy research and development programs; and
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(D) the capacity to meet cost-share requirements of the Department;
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(B) include a review of each demonstration project under this subsection which shall include consideration of cost-competitiveness and other value streams, together with the technology readiness level, the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology, the capacity to meet cost-share requirements of the Department, if Federal funding is provided, and environmental impacts;
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(6) seek to ensure that the demonstration projects carried out under this section do not cause any delay in the progress of an advanced reactor project by private industry and the Department of Energy that is underway as of December 27, 2020;
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(7) establish a streamlined approval process for expedited contracting between awardees and the Department;
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(e) Entities may not receive funds under this program if receiving funds from another reactor demonstration program at the Department in the same fiscal year.
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(a) In carrying out this part, the Secretary shall coordinate activities, and effectively manage crosscutting research priorities across programs of the Department and other relevant Federal agencies, including the National Laboratories.
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(c) The Secretary shall, except to the extent protected from disclosure under section 552(b) of title 5, publish the results of projects supported under this part through Department websites, reports, databases, training materials, and industry conferences, including information discovered after the completion of such projects.
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(f) At least annually, all programs in this part shall be subject to an annual review by the Nuclear Energy Advisory Committee of the Department or other independent entity, as appropriate.
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(D) shall consider options for acquiring or providing HA–LEU from a stockpile of uranium owned by the Department, or using enrichment technology, to make available to members of the consortium established pursuant to subparagraph (F) for commercial use or demonstration projects, taking into account cost and amount of time required, and prioritizing methods that would produce usable HA–LEU the quickest, including options for acquiring or providing HA–LEU—(i) that—(I) directly meets the needs of an end user; and(II) has been previously used or fabricated for another purpose;(ii) that meets the needs of an end user after having radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department removed;(iii) that is produced from high-enriched uranium that is blended with lower assay uranium to become HA–LEU to meet the needs of an end user;(iv) that is produced by Department research, development, and demonstration activities;(v) that is produced in the United States by—(I) a United States-owned commercial entity operating United States-origin technology;(II) a United States-owned commercial entity operating a foreign-origin technology; or(III) a foreign-owned entity operating a foreign-origin technology;(vi) that does not require extraction of uranium or development of uranium from lands managed by the Federal Government, cause harm to the natural or cultural resources of Tribal communities or sovereign Native Nations, or result in degraded ground or surface water quality on publicly managed or privately owned lands; or(vii) that does not negatively impact the availability of HA–LEU by the Department to support the production of medical isotopes, including the medical isotopes defined under the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211);
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(ii) that meets the needs of an end user after having radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department removed;
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(iv) that is produced by Department research, development, and demonstration activities;
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(vii) that does not negatively impact the availability of HA–LEU by the Department to support the production of medical isotopes, including the medical isotopes defined under the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211);
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(F) shall establish, and from time to time update, a consortium, which may include entities involved in any stage of the nuclear fuel cycle, to partner with the Department to support the availability of HA–LEU for civilian domestic demonstration and commercial use, including by—(i) providing information to the Secretary for purposes of surveys conducted under subparagraph (E);(ii) purchasing HA–LEU made available by the Secretary to members of the consortium for commercial use under the program; and
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(J) shall seek to ensure that the activities carried out under this section do not cause any delay in the progress of any HA–LEU project between private industry and the Department that is underway as of December 27, 2020.
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(B) HA–LEU made available to members of the consortium established pursuant to paragraph (2)(F) for demonstration projects shall remain the property of and title will remain with the Department, which shall be responsible for the storage, use, and disposition of all radioactive waste and spent nuclear fuel created by the irradiation, processing, or purification of such uranium, and shall not be subject to the requirements of a sale or transfer of uranium under sections 3112, except for the requirements of subparagraph (A) of section 3112, and 3113 of the USEC Privatization Act (42 U.S.C. 2297h–10; 42 U.S.C. 2297h–11).
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(I) proposed preliminary terms for contracting between the Department and recipients of HA–LEU under the program (including guidelines defining the roles and responsibilities between the Department and the recipient); and
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(1) the Department should—(A) support increased domestic production of low-enriched uranium; and(B) accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and
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(2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary—(A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and(B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time.
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(A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and
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(5) to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department, including collaborative research and development activities with other Federal agencies;
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(A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and
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(5) The term “Department” means the Department of Energy.
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(B) the American Assured Fuel Supply Program of the Department; and
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(2) expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and
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(A) to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and
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(i) to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program;
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(ii) to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and
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(1) expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and
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(2) in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)—(A) maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (c);(B) utilize only uranium produced, converted, enriched, deconverted, and reduced in—(i) the United States; or(ii) if domestic options are not practicable, a country that is an ally or partner of the United States;(C) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate;(D) refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and(E) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (c).
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(1) On enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate.
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(2) In carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available—(A) by September 30, 2024, not less than 3 metric tons of HALEU;(B) by December 31, 2025, not less than an additional 8 metric tons of HALEU; and(C) by June 30, 2026, not less than an additional 10 metric tons of HALEU.
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(A) options for providing HALEU from a stockpile of uranium owned by the Department, including—(i) uranium that has been declared excess to national security needs during or prior to fiscal year 2023;(ii) uranium that—(I) directly meets the needs of advanced nuclear reactor developers; but(II) has been previously used or fabricated for another purpose;(iii) uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste;(iv) uranium from a high-enriched uranium stockpile (excluding stockpiles intended for national security needs), which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and(v) uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department;
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(iii) uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste;
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(v) uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department;
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(B) options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories;
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(C) options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department;
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(D) options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1);
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(E) options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); and
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(m) The Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs during or prior to fiscal year 2023, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department.
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(4) The working group shall coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-year civil nuclear trade strategy described in paragraph (5)(A).
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(i) any Federal department or agency that the President determines to be appropriate; and
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(A) assist nongovernmental organizations, the Department of Energy, and other relevant Federal departments and agencies in the provision of education and training to foreign governments in nuclear safety, security, and safeguards—(i) through engagement with the International Atomic Energy Agency; or(ii) independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently;
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(C) coordinate with appropriate Federal departments and agencies on efforts to expand outreach to the private investment community and establish public-private financing relationships that enable the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States;
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(A) In this paragraph, the term “United States competitiveness clause” means any United States competitiveness provision in any agreement entered into by the Department of Energy, including—(i) a cooperative agreement;(ii) a cooperative research and development agreement; and(iii) a patent waiver.
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(4) Not later than 1 year after December 18, 2025, the Offices of the Inspectors General for the Department of State and the Department of Energy shall coordinate—(A) to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this subsection to prevent fraud, waste, and abuse; and(B) to engage in independent and effective oversight of activities authorized under this subsection through joint or individual audits, inspections, investigations, or evaluations.
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(1) The Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the United States-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis—(A) to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08–1206);(B) to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and(C) to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities.
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(2) Not later than 180 days after December 18, 2025, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to paragraph (1)(A).
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(n) The Secretary, in consultation with the relevant heads of other Federal departments and agencies, shall implement a program to enhance the global competitiveness of United States persons (as defined in section 1708(d) of title 50) who are nuclear suppliers, investors, or lenders to compete for nuclear projects in foreign countries, including—(1) expediting the conclusion of intergovernmental agreements on nuclear energy and the fuel supply chain with potential export countries;(2) promoting broad adherence to the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415); and(3) encouraging favorable decisions by potential partner countries on the use of nuclear technology, fuel supplies, equipment, and services from the United States.
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(ii) The program established under clause (i) shall include funding for commercial-scale carbon capture technology demonstrations of projects supported by the Department, including projects in addition to the projects described in subparagraph (A), including funding for not more than 2 projects to demonstrate substantial improvements in a particular technology type beyond the first of a kind demonstration and to account for considerations described in subparagraph (G).
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(I) Not later than 1 year after December 27, 2020, the Comptroller General of the United States shall conduct, and 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 on the results of, a study of the successes, failures, practices, and improvements of the Department in carrying out demonstration projects under this paragraph.
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(bb) project management practices at the Department;
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(5) The carbon capture, utilization, and sequestration activities described in paragraph (3)(B) shall be carried out by the Assistant Secretary for Fossil Energy, in coordination with the heads of other relevant offices of the Department and the National Laboratories.
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(C) creates a roadmap for carbon storage research and development activities of the Department through 2025, with the goal of reducing economic and policy barriers to commercial carbon sequestration.
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(b) In carrying out the program, the Secretary shall cooperate with appropriate Federal agencies, coal producers, trade associations, equipment manufacturers, institutions of higher education with mining engineering departments, and other relevant entities.
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(d) The Secretary shall coordinate the activities authorized under this section with the activities authorized in section 16298a of this title as part of a single consolidated program of the Department.
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(6) Consistent with the existing authorities of the Department, the Secretary may terminate the Center for cause during the performance period.
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(e) The Secretary shall coordinate the activities authorized in this section with the activities authorized in section 16298 of this title as part of one consolidated program at the Department. Nothing in section 16298 of this title shall be construed as limiting the authorities provided in this section.
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(3) The Director shall carry out laboratory-directed research and development activities at the National Energy Technology Laboratory consistent with Department of Energy Order 413.2C, dated August 2, 2018 (or a successor order).
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(3) recommendations for policy changes within the Department and legislative changes to provide the National Energy Technology Laboratory with the necessary tools and resources to advance the research mission of the National Energy Technology Laboratory.
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(h) In carrying out the program, the Secretary shall encourage and promote collaborations among relevant offices and agencies within the Department.
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(C) any other relevant office of the Department.
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(1) The Secretary shall establish a research, development, and demonstration program in microbial and plant systems biology, protein science, computational biology, and environmental science to support the energy, national security, and environmental missions of the Department.
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(3) detoxify soils and water, including at facilities of the Department, contaminated with heavy metals and radiological materials;
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(5) address other Department missions as identified by the Secretary.
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(6) In coordination with the Bioenergy Technologies Office of the Department, the Secretary shall support interdisciplinary research activities to improve the capacity, efficiency, resilience, security, reliability, and affordability, of the production and use of advanced biofuels and bioproducts, as well as activities to enable positive impacts and avoid the potential negative impacts that the production and use of advanced biofuels and bioproducts may have on ecosystems, people, and historically marginalized communities.
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(a) Along with the budget request of the President submitted to Congress for fiscal year 2007, the Secretary shall establish a research and development program on material science issues presented by advanced fission reactors and the fusion energy program of the Department.
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(3) assess the effectiveness of existing programs within the Department and other Federal agencies to address these energy and water related issues.
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(d) The Secretary may utilize all existing facilities within the Department and may design and construct additional facilities as needed to carry out the purposes of this program.
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(2) The term “SNS power upgrade” means the Spallation Neutron Source power upgrade described in the 20-year facilities plan of the Office of Science of the Department.
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(3) The term “SNS second target station” means the Spallation Neutron Source second target station described in the 20-year facilities plan of the Office of Science of the Department.
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(5) The terms “Spallation Neutron Source Project” and “Project” means Department Project 99–E–334, Oak Ridge National Laboratory, Oak Ridge, Tennessee.
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(1) The Secretary shall develop an operational plan for the Spallation Neutron Source Facility that ensures that the Facility is employed to the full capability of the Facility in support of the study of advanced materials, nanoscience, and other missions of the Office of Science of the Department.
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(B) If stockpiles of heavy water of the Department are insufficient to meet the needs of the Facility, there is authorized to be appropriated for the Facility $12,000,000 for fiscal year 2007.
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The Secretary, through the Office of Scientific and Technical Information, shall maintain within the Department publicly available collections of scientific and technical information resulting from research, development, demonstration, and commercial applications activities supported by the Department.
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(2) combining Department expertise with one or more National Aeronautics and Space Administration Educator Resource Centers;
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(a) The Secretary is authorized to establish a Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Department and National Laboratories.
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(b) The Secretary may require that an individual receiving a scholarship under this section serve as a full-time employee of the Department or a National Laboratory for a fixed period in return for receiving the scholarship.
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Funds authorized to be appropriated to the Department under this Act or an amendment made by this Act shall remain available until expended.
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(2) 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.
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(2) a fee charged for the use of a Department facility; or
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(a) Awards of funds authorized under this Act or an amendment made by this Act shall be made only after an impartial review of the scientific and technical merit of the proposals for the awards has been carried out by or for the Department.
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(c) It is the sense of Congress that research, development, demonstration, and commercial application activities carried out by the Department should be awarded using competitive procedures, to the maximum extent practicable.
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(1) The Secretary shall establish one or more advisory boards to review research, development, demonstration, and commercial application programs of the Department in energy efficiency, renewable energy, nuclear energy, and fossil energy.
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(A) designate an existing advisory board within the Department to fulfill the responsibilities of an advisory board under this section; and
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(4) a summary of disciplinary actions and their disposition by either the Department or the relevant contractors for each National Laboratory;
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(a) The Secretary shall periodically review all of the science and technology activities of the Department in a strategic framework that takes into account—(1) the frontiers of science to which the Department can contribute;(2) the national needs relevant to the statutory missions of the Department; and(3) global energy dynamics.
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(1) the frontiers of science to which the Department can contribute;
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(2) the national needs relevant to the statutory missions of the Department; and
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(1) As part of the review under subsection (a), the Secretary shall develop a plan to improve coordination and collaboration in research, development, demonstration, and commercial application activities across organizational boundaries of the Department.
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(A) crosscutting scientific and technical issues and research questions that span more than one program or major office of the Department;
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(B) ways in which the applied technology programs of the Department are coordinating activities and addressing the questions referred to in subparagraph (A);
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(C) ways in which the technical interchange within the Department, particularly between the Office of Science and the applied technology programs, could be enhanced, including ways in which the research agendas of the Office of Science and the applied programs could better interact and assist each other;
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(D) ways in which the Secretary would ensure that the overall research agenda of the Department includes, in addition to fundamental, curiosity-driven research, fundamental research related to topics of concern to the applied programs, and applications in Departmental technology programs of research results generated by fundamental, curiosity-driven research;
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(G) detailed evaluations and proposals for innovation hubs, institutes, and research centers of the Department, including—(i) an affirmation that the hubs, institutes, and research centers will—(I) advance the mission of the Department; and(II) prioritize research, development, and demonstration; and(ii) an affirmation that any hubs, institutes, or research centers that are established or renewed within the Office of Science are consistent with the mission of the Office of Science described in subsection (c) of section 7139 of this title.
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(I) advance the mission of the Department; and
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(a) The Secretary of Transportation, in consultation with the Secretary and the United States Arctic Research Commission, shall provide annual grants to a university located adjacent to the Arctic Energy Office of the Department of Energy, to establish and operate a university research center to be headquartered in Fairbanks and to be known as the “Arctic Engineering Research Center” (referred to in this section as the “Center”).
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(ii) by electronic means, including on the official public website of the Department;
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(1) There is established within the Department an Office of Technology Transitions (referred to in this section as the “Office”).
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(A) to expand the commercial impact of the research investments of the Department; and
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(B) to focus on commercializing technologies that support the missions of the Department, including reducing greenhouse gas emissions and other pollutants.
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(vi) Any other goals to support the transfer of technology developed by Department-funded programs to the private sector, as consistent with missions of the Department.
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(C) The Chief Commercialization Officer shall be an individual who, by reason of professional background and experience, is specially qualified to advise the Secretary on matters pertaining to technology transfer at the Department.
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(ii) the expenditure of funds allocated for technology transfer within the Department;
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(5) In carrying out the mission and activities of the Office, the Chief Commercialization Officer shall coordinate with the senior leadership of the Department, other relevant program offices of the Department, National Laboratories, the Technology Transfer Working Group established under subsection (b), the Technology Transfer Policy Board, and other stakeholders (including private industry).
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(3) develop and disseminate to the public and prospective technology partners information about opportunities and procedures for technology transfer with the Department, including opportunities and procedures related to alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters.
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(c) The Secretary shall establish an Energy Technology Commercialization Fund, using 0.9 percent of the amount made available to the Department for applied energy research, development, demonstration, and commercial application for each fiscal year based on future planned activities and the amount of the appropriations for the fiscal year, to be used to provide matching funds with private partners to promote promising energy technologies for commercial purposes.
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(1) The Secretary, acting through the Chief Commercialization Officer established in subsection (a), shall establish a Technology Commercialization Fund (hereafter referred to as the “Fund”), using nine-tenths of one percent of the amount of appropriations made available to the Department for applied energy research, development, demonstration, and commercial application for each fiscal year, to be used to provide, in accordance with the cost-sharing requirements under section 16352 of this title, funds to private partners, including national laboratories, to promote promising energy technologies for commercial purposes.
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(A) a summary, with supporting data, of how much Department program offices contribute to and use the Fund each year, including a list of current funding restrictions;
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(A) the potential of the project to promote the development of a commercially sustainable technology cluster following the period of investment by the Department, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility;
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(B) to improve the products, services, and capabilities of small business concerns in the mission space of the Department.
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(a) The Secretary may carry out a program to award cash prizes in recognition of breakthrough achievements in research, development, demonstration, and commercial application that have the potential for application to the performance of the mission of the Department.
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(1) issue Department-wide guidance on the design, development, and implementation of prize competitions;
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(4) provide training and prize competition design support, as necessary, to Department staff to develop prize competitions and challenges.
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(i) shall consult with the Department’s Hydrogen Technical and Fuel Cell Advisory Committee;
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(D) For each prize competition under this subsection, the Secretary in consultation with the administering entity shall assemble a panel of qualified judges to select the winner or winners on the basis of the criteria established under subparagraph (C). Judges for each prize competition shall include individuals from outside the Department, including from the private sector. A judge, spouse, minor children, and members of the judge’s household may not—(i) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in the prize competition for which he or she will serve as a judge; or(ii) have a familial or financial relationship with an individual who is a registered participant in the prize competition for which he or she will serve as a judge.
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(h) In accordance with section 16391a of this title, the Secretary shall report annually on a description of any prize competitions carried out using the authority under this section, the total amount of prizes awarded along with any private sector contributions, the methods used for solicitation and evaluation, and a description of how each prize competition advanced the mission of the Department.
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(c) The Secretary, in consultation with the Secretary of Labor, may establish programs in the appropriate offices of the Department under which the Secretary provides grants to enhance training (including distance learning) for any workforce category for which a shortage is identified or predicted under subsection (b)(2).
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(2) The Secretary shall designate personnel of the Department to work with persons carrying out each certified project and ensure that the personnel—(A) provide each certified project with guidance in meeting the criteria established under subsection (c);(B) identify programs of the Department, including National Laboratories and Technology Centers, that will assist each project in meeting the criteria established under subsection (c); and(C) ensure that knowledge and transfer of the most current technology between the applicable resources of the Federal Government (including the National Laboratories and Technology Centers, the Department, and the Environmental Protection Agency) and the certified projects is being facilitated to accelerate commercialization of work developed through those resources.
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(B) identify programs of the Department, including National Laboratories and Technology Centers, that will assist each project in meeting the criteria established under subsection (c); and
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(C) ensure that knowledge and transfer of the most current technology between the applicable resources of the Federal Government (including the National Laboratories and Technology Centers, the Department, and the Environmental Protection Agency) and the certified projects is being facilitated to accelerate commercialization of work developed through those resources.
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(B) The term “commercial technology” does not include a technology solely by use of the technology in a demonstration project funded by the Department.
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(p) In carrying out this subchapter, the Secretary shall coordinate activities under this subchapter with activities of other relevant offices with the Department.
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(4) Notwithstanding any other provision of law, funds awarded under the Department of Energy’s Clean Coal Power Initiative for Fischer-Tropsch coal-to-oil liquefaction projects may be used to finance the cost of loan guarantees for projects awarded such funds.
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(b) The Department may use amounts awarded under the Clean Coal Power Initiative to carry out the project described in section 16513(c)(1)(C) of this title, on the request of the recipient of such award, for a loan guarantee, to the extent that the amounts have not yet been disbursed to, or have been repaid by, the recipient.
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(c) The Secretary of Energy shall enter into an arrangement with an independent auditor for annual evaluations of the program under title XVII of the Energy Policy Act of 2005 [42 U.S.C. 16501 et seq.]. In addition to the independent audit, the Comptroller General shall conduct a review every three years of the Department’s execution of the program under title XVII of the Energy Policy Act of 2005. The results of the independent audit and the Comptroller General’s review shall be provided directly to the Committees on Appropriations of the House of Representatives and the Senate.
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The Secretary shall submit an annual report to the Committee on Energy and Commerce of the United States House of Representatives and to the Committee on Energy and Natural Resources of the Senate concerning the status of energy export development in Latin America and efforts by the Secretary and other departments and agencies of the United States to promote energy integration with Latin America. The report shall contain a detailed analysis of the status of energy export development in Mexico and a description of all significant efforts by the Secretary and other departments and agencies to promote a constructive relationship with Mexico regarding the development of that nation’s energy capacity. In particular this report shall outline efforts the Secretary and other departments and agencies have made to ensure that regulatory approval and oversight of United States/Mexico border projects that result in the expansion of Mexican energy capacity are effectively coordinated across departments and with the Mexican government.
Citations to §15801(2)(A)
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(C) an institution of higher education.
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(2) provide for the establishment of 5 projects in geographic areas that are regionally and climatically diverse to demonstrate the production of hydrogen at solar energy facilities, including one demonstration project at a National Laboratory or institution of higher education;
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(2) provide for the establishment of 5 projects in geographic areas that are regionally and climatically diverse to demonstrate the production of hydrogen at existing wind energy facilities, including one demonstration project at a National Laboratory or institution of higher education.
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(B) An institution of higher education.
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(b) The Secretary shall support the establishment of the Center at an institution of higher education that has—(1) expertise in providing degree programs in electric power generation, transmission, and distribution technologies;(2) expertise in providing onsite and Internet-based training; and(3) demonstrated responsiveness to workforce and training requirements in the electric power industry.
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(c) Data development and analysis under this section shall be performed by an institution of higher education with GIS capabilities. If the organization receiving the grant under subsection (a) does not have GIS capabilities, such organization shall contract with one or more entities with—(1) technological capabilities and resources to perform advanced image processing, GIS programming, and data analysis; and(2) the ability to—(A) process remotely sensed imagery with high spatial resolution;(B) deploy global positioning systems;(C) process and synthesize existing, variable-format gas well, pipeline, gathering facility, and reservoir data;(D) create and query GIS databases with infrastructure location and attribute information;(E) write computer programs to customize relevant GIS software;(F) generate maps, charts, and graphs which summarize findings from data research for presentation to different audiences; and(G) deliver data in a variety of formats, including Internet Map Server for query and display, desktop computer display, and access through handheld personal digital assistants.
Citations to §15801(3)
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(a) The Administrator shall permit the recipient of a grant under section 604 or 605 of this title to use grant funds to achieve target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism, consistent with a State homeland security plan and relevant local, tribal, and regional homeland security plans, including by working in conjunction with a National Laboratory (as defined in section 15801(3) of title 42), through—(1) developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or mutual aid agreements;(2) designing, conducting, and evaluating training and exercises, including training and exercises conducted under section 321a of this title and section 748 of this title;(3) protecting a system or asset included on the prioritized critical infrastructure list established under section 664(a)(2) of this title;(4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;(5) ensuring operability and achieving interoperability of emergency communications;(6) responding to an increase in the threat level under the Homeland Security Advisory System, or to the needs resulting from a National Special Security Event;(7) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 124h(i) of this title;(8) enhancing school preparedness;(9) enhancing the security and preparedness of secure and nonsecure areas of eligible airports and surface transportation systems;(10) supporting public safety answering points;(11) paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts, regardless of whether such analysts are current or new full-time employees or contract employees;(12) paying expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant;(13) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program, the Urban Area Security Initiative (including activities permitted under the full-time counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program;(14) migrating any online service (as defined in section 3 of the DOTGOV Online Trust in Government Act of 2020)1 to the .gov internet domain; and(15) any other appropriate activity, as determined by the Administrator.
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(d) In this section, the term “National Laboratory” has the meaning given such term in section 15801(3) of title 42.
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(7) The term “National Laboratory” has the meaning given the term in section 15801(3)1 of this title.
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(a) The Secretary, acting through the Idaho National Laboratory, may participate in a consortium described in subsection (b) to address science and science policy issues surrounding the expanded discovery and use of geothermal energy, including from geothermal resources on public lands.
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(2) be a regional consortium of institutions and government agencies that focuses on building collaborative efforts among the universities in the State of Idaho, other regional universities, State agencies, and the Idaho National Laboratory;
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(c) The Secretary, acting through the Idaho National Laboratory and subject to the availability of appropriations, will provide financial assistance to Boise State University for expenditure under contracts with members of the consortium to carry out the activities of the consortium.
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(1) The Idaho National Laboratory shall be the lead National Laboratory for the Project and shall collaborate with other National Laboratories, institutions of higher education, other research institutes, industrial researchers, and international researchers to carry out the Project.
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(A) The Idaho National Laboratory shall organize a consortium of appropriate industrial partners that will carry out cost-shared research, development, design, and construction activities, and operate research facilities, on behalf of the Project.
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(3) The prototype nuclear reactor and associated plant shall be sited at the Idaho National Laboratory in Idaho.
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(4) The Project shall use, if appropriate, reactor test capabilities at the Idaho National Laboratory.
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(5) The Project may use, if appropriate, facilities at other National Laboratories.
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(B) The Secretary, through the Idaho National Laboratory, may contract for assistance from specialists or facilities from member countries of the Generation IV International Forum, the Russian Federation, or other international partners if the specialists or facilities provide access to cost-effective and relevant skills or test capabilities.
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(1) The Secretary, acting through the Idaho National Laboratory, shall fund not more than 4 teams for not more than 2 years to develop detailed proposals for competitive evaluation and selection of a single proposal for a final design of the prototype nuclear reactor.
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(2) to make critical public investments in building strong links to private industry, institutions of higher education, National Laboratories, and research institutions to expand innovation and industrial growth;
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(2) provide for the establishment of 5 projects in geographic areas that are regionally and climatically diverse to demonstrate the production of hydrogen at solar energy facilities, including one demonstration project at a National Laboratory or institution of higher education;
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(2) provide for the establishment of 5 projects in geographic areas that are regionally and climatically diverse to demonstrate the production of hydrogen at existing wind energy facilities, including one demonstration project at a National Laboratory or institution of higher education.
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(3) encourage collaborative research among industry, National Laboratories, and institutions of higher education;
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(d) In conjunction with the programs supported under this section, the Secretary shall develop sabbatical, fellowship, and visiting scientist programs to encourage National Laboratories and institutions of higher education to share and exchange personnel.
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(a) The National Energy Technology Laboratory, the Idaho National Laboratory, and the National Renewable Energy Laboratory shall continue to work in a crosscutting manner to carry out the programs established under sections 16161a and 16161c of this title.
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(A) the Idaho National Laboratory, the National Renewable Energy Laboratory, and other National Laboratories in a cross-cutting manner;
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(2) act as a clearinghouse to collect information from, and distribute information to, the National Laboratories and other entities described in subparagraphs (B) through (E) of paragraph (1).
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(3) The term “nonmilitary energy laboratory” means a National Laboratory other than a National Laboratory listed in subparagraph (G), (H), or (N) of section 15801(3) of this title.
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(i) to the maximum extent possible, avoid duplication with other Federal RD&D programs, and projects, including with those of the National Laboratories;
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(C) National Laboratories; and
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(C) coordinated with ongoing secondary battery use programs at the National Laboratories and in industry.
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(2) The extent to which the applicant will coordinate the activities of the Center with other entities as appropriate, such as State and local governments, utilities, institutions of higher education, and National Laboratories.
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(c) The Secretary shall consider implementing the program under this section using a consortium of participants from industry, institutions of higher education, and National Laboratories.
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(C) testbeds developed in cooperation with National Laboratories, industries, and institutions of higher education to—(i) demonstrate those technologies;(ii) prepare the technologies for commercial introduction; and(iii) address cost or performance roadblocks to successful commercial use.
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(i) to develop and use a geographically distributed center, consisting of institutions of higher education, and National Laboratories, with expertise and facilities to develop the underlying theory and software for power system application; and
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(B) a National Laboratory;
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(7) The term “National Laboratory” has the meaning given such term in section 15801(3) of this title.
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(ii) studies conducted by the National Laboratories; and
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(B) a National Laboratory;
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(8) The term “National Laboratory” has the meaning given such term in section 15801(3) of this title.
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(ii) studies conducted by the National Laboratories; and
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(A) Providing research infrastructure to promote scientific progress and enable users from academia, the National Laboratories, and the private sector to make scientific discoveries relevant for nuclear, chemical, and materials science engineering.
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(B) Maintaining nuclear energy research and development programs at the National Laboratories and institutions of higher education, including infrastructure at the National Laboratories and institutions of higher education.
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(F) Supporting technology transfer from the National Laboratories to the private sector.
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(G) Enabling the private sector to partner with the National Laboratories to demonstrate novel reactor concepts for the purpose of resolving technical uncertainty associated with the objectives described in subparagraphs (A) through (F).
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(A) Except as provided in subparagraph (B), the term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(B) With respect to the Lawrence Livermore National Laboratory, the Los Alamos National Laboratory, and the Sandia National Laboratories, the term “National Laboratory” means only the civilian activities of the laboratory.
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(i) currently operational research reactors at the National Laboratories and institutions of higher education;
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(A) conduct a graduate and undergraduate fellowship program to attract new and talented students, which may include fellowships for students to spend time at National Laboratories in the areas of nuclear science, engineering, and health physics with a member of the National Laboratory staff acting as a mentor;
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(D) promote collaborations, partnerships, and knowledge sharing between institutions of higher education, National Laboratories, other Federal agencies, industry, and associated labor unions; and
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(A) a fellowship program for professors at universities to spend sabbaticals at National Laboratories in the areas of nuclear science and technology; and
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(B) a visiting scientist program in which National Laboratory staff can spend time in academic nuclear science and engineering departments.
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(A) encourage appropriate partnerships among National Laboratories, affected universities, community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs, and industry; and
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(4) The term “National Laboratory” has the meaning given the term in section 16271(b) of this title.
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(1) develop an inventory of nuclear science and engineering facilities, equipment, expertise, and other assets at all of the National Laboratories;
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(2) develop a prioritized list of nuclear science and engineering plant and equipment improvements needed at each of the National Laboratories;
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(3) consider the available facilities and expertise at all National Laboratories and emphasize investments which complement rather than duplicate capabilities; and
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(B) In carrying out subparagraph (A), the Secretary shall consult with the private sector, institutions of higher education, the National Laboratories, and relevant Federal agencies to ensure that the user facility described in subparagraph (A) will meet the research needs of the largest practicable majority of prospective users.
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(1) Using expertise from the private sector, institutions of higher education, and the National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced nuclear reactor systems and reactor systems for space exploration.
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(1) other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency–Energy, and the Advanced Scientific Computing Research program; and
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(b) In carrying out the program under subsection (a), the Secretary shall leverage the technical expertise of relevant Federal agencies and the National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites.
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(1) Not later than 180 days after September 28, 2018, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall submit to the appropriate committees of Congress a report assessing the capabilities of the Department to authorize, host, and oversee privately funded experimental advanced nuclear reactors as described in subsection (b).
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(A) the safety review and oversight capabilities of the Department, including options to leverage expertise from the Commission and the National Laboratories;
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(C) technical experts at the National Laboratories;
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(a) In carrying out this part, the Secretary shall coordinate activities, and effectively manage crosscutting research priorities across programs of the Department and other relevant Federal agencies, including the National Laboratories.
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(1) In carrying out this part, the Secretary shall collaborate with industry, National Laboratories, other relevant Federal agencies, institutions of higher education, including minority-serving institutions and research reactors, Tribal entities, including Alaska Native Corporations, and international bodies with relevant scientific and technical expertise.
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(iii) the National Laboratories;
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(3) Not later than 180 days after December 27, 2020, the Secretary shall, after consulting with relevant entities, including National Laboratories, institutions of higher education, and technology developers, submit to Congress a report identifying any and all options for providing nuclear material, containing isotopes other than the uranium-235 isotope, such as uranium-233 and thorium-232 to be used as fuel for advanced nuclear reactor research, development, demonstration, or commercial application purposes.
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(C) The Secretary may enter into cooperative agreements under subparagraph (A) with industry stakeholders, including any industry stakeholder operating in partnership with the National Laboratories, institutions of higher education, multiinstitutional collaborations, and other appropriate entities.
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(5) The carbon capture, utilization, and sequestration activities described in paragraph (3)(B) shall be carried out by the Assistant Secretary for Fossil Energy, in coordination with the heads of other relevant offices of the Department and the National Laboratories.
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(3) have 1 or more existing partnerships with a National Laboratory, an institution of higher education, a private company, or a State or other government entity.
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(B) consider applications from the National Laboratories, institutions of higher education, multiinstitutional collaborations, and other appropriate entities.
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(A) Each fiscal year, of funds made available to the National Energy Technology Laboratory, the Secretary may deposit an amount, not to exceed the rate made available to the National Laboratories for laboratory-directed research and development, in a special fund account.
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(1) an assessment of the quality of science and research at the National Energy Technology Laboratory, relative to similar work at other National Laboratories;
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(A) In carrying out the Initiative, the Secretary shall organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector.
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(A) In carrying out the Initiative, the Secretary shall organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector.
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(d) Within the funds authorized to be appropriated pursuant to this part, amounts shall be available for projects to develop, plan, construct, acquire, or operate special equipment, instrumentation, or facilities, including user facilities at National Laboratories, for researchers conducting research, development, demonstration, and commercial application in systems biology and proteomics and associated biological disciplines.
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(B) The Director shall consider applications from National Laboratories, multi-institutional collaborations, and other appropriate entities.
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(4) The terms “Spallation Neutron Source Facility” and “Facility” mean the completed Spallation Neutron Source scientific user facility located at Oak Ridge National Laboratory, Oak Ridge, Tennessee.
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(5) The terms “Spallation Neutron Source Project” and “Project” means Department Project 99–E–334, Oak Ridge National Laboratory, Oak Ridge, Tennessee.
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(a) The Secretary shall award a grant to a Southeastern United States consortium of major research universities that currently advances science and education by partnering with National Laboratories, to establish a regional pilot program of its SEEK–16 program for enhancing scientific, technological, engineering, and mathematical literacy, creativity, and decision-making. The consortium shall include leading research universities, one or more universities that train substantial numbers of elementary and secondary school teachers, and (where appropriate) National Laboratories.
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(3) developing programs to permit current and future teachers to participate in ongoing research projects at National Laboratories and research universities and to adapt lessons learned to the classroom;
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(a) The Secretary is authorized to establish a Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Department and National Laboratories.
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(b) The Secretary may require that an individual receiving a scholarship under this section serve as a full-time employee of the Department or a National Laboratory for a fixed period in return for receiving the scholarship.
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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.
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Not later than 12 months after August 8, 2005, and biennially thereafter, the Secretary shall transmit to Congress a report on the equal employment opportunity practices at National Laboratories. Such report shall include—
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(1) a thorough review of each National Laboratory contractor’s equal employment opportunity policies, including promotion to management and professional positions and pay raises;
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(2) a statistical report on complaints and their disposition in the National Laboratories;
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(3) a description of how equal employment opportunity practices at the National Laboratories are treated in the contract and in calculating award fees for each contractor;
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(4) a summary of disciplinary actions and their disposition by either the Department or the relevant contractors for each National Laboratory;
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(5) a summary of outreach efforts to attract women and minorities to the National Laboratories;
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(6) a summary of efforts to retain women and minorities in the National Laboratories; and
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(7) a summary of collaboration efforts with the Office of Federal Contract Compliance Programs to improve equal employment opportunity practices at the National Laboratories.
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(1) 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 Energy, or the Office of Nuclear Energy, Science and Technology Programs at all National Laboratories and single-purpose research facilities.
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(2) For each National Laboratory and single-purpose research facility that is primarily used for science and energy research, the report shall contain—(A) the current priority list of proposed facilities and infrastructure projects, including cost and schedule requirements;(B) a current 10-year plan that demonstrates 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 facilities and infrastructure funding; and(D) the current status of each facility and infrastructure project compared to the original baseline cost, schedule, and scope.
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None of the funds authorized to be appropriated to the Secretary by this subchapter may be used to award a management and operating contract for a National Laboratory (excluding those named in subparagraphs (G), (H), (N), and (O) of section 15801(3) of this title), unless such contract is competitively awarded, or the Secretary grants, on a case-by-case basis, a waiver. The Secretary may not delegate the authority to grant such a waiver and shall submit to Congress a report notifying it of the waiver, and setting forth the reasons for the waiver, at least 60 days prior to the date of the award of such contract.
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(5) In carrying out the mission and activities of the Office, the Chief Commercialization Officer shall coordinate with the senior leadership of the Department, other relevant program offices of the Department, National Laboratories, the Technology Transfer Working Group established under subsection (b), the Technology Transfer Policy Board, and other stakeholders (including private industry).
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(b) The Secretary shall establish a Technology Transfer Working Group, which shall consist of representatives of the National Laboratories and single-purpose research facilities, to—(1) coordinate technology transfer activities occurring at National Laboratories and single-purpose research facilities;(2) exchange information about technology transfer practices, including alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; and(3) develop and disseminate to the public and prospective technology partners information about opportunities and procedures for technology transfer with the Department, including opportunities and procedures related to alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters.
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(1) coordinate technology transfer activities occurring at National Laboratories and single-purpose research facilities;
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(1) The Secretary, acting through the Chief Commercialization Officer established in subsection (a), shall establish a Technology Commercialization Fund (hereafter referred to as the “Fund”), using nine-tenths of one percent of the amount of appropriations made available to the Department for applied energy research, development, demonstration, and commercial application for each fiscal year, to be used to provide, in accordance with the cost-sharing requirements under section 16352 of this title, funds to private partners, including national laboratories, to promote promising energy technologies for commercial purposes.
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(4) provide financial and technical assistance for entrepreneurial fellowships at national laboratories;
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(5) encourage students, energy researchers, and national laboratory employees to develop entrepreneurial skillsets and engage in entrepreneurial opportunities;
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(6) support private companies and individuals in partnering with National Laboratories; and
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(c) The purpose of the Program shall be to improve the ability of National Laboratories and single-purpose research facilities to support departmental missions by—(1) stimulating the development of technology clusters that can support departmental missions at the National Laboratories or single-purpose research facilities;(2) improving the ability of National Laboratories and single-purpose research facilities to leverage and benefit from commercial research, technology, products, processes, and services; and(3) encouraging the exchange of scientific and technological expertise between—(A) National Laboratories or single-purpose research facilities; and(B) entities that can support departmental missions at the National Laboratories or single-purpose research facilities, such as—(i) institutions of higher education;(ii) technology-related business concerns;(iii) nonprofit institutions; and
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(1) stimulating the development of technology clusters that can support departmental missions at the National Laboratories or single-purpose research facilities;
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(2) improving the ability of National Laboratories and single-purpose research facilities to leverage and benefit from commercial research, technology, products, processes, and services; and
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(A) National Laboratories or single-purpose research facilities; and
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(B) entities that can support departmental missions at the National Laboratories or single-purpose research facilities, such as—(i) institutions of higher education;(ii) technology-related business concerns;(iii) nonprofit institutions; and
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(d) The Secretary shall authorize the director of each National Laboratory or single-purpose research facility to implement the Program at the National Laboratory or facility through one or more projects that meet the requirements of subsections (e) and (f).
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(1) The Secretary shall allocate funds under this section only if the Director of the National Laboratory or single-purpose research facility managing the project determines that the project is likely to improve the ability of the National Laboratory or single-purpose research facility to achieve technical success in meeting departmental missions.
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(A) the potential of the project to promote the development of a commercially sustainable technology cluster following the period of investment by the Department, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility;
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(B) the potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating National Laboratory or single-purpose research facility to achieve its mission or the commercial development of technological innovations made at the participating National Laboratory or single-purpose research facility;
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(C) the extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the missions of the participating National Laboratory or single-purpose research facility and that will make substantive contributions to achieving the goals of the project;
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(2) additional funds to the National Laboratory or single-purpose research facility managing the project to permit the National Laboratory or single-purpose research facility to carry out activities relating to the project, and to coordinate the activities with the project.
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(a) The Secretary shall require the Director of each National Laboratory (as defined in section 15801 of this title) and the Director of each single-purpose research facility to designate a small business advocate to—(1) encourage the participation of small business concerns, including socially and economically disadvantaged small business concerns (as defined in section 637(a)(4) of title 15), in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility;(2) report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns in the activities described in paragraph (1) along with recommendations, if appropriate, on how to improve participation;(3) make available to small business concerns facilities, training, mentoring, and information on how to participate in the activities described in paragraph (1);(4) increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and(5) establish guidelines and metrics for the programs under subsections (b) and (c) and report on the effectiveness of the program to the Director of the National Laboratory or single-purpose research facility.
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(1) encourage the participation of small business concerns, including socially and economically disadvantaged small business concerns (as defined in section 637(a)(4) of title 15), in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility;
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(2) report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns in the activities described in paragraph (1) along with recommendations, if appropriate, on how to improve participation;
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(4) increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and
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(5) establish guidelines and metrics for the programs under subsections (b) and (c) and report on the effectiveness of the program to the Director of the National Laboratory or single-purpose research facility.
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(b) The Secretary shall require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to establish a program to provide small business concerns with—(1) assistance directed at making the small business concerns more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facilities; or(2) general technical assistance, the cost of which shall not exceed $10,000 per instance of assistance, to improve the products or services of the small business concern.
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(1) assistance directed at making the small business concerns more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facilities; or
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(i) the Director of each National Laboratory; and
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(B) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(3) Under the program, the Directors are authorized to provide to small business concerns vouchers to be used at National Laboratories and single-purpose research facilities for—(A) research, development, demonstration, technology transfer, skills training and workforce development, or commercial application activities; or(B) any other activities that the applicable Director determines appropriate.
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(B) the National Laboratories and single-purpose research facilities.
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(C) shall not be a Federal entity, a Federal employee acting within the scope of his employment, or an employee of a national laboratory acting within the scope of his employment.
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(B) identify programs of the Department, including National Laboratories and Technology Centers, that will assist each project in meeting the criteria established under subsection (c); and
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(C) ensure that knowledge and transfer of the most current technology between the applicable resources of the Federal Government (including the National Laboratories and Technology Centers, the Department, and the Environmental Protection Agency) and the certified projects is being facilitated to accelerate commercialization of work developed through those resources.
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(4) The term “National Laboratory” has the meaning given such term in section 15801(3) of this title.
Citations to §15801(4)
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(e) A person that enters into an agreement under this section and continues to make a good faith effort to achieve the energy efficiency goals specified in the agreement shall be eligible to receive from the Secretary a grant or technical assistance, as appropriate, to assist in the achievement of those goals.
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(f) Not later than each of June 30, 2012, and June 30, 2017, the Secretary shall submit to Congress a report that—(1) evaluates the success of the voluntary agreements under this section; and(2) provides independent verification of a sample of the energy savings estimates provided by participating firms.
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(a) The Secretary, in consultation with the Administrator of General Services, shall establish an Advanced Building Efficiency Testbed program for the development, testing, and demonstration of advanced engineering systems, components, and materials to enable innovations in building technologies. The program shall evaluate efficiency concepts for government and industry buildings, and demonstrate the ability of next generation buildings to support individual and organizational productivity and health (including by improving indoor air quality) as well as flexibility and technological change to improve environmental sustainability. Such program shall complement and not duplicate existing national programs.
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(c) There are authorized to be appropriated to the Secretary to carry out this section $6,000,000 for each of the fiscal years 2006 through 2008, to remain available until expended. For any fiscal year in which funds are expended under this section, the Secretary shall provide one-third of the total amount to the lead university described in subsection (b), and provide the remaining two-thirds to the other participants referred to in subsection (b) on an equal basis.
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(b) To the extent practicable, the Secretary of the Interior, the Secretary of Commerce, and the Secretary of Agriculture shall seek to incorporate energy efficient technologies in public and administrative buildings associated with management of the National Park System, National Wildlife Refuge System, National Forest System, National Marine Sanctuaries System, and other public lands and resources managed by the Secretaries.
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(c) To the extent practicable, the Secretary of the Interior, the Secretary of Commerce, and the Secretary of Agriculture shall seek to use energy efficient motor vehicles, including vehicles equipped with biodiesel or hybrid engine technologies, in the management of the National Park System, National Wildlife Refuge System, National Forest System, National Marine Sanctuaries System, and other public lands and resources managed by the Secretaries.
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(2) submits an application for the allocation at such time, in such form, and containing such information as the Secretary may require; and
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(3) provides assurances satisfactory to the Secretary that the State will use the allocation to supplement, but not supplant, funds made available to carry out the State program.
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(1) Subject to paragraph (2), for each fiscal year, the Secretary shall allocate to the State energy office of each eligible State to carry out subsection (d) an amount equal to the product obtained by multiplying the amount made available under subsection (f) for the fiscal year by the ratio that the population of the State in the most recent calendar year for which data are available bears to the total population of all eligible States in that calendar year.
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(f) There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of the fiscal years 2006 through 2010.
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(a) The Secretary may make grants to the State agency responsible for developing State energy conservation plans under section 6322 of this title, or, if no such agency exists, a State agency designated by the Governor of the State, to assist units of local government in the State in improving the energy efficiency of public buildings and facilities—(1) through construction of new energy efficient public buildings that use at least 30 percent less energy than a comparable public building constructed in compliance with standards prescribed in the most recent version of the International Energy Conservation Code, or a similar State code intended to achieve substantially equivalent efficiency levels; or(2) through renovation of existing public buildings to achieve reductions in energy use of at least 30 percent as compared to the baseline energy use in such buildings prior to renovation, assuming a 3-year, weather-normalized average for calculating such baseline.
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(1) maintain such records and evidence of compliance as the Secretary may require; and
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(c) For the purposes of this section, there are authorized to be appropriated to the Secretary $30,000,000 for each of fiscal years 2006 through 2010. Not more than 10 percent of appropriated funds shall be used for administration.
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(a) The Secretary is authorized to make grants to units of local government, private, non-profit community development organizations, and Indian tribe economic development entities to improve energy efficiency; identify and develop alternative, renewable, and distributed energy supplies; and increase energy conservation in low income rural and urban communities.
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(b) The Secretary may make grants on a competitive basis for—(1) investments that develop alternative, renewable, and distributed energy supplies;(2) energy efficiency projects and energy conservation programs;(3) studies and other activities that improve energy efficiency in low income rural and urban communities;(4) planning and development assistance for increasing the energy efficiency of buildings and facilities; and(5) technical and financial assistance to local government and private entities on developing new renewable and distributed sources of power or combined heat and power generation.
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(d) For the purposes of this section there are authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2006 through 2008.
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(a) The Secretary, in cooperation with the States, shall establish a cooperative program for research, development, demonstration, and deployment of technologies in which there is a common Federal and State energy efficiency, renewable energy, and fossil energy interest, to be known as the “State Technologies Advancement Collaborative” (referred to in this section as the “Collaborative”).
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(a) Not later than 180 days after August 8, 2005, the Secretary shall convene an organizational conference for the purpose of establishing an ongoing, self-sustaining national public energy education program.
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(d) The Secretary shall provide technical assistance and other guidance necessary to carry out the program described in subsection (a).
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(a) The Secretary shall carry out a comprehensive national program, including advertising and media awareness, to inform consumers about—(1) the need to reduce energy consumption during the 4-year period beginning on August 8, 2005;(2) the benefits to consumers of reducing consumption of electricity, natural gas, and petroleum, particularly during peak use periods;(3) the importance of low energy costs to economic growth and preserving manufacturing jobs in the United States; and(4) practical, cost-effective measures that consumers can take to reduce consumption of electricity, natural gas, and gasoline, including—(A) maintaining and repairing heating and cooling ducts and equipment;(B) weatherizing homes and buildings;(C) purchasing energy efficient products; and(D) proper tire maintenance.
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(c) Not later than July 1, 2009, the Secretary shall submit to Congress a report describing the effectiveness of the program under this section.
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(a) The Secretary shall establish a pilot program under which the Secretary provides financial assistance to at least 3, but not more than 7, States to carry out pilot projects in the States for—(1) planning and adopting statewide programs that encourage, for each year in which the pilot project is carried out—(A) energy efficiency; and
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(b) A State that receives financial assistance under subsection (a)(1) shall submit to the Secretary independent verification of any energy savings achieved through the statewide program.
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(a) The Secretary shall submit a report to Congress regarding each new or revised energy conservation or water use standard which the Secretary has failed to issue in conformance with the deadlines established in the Energy Policy and Conservation Act [42 U.S.C. 6201 et seq.]. Such report shall state the reasons why the Secretary has failed to comply with the deadline for issuances of the new or revised standard and set forth the Secretary’s plan for expeditiously prescribing such new or revised standard. The Secretary’s initial report shall be submitted not later than 6 months following August 8, 2005, and subsequent reports shall be submitted whenever the Secretary determines that additional deadlines for issuance of new or revised standards have been missed.
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(b) Every 6 months following the submission of a report under subsection (a) until the adoption of a new or revised standard described in such report, the Secretary shall submit to the Congress an implementation report describing the Secretary’s progress in implementing the Secretary’s plan or the issuance of the new or revised standard.
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The Secretary of Housing and Urban Development shall develop and implement an integrated strategy to reduce utility expenses through cost-effective energy conservation and efficiency measures and energy efficient design and construction of public and assisted housing. The energy strategy shall include the development of energy reduction goals and incentives for public housing agencies. The Secretary shall submit a report to Congress, not later than 1 year after August 8, 2005, on the energy strategy and the actions taken by the Department of Housing and Urban Development to monitor the energy usage of public housing agencies and shall submit an update every 2 years thereafter on progress in implementing the strategy.
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(a) Not later than 6 months after August 8, 2005, and each year thereafter, the Secretary shall review the available assessments of renewable energy resources within the United States, including solar, wind, biomass, marine, geothermal, and hydroelectric energy resources, and undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors.
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(b) Not later than 1 year after August 8, 2005, and each year thereafter, the Secretary shall publish a report based on the assessment under subsection (a). The report shall contain—(1) a detailed inventory describing the available amount and characteristics of the renewable energy resources; and(2) such other information as the Secretary believes would be useful in developing such renewable energy resources, including descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the costs needed to develop each resource, together with an identification of any barriers to providing adequate transmission for remote sources of renewable energy resources to current and emerging markets, recommendations for removing or addressing such barriers, and ways to provide access to the grid that do not unfairly disadvantage renewable or other energy producers.
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(2) such other information as the Secretary believes would be useful in developing such renewable energy resources, including descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the costs needed to develop each resource, together with an identification of any barriers to providing adequate transmission for remote sources of renewable energy resources to current and emerging markets, recommendations for removing or addressing such barriers, and ways to provide access to the grid that do not unfairly disadvantage renewable or other energy producers.
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(c) For the purposes of this section, there are authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2006 through 2010.
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(a) The President, acting through the Secretary, shall seek to ensure that, to the extent economically feasible and technically practicable, of the total amount of electric energy the Federal Government consumes during any fiscal year, the following amounts shall be renewable energy:(1) Not less than 3 percent in fiscal years 2007 through 2009.(2) Not less than 5 percent in fiscal years 2010 through 2012.(3) Not less than 7.5 percent in fiscal year 2013 and each fiscal year thereafter.
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(d) Not later than April 15, 2007, and every 2 years thereafter, the Secretary shall provide a report to Congress on the progress of the Federal Government in meeting the goals established by this section.
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(1) The Secretary shall establish a program providing rebates for consumers for expenditures made for the installation of a renewable energy system in connection with a dwelling unit or small business.
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(4) There are authorized to be appropriated to the Secretary for carrying out this section, to remain available until expended—(A) $150,000,000 for fiscal year 2006;(B) $150,000,000 for fiscal year 2007;(C) $200,000,000 for fiscal year 2008;(D) $250,000,000 for fiscal year 2009; and(E) $250,000,000 for fiscal year 2010.
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(B) a community (as determined by the Secretary concerned);
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(B) any town, township, municipality, or other similar unit of local government (as determined by the Secretary concerned) that—(i) has a population of not more than 50,000 individuals; and(ii) the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation; or
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(ii) the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near Federal or Indian land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation; or
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(3) As a condition of a grant under this subsection, the grant recipient shall keep such records as the Secretary concerned may require to fully and correctly disclose the use of the grant funds and all transactions involved in the purchase of biomass. Upon notice by a representative of the Secretary concerned, the grant recipient shall afford the representative reasonable access to the facility that purchases or uses biomass and an opportunity to examine the inventory and records of the facility.
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(2) The Secretary concerned shall select a grant recipient under paragraph (1) after giving consideration to—(A) the anticipated public benefits of the project, including the potential to develop thermal or electric energy resources or affordable energy;(B) opportunities for the creation or expansion of small businesses and micro-businesses;(C) the potential for new job creation;(D) the potential for the project to improve efficiency or develop cleaner technologies for biomass utilization; and
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(e) Not later than October 1, 2010, the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Resources, the Committee on Energy and Commerce, and the Committee on Agriculture of the House of Representatives, a report describing the results of the grant programs authorized by this section. The report shall include the following:(1) An identification of the size, type, and use of biomass by persons that receive grants under this section.(2) The distance between the land from which the biomass was removed and the facility that used the biomass.(3) The economic impacts, particularly new job creation, resulting from the grants to and operation of the eligible operations.
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(a) Not later than 180 days after August 8, 2005, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to Congress a memorandum of understanding in accordance with this section, the Geothermal Steam Act of 1970 (as amended by this Act) [30 U.S.C. 1001 et seq.], and other applicable laws, regarding coordination of leasing and permitting for geothermal development of public lands and National Forest System lands under their respective jurisdictions.
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(b) Amounts deposited under subsection (a) shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, to implement the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.] and this Act.
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(c) For the purposes of coordination and processing of geothermal leases and geothermal use authorizations on Federal land the Secretary of the Interior may authorize the expenditure or transfer of such funds as are necessary to the Forest Service.
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(a) The Secretary, acting through the Idaho National Laboratory, may participate in a consortium described in subsection (b) to address science and science policy issues surrounding the expanded discovery and use of geothermal energy, including from geothermal resources on public lands.
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(c) The Secretary, acting through the Idaho National Laboratory and subject to the availability of appropriations, will provide financial assistance to Boise State University for expenditure under contracts with members of the consortium to carry out the activities of the consortium.
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(a) For electric energy generated and sold by a qualified hydroelectric facility during the incentive period, the Secretary shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility. The amount of such payment made to any such owner or operator shall be as determined under subsection (e) of this section. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment and which satisfies such other requirements as the Secretary deems necessary. Such application shall be in such form, and shall be submitted at such time, as the Secretary shall establish.
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(III) that is constructed in an area in which there is inadequate electric service, as determined by the Secretary, including by taking into consideration—(aa) access to the electric grid;(bb) the frequency of electric outages; or(cc) the affordability of electricity.
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(1) Payments made by the Secretary under this section to the owner or operator of a qualified hydroelectric facility shall be based on the number of kilowatt hours of hydroelectric energy generated by the facility during the incentive period. For any such facility, the amount of such payment shall be 1.8 cents per kilowatt hour (adjusted as provided in paragraph (2)), subject to the availability of appropriations under subsection (g), except that no facility may receive more than $1,000,000 in 1 calendar year.
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(g) There is authorized to be appropriated to the Secretary to carry out this section $125,000,000 for fiscal year 2022, to remain available until expended.
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(b) The Secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to—(1) improving grid resiliency, including—(A) adapting more quickly to changing grid conditions;(B) providing ancillary services (including black start capabilities, voltage support, and spinning reserves);(C) integrating other variable sources of electricity generation; and(D) managing accumulated reservoir sediments;(2) improving dam safety to ensure acceptable performance under all loading conditions (including static, hydrologic, and seismic conditions), including—(A) the maintenance or upgrade of spillways or other appurtenant structures;(B) dam stability improvements, including erosion repair and enhanced seepage controls; and(C) upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction; or(3) environmental improvements, including—(A) adding or improving safe and effective fish passage, including new or upgraded turbine technology, fish ladders, fishways, and all other associated technology, equipment, or other fish passage technology to a qualified hydroelectric facility;(B) improving the quality of the water retained or released by a qualified hydroelectric facility;(C) promoting downstream sediment transport processes and habitat maintenance; and(D) improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity.
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(d) There is authorized to be appropriated to the Secretary to carry out this section $553,600,000 for fiscal year 2022, to remain available until expended.
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(1) On a request described in paragraph (2), the Secretary shall conduct a feasibility study of a project to implement a strategy or project identified in the plans submitted to Congress pursuant to section 1492 of title 48 as having the potential to—(A) significantly reduce the dependence of an insular area on imported fossil fuels; or(B) provide needed distributed generation to an insular area.
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(2) The Secretary shall conduct a feasibility study under paragraph (1) on—(A) the request of an electric utility located in an insular area that commits to fund at least 10 percent of the cost of the study; and
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(3) The Secretary shall consult with regional utility organizations in—(A) conducting feasibility studies under paragraph (1); and(B) determining the feasibility of potential projects.
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(1) On a determination by the Secretary (in consultation with the Secretary of the Interior) that a project is feasible under subsection (a) and a commitment by an electric utility to operate and maintain the project, the Secretary may provide such technical and financial assistance as the Secretary determines is appropriate for the implementation of the project.
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(2) In providing assistance under paragraph (1), the Secretary shall consider providing the assistance through regional utility organizations.
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(1) There are authorized to be appropriated to the Secretary—(A) $500,000 for each fiscal year for project feasibility studies under subsection (a); and(B) $4,000,000 for each fiscal year for project implementation under subsection (b).
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(2) No insular area may receive, during any 3-year period, more than 20 percent of the total funds made available during that 3-year period under subparagraphs (A) and (B) of paragraph (1) unless the Secretary determines that providing funding in excess of that percentage best advances existing opportunities to meet the objectives of this section.
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(a) Notwithstanding any other provision of law, this section applies to all royalty in-kind accepted by the Secretary on or after August 8, 2005, under any Federal oil or gas lease or permit under—(2) section 1353 of title 43; or(3) any other Federal law governing leasing of Federal land for oil and gas development.
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(b) All royalty accruing to the United States shall, on the demand of the Secretary, be paid in-kind. If the Secretary makes such a demand, the following provisions apply to the payment:(1) Delivery by, or on behalf of, the lessee of the royalty amount and quality due under the lease satisfies royalty obligation of the lessee for the amount delivered, except that transportation and processing reimbursements paid to, or deductions claimed by, the lessee shall be subject to review and audit.(A) In this paragraph, the term “in marketable condition” means sufficiently free from impurities and otherwise in a condition that the royalty production will be accepted by a purchaser under a sales contract typical of the field or area in which the royalty production was produced.(B) Royalty production shall be placed in marketable condition by the lessee at no cost to the United States.(3) The Secretary may—(A) sell or otherwise dispose of any royalty production taken in-kind (other than oil or gas transferred under section 1353(a)(3) of title 431 for not less than the market price; and(B) transport or process (or both) any royalty production taken in-kind.(4) The Secretary may, notwithstanding section 3302 of title 31, retain and use a portion of the revenues from the sale of oil and gas taken in-kind that otherwise would be deposited to miscellaneous receipts, without regard to fiscal year limitation, or may use oil or gas received as royalty taken in-kind (referred to in this paragraph as “royalty production”) to pay the cost of—(A) transporting the royalty production;(B) processing the royalty production;(C) disposing of the royalty production; or(D) any combination of transporting, processing, and disposing of the royalty production.(A) Except as provided in subparagraph (B), the Secretary may not use revenues from the sale of oil and gas taken in-kind to pay for personnel, travel, or other administrative costs of the Federal Government.(B) Notwithstanding subparagraph (A), the Secretary may use a portion of the revenues from royalty in-kind sales, without fiscal year limitation, to pay salaries and other administrative costs directly related to the royalty in-kind program.
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(3) The Secretary may—(A) sell or otherwise dispose of any royalty production taken in-kind (other than oil or gas transferred under section 1353(a)(3) of title 431 for not less than the market price; and(B) transport or process (or both) any royalty production taken in-kind.
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(4) The Secretary may, notwithstanding section 3302 of title 31, retain and use a portion of the revenues from the sale of oil and gas taken in-kind that otherwise would be deposited to miscellaneous receipts, without regard to fiscal year limitation, or may use oil or gas received as royalty taken in-kind (referred to in this paragraph as “royalty production”) to pay the cost of—(A) transporting the royalty production;(B) processing the royalty production;(C) disposing of the royalty production; or(D) any combination of transporting, processing, and disposing of the royalty production.
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(A) Except as provided in subparagraph (B), the Secretary may not use revenues from the sale of oil and gas taken in-kind to pay for personnel, travel, or other administrative costs of the Federal Government.
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(B) Notwithstanding subparagraph (A), the Secretary may use a portion of the revenues from royalty in-kind sales, without fiscal year limitation, to pay salaries and other administrative costs directly related to the royalty in-kind program.
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(c) If the lessee, pursuant to an agreement with the United States or as provided in the lease, processes the royalty gas or delivers the royalty oil or gas at a point not on or adjacent to the lease area, the Secretary shall—(1) reimburse the lessee for the reasonable costs of transportation (not including gathering) from the lease to the point of delivery or for processing costs; or(2) allow the lessee to deduct the transportation or processing costs in reporting and paying royalties in-value for other Federal oil and gas leases.
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(1) Before making payments under section 191 of title 30 or section 1337(g) of title 43 of revenues derived from the sale of royalty production taken in-kind from a lease, the Secretary shall deduct amounts paid or deducted under subsections (b)(4) and (c) and deposit the amount of the deductions in the miscellaneous receipts of the Treasury.
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(2) When the Secretary allows the lessee to deduct transportation or processing costs under subsection (c), the Secretary may not reduce any payments to recipients of revenues derived from any other Federal oil and gas lease as a consequence of that deduction.
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(f) The Secretary—(1) shall consult with a State before conducting a royalty in-kind program under this part within the State;(2) may delegate management of any portion of the Federal royalty in-kind program to the State except as otherwise prohibited by Federal law; and(3) shall consult annually with any State from which Federal oil or gas royalty is being taken in-kind to ensure, to the maximum extent practicable, that the royalty in-kind program provides revenues to the State greater than or equal to the revenues likely to have been received had royalties been taken in-value.
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(1) If the Secretary finds that sufficient supplies of crude oil are not available in the open market to refineries that do not have their own source of supply for crude oil, the Secretary may grant preference to those refineries in the sale of any royalty oil accruing or reserved to the United States under Federal oil and gas leases issued under any mineral leasing law, for processing or use in those refineries at private sale at not less than the market price.
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(2) In disposing of oil under this subsection, the Secretary may, at the discretion of the Secretary, prorate the oil among refineries described in paragraph (1) in the area in which the oil is produced.
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(1) In disposing of royalty oil or gas taken in-kind under this section, the Secretary may grant a preference to any person, including any Federal or State agency, for the purpose of providing additional resources to any Federal low-income energy assistance program.
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(2) Not later than 3 years after August 8, 2005, the Secretary shall submit a report to Congress—(A) assessing the effectiveness of granting preferences specified in paragraph (1); and(B) providing a specific recommendation on the continuation of authority to grant preferences.
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(1) take in-kind royalty gas from any lease on the McAlester Army Ammunition Plant in McAlester, Oklahoma; and(2) sell such royalty gas to the Department of Defense in accordance with subsection (h)(1), for use only at that plant, only for energy resilience purposes, and only to the extent necessary to meet the natural gas needs of that plant.
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(a) Until such time as the Secretary issues regulations under subsection (e) that prescribe a different definition, in this section, the term “marginal property” means an onshore unit, communitization agreement, or lease not within a unit or communitization agreement, that produces on average the combined equivalent of less than 15 barrels of oil per well per day or 90,000,000 British thermal units of gas per well per day calculated based on the average over the 3 most recent production months, including only wells that produce on more than half of the days during those 3 production months.
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(b) Until such time as the Secretary issues regulations under subsection (e) that prescribe different standards or requirements, the Secretary shall reduce the royalty rate on—(1) oil production from marginal properties as prescribed in subsection (c) if the spot price of West Texas Intermediate crude oil at Cushing, Oklahoma, is, on average, less than $15 per barrel (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days; and(2) gas production from marginal properties as prescribed in subsection (c) if the spot price of natural gas delivered at Henry Hub, Louisiana, is, on average, less than $2.00 per million British thermal units (adjusted in accordance with the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau of Labor Statistics) for 90 consecutive trading days.
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(2) Unless a determination is made under paragraph (3), not later than 18 months after August 8, 2005, the Secretary shall by regulation—(A) prescribe standards and requirements for, and the extent of royalty relief for, marginal properties for oil and gas leases on the outer Continental Shelf; and(B) define what constitutes a marginal property on the outer Continental Shelf for purposes of this section.
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(3) To the extent the Secretary determines that it is not practicable to issue the regulations referred to in paragraph (2), the Secretary shall provide a report to Congress explaining such determination by not later than 18 months after August 8, 2005.
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(4) In issuing regulations under this subsection, the Secretary may consider—(A) oil and gas prices and market trends;(B) production costs;(C) abandonment costs;(D) Federal and State tax provisions and the effects of those provisions on production economics;(E) other royalty relief programs;(F) regional differences in average wellhead prices;(G) national energy security issues; and(H) other relevant matters, as determined by the Secretary.
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(H) other relevant matters, as determined by the Secretary.
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(1) Not later than 180 days after August 8, 2005, in addition to any other regulations that may provide royalty incentives for natural gas produced from deep wells on oil and gas leases issued pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Secretary shall issue regulations granting royalty relief suspension volumes of not less than 35 billion cubic feet with respect to the production of natural gas from ultra deep wells on leases issued in shallow waters less than 400 meters deep located in the Gulf of Mexico wholly west of 87 degrees, 30 minutes west longitude. Regulations issued under this subsection shall be retroactive to the date that the notice of proposed rulemaking is published in the Federal Register.
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(2) The Secretary may grant suspension volumes of not less than 35 billion cubic feet in any case in which—(A) the ultra deep well is a sidetrack; or(B) the lease has previously produced from wells with a perforated interval the top of which is at least 15,000 feet true vertical depth below the datum at mean sea level.
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(b) Not later than 180 days after August 8, 2005, in addition to any other regulations that may provide royalty incentives for natural gas produced from deep wells on oil and gas leases issued pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Secretary shall issue regulations granting royalty relief suspension volumes with respect to production of natural gas from deep wells on leases issued in waters more than 200 meters but less than 400 meters deep located in the Gulf of Mexico wholly west of 87 degrees, 30 minutes west longitude. The suspension volumes for deep wells within 200 to 400 meters of water depth shall be calculated using the same methodology used to calculate the suspension volumes for deep wells in the shallower waters of the Gulf of Mexico, and in no case shall the suspension volumes for deep wells within 200 to 400 meters of water depth be lower than those for deep wells in shallower waters. Regulations issued under this subsection shall be retroactive to the date that the notice of proposed rulemaking is published in the Federal Register.
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(c) The Secretary may place limitations on the royalty relief granted under this section based on market price. The royalty relief granted under this section shall not apply to a lease for which deep water royalty relief is available.
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(c) The Secretary may place limitations on royalty relief granted under this section based on market price.
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(1) The Secretary of the Interior shall establish a long-term initiative to be known as the “North Slope Science Initiative” (referred to in this section as the “Initiative”).
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(2) The Secretary shall enter into cooperative agreements with the State of Alaska, the North Slope Borough, the Arctic Slope Regional Corporation, and other Federal agencies as appropriate to coordinate efforts, share resources, and fund projects under this section.
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(2) The panel described in paragraph (1) shall consist of a representative group of not more than 15 scientists and technical experts from diverse professions and interests, including the oil and gas industry, subsistence users, Native Alaskan entities, conservation organizations, wildlife management organizations, and academia, as determined by the Secretary.
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(e) Not later than 3 years after August 8, 2005, and each year thereafter, the Secretary shall publish a report that describes the studies and findings of the Initiative.
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(1) Not later than 60 days after November 15, 2021, the Secretary shall establish a program to plug, remediate, and reclaim orphaned wells located on Federal land.
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(4) In carrying out the program under this subsection, the Secretary shall—(A) work cooperatively with—(i) the Secretary of Agriculture;(ii) affected Indian Tribes; and(iii) each State within which Federal land is located; and(B) consult with—(i) the Secretary of Energy; and(ii) the Interstate Oil and Gas Compact Commission.
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(i) the Secretary of Agriculture;
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(i) the Secretary of Energy; and
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(A) initial grants under paragraph (3);(B) formula grants under paragraph (4); and(C) performance grants under paragraph (5).
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(A) Subject to the availability of appropriations, the Secretary shall distribute—(i) not more than $25,000,000 to each State that submits to the Secretary, by not later than 180 days after November 15, 2021, a request for funding under this clause, including—(I) an estimate of the number of jobs that will be created or saved through the activities proposed to be funded; and(II) a certification that—(aa) the State is a Member State or Associate Member State of the Interstate Oil and Gas Compact Commission;(bb) there are 1 or more documented orphaned wells located in the State; and(cc) the State will use not less than 90 percent of the funding requested under this subsection to issue new contracts, amend existing contracts, or issue grants for plugging, remediation, and reclamation work by not later than 90 days after the date of receipt of the funds; and(ii) not more than $5,000,000 to each State that—(I) requests funding under this clause;(II) does not receive a grant under clause (i); and(III) certifies to the Secretary that—(aa) the State—(AA) has in effect a plugging, remediation, and reclamation program for orphaned wells; or(BB) the capacity to initiate such a program; or(bb) the funds provided under this paragraph will be used to carry out any administrative actions necessary to develop an application for a formula grant under paragraph (4) or a performance grant under paragraph (5).
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(i) not more than $25,000,000 to each State that submits to the Secretary, by not later than 180 days after November 15, 2021, a request for funding under this clause, including—(I) an estimate of the number of jobs that will be created or saved through the activities proposed to be funded; and(II) a certification that—(aa) the State is a Member State or Associate Member State of the Interstate Oil and Gas Compact Commission;(bb) there are 1 or more documented orphaned wells located in the State; and(cc) the State will use not less than 90 percent of the funding requested under this subsection to issue new contracts, amend existing contracts, or issue grants for plugging, remediation, and reclamation work by not later than 90 days after the date of receipt of the funds; and
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(III) certifies to the Secretary that—(aa) the State—(AA) has in effect a plugging, remediation, and reclamation program for orphaned wells; or(BB) the capacity to initiate such a program; or(bb) the funds provided under this paragraph will be used to carry out any administrative actions necessary to develop an application for a formula grant under paragraph (4) or a performance grant under paragraph (5).
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(B) Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 30 days after the date on which the State submits to the Secretary the certification required under clause (i)(II) or (ii)(III) of subparagraph (A), as applicable.
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(i) The Secretary shall establish a formula for the distribution to each State described in clause (ii) of funds under this paragraph.
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(ii) A State referred to in clause (i) is a State that, by not later than 45 days after November 15, 2021, submits to the Secretary a notice of the intent of the State to submit an application under subparagraph (B), including a description of the factors described in clause (iii) with respect to the State.
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(B) To be eligible to receive a formula grant under this paragraph, a State shall submit to the Secretary an application that includes—(i) a description of—(I) the State program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the State to carry out proposed activities using the grant;(II) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells; and(III) the means by which the information regarding the activities of the State under this paragraph will be made available on a public website;(ii) an estimate of—(I) the number of orphaned wells in the State that will be plugged, remediated, or reclaimed;(II) the projected cost of—(aa) plugging, remediating, or reclaiming orphaned wells;(bb) remediating or reclaiming adjacent land; and(cc) decommissioning or removing associated pipelines, facilities, and infrastructure;(III) the amount of that projected cost that will be offset by the forfeiture of financial assurance instruments, the estimated salvage of well site equipment, or other proceeds from the orphaned wells and adjacent land;(IV) the number of jobs that will be created or saved through the activities to be funded under this paragraph; and(V) the amount of funds to be spent on administrative costs;(iii) a certification that any financial assurance instruments available to cover plugging, remediation, or reclamation costs will be used by the State; and(iv) the definitions and processes used by the State to formally identify a well as—(I) an orphaned well; or
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(C) Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B).
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(E) In making a determination under this paragraph regarding the eligibility of a State to receive a formula grant, the Secretary shall consult with—(i) the Administrator of the Environmental Protection Agency;(ii) the Secretary of Energy; and(iii) the Interstate Oil and Gas Compact Commission.
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(ii) the Secretary of Energy; and
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(i) regulatory improvement grants under subparagraph (E); and(ii) matching grants under subparagraph (F).
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(B) To be eligible to receive a grant under this paragraph, a State shall submit to the Secretary an application including—(i) each element described in an application for a grant under paragraph (4)(B);(I) increasing State spending on well plugging, remediation, and reclamation; or(II) improving regulation of oil and gas wells; and(iii) the means by which the State will use funds provided under this paragraph—(I) to lower unemployment in the State; and(II) to improve economic conditions in economically distressed areas of the State.
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(C) Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B).
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(D) In making a determination under this paragraph regarding the eligibility of a State to receive a grant under subparagraph (E) or (F), the Secretary shall consult with—(i) the Administrator of the Environmental Protection Agency;(ii) the Secretary of Energy; and(iii) the Interstate Oil and Gas Compact Commission.
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(ii) the Secretary of Energy; and
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(i) Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State a regulatory improvement grant under this subparagraph, if the State meets, during the 10-year period ending on the date on which the State submits to the Secretary an application under subparagraph (B), 1 of the following criteria:
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(iii) A State that receives a grant under this subparagraph shall reimburse the Secretary in an amount equal to the amount of the grant in any case in which, during the 10-year period beginning on the date of receipt of the grant, the State enacts a law or regulation that, if in effect on the date of submission of the application under subparagraph (B), would have prevented the State from being eligible to receive the grant under clause (i).
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(i) Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State funding, in an amount equal to the difference between—(I) the average annual amount expended by the State during the period of fiscal years 2010 through 2019—(aa) to plug, remediate, and reclaim orphaned wells; and(bb) to decommission or remove associated pipelines, facilities, or infrastructure; and(II) the amount that the State certifies to the Secretary the State will expend, during the fiscal year in which the State will receive the grant under this subparagraph—(aa) to plug, remediate, and reclaim orphaned wells;(bb) to remediate or reclaim adjacent land; and(cc) to decommission or remove associated pipelines, facilities, and infrastructure.
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(II) the amount that the State certifies to the Secretary the State will expend, during the fiscal year in which the State will receive the grant under this subparagraph—(aa) to plug, remediate, and reclaim orphaned wells;(bb) to remediate or reclaim adjacent land; and(cc) to decommission or remove associated pipelines, facilities, and infrastructure.
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(A) provide to Indian Tribes grants in accordance with this subsection; or(B) on request of an Indian Tribe and in lieu of a grant under subparagraph (A), administer and carry out plugging, remediation, and reclamation activities in accordance with paragraph (7).
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(3) In determining whether to provide to an Indian Tribe a grant under this subsection, the Secretary shall take into consideration—(A) the unemployment rate of the Indian Tribe on the date on which the Indian Tribe submits an application under paragraph (4); and(B) the estimated number of orphaned wells on the Tribal land of the Indian Tribe.
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(4) To be eligible to receive a grant under this subsection, an Indian Tribe shall submit to the Secretary an application that includes—(A) a description of—(i) the Tribal program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the Indian Tribe to carry out the proposed activities, or plans to develop such a program; and(ii) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells and remediating or reclaiming adjacent land; and(B) an estimate of—(i) the number of orphaned wells that will be plugged, remediated, or reclaimed; and(ii) the projected cost of—(I) plugging, remediating, or reclaiming orphaned wells;(II) remediating or reclaiming adjacent land; and(III) decommissioning or removing associated pipelines, facilities, and infrastructure.
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(5) Subject to the availability of appropriations, the Secretary shall distribute funds to an Indian Tribe under this subsection by not later than the date that is 60 days after the date on which the Indian Tribe submits to the Secretary a completed application under paragraph (4).
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(6) An Indian Tribe that receives funds under this subsection shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds, except for cases in which the Secretary has granted the Indian Tribe an extended deadline for completion of the eligible activities after consultation.
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(B) Subject to the availability of appropriations under subsection (h)(1)(E), on submission of a request under subparagraph (A), the Secretary shall administer or carry out plugging, remediation, and reclamation activities for an orphaned well on Tribal land.
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(e) The Secretary of Energy, in cooperation with the Secretary and the Interstate Oil and Gas Compact Commission, shall provide technical assistance to the Federal land management agencies and oil and gas producing States and Indian Tribes to support practical and economical remedies for environmental problems caused by orphaned wells on Federal land, Tribal land, and State and private land, including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug, remediate, and restore oil and gas well sites on cessation of operation.
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(f) Not later than 1 year after November 15, 2021, and not less frequently than annually thereafter, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report describing the program established and grants awarded under this section, including—(1) an updated inventory of wells located on Federal land, Tribal land, and State and private land that are—(A) orphaned wells; or(B) at risk of becoming orphaned wells;(2) an estimate of the quantities of—(A) methane and other gasses emitted from orphaned wells; and(B) emissions reduced as a result of plugging, remediating, and reclaiming orphaned wells;(3) the number of jobs created and saved through the plugging, remediation, and reclamation of orphaned wells; and(4) the acreage of habitat restored using grants awarded to plug, remediate, and reclaim orphaned wells and to remediate or reclaim adjacent land, together with a description of the purposes for which that land is likely to be used in the future.
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(A) relieves the Secretary of any obligation under section 396c of title 25, to plug, remediate, or reclaim an orphaned well located on Tribal land; or
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(1) to the Secretary—(A) $250,000,000 to carry out the program under subsection (b);(B) $775,000,000 to provide grants under subsection (c)(3);(C) $2,000,000,000 to provide grants under subsection (c)(4);(D) $1,500,000,000 to provide grants under subsection (c)(5); and(E) $150,000,000 to carry out the program under subsection (d);
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(2) to the Secretary of Energy, $30,000,000 to conduct research and development activities in cooperation with the Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in—(A) identifying and characterizing undocumented orphaned wells; and(B) mitigating the environmental risks of undocumented orphaned wells; and
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(b) The Secretary shall carry out a National Geological and Geophysical Data Preservation Program in accordance with this section—(1) to archive geologic, geophysical, and engineering data, maps, well logs, and samples;(2) to provide a national catalog of such archival material;(3) to provide technical and financial assistance related to the archival material; and(4) to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section 1606(a) of title 30) ore bodies for use in provenance tracking frameworks.
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(c) Not later than 1 year after August 8, 2005, the Secretary shall submit to Congress a plan for the implementation of the Program.
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(1) The Secretary shall establish, as a component of the Program, a data archive system to provide for the storage, preservation, and archiving of subsurface, surface, geological, geophysical, and engineering data and samples. The Secretary, in consultation with the Advisory Committee, shall develop guidelines relating to the data archive system, including the types of data and samples to be preserved.
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(2) The system shall be comprised of State agencies that elect to be part of the system and agencies within the Department of the Interior that maintain geological and geophysical data and samples that are designated by the Secretary in accordance with this subsection. The Program shall provide for the storage of data and samples through data repositories operated by such agencies.
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(3) The Secretary may not designate a State agency as a component of the data archive system unless that agency is the agency that acts as the geological survey in the State.
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(1) As soon as practicable after August 8, 2005, the Secretary shall develop and maintain, as a component of the Program, a national catalog that identifies—(A) data and samples available in the data archive system established under subsection (d);(B) the repository for particular material in the system; and(C) the means of accessing the material.
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(2) The Secretary shall make the national catalog accessible to the public on the site of the Survey on the Internet, consistent with all applicable requirements related to confidentiality and proprietary data.
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(1) The Advisory Committee shall advise the Secretary on planning and implementation of the Program.
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(A) Advise the Secretary on developing guidelines and procedures for providing assistance for facilities under subsection (g)(1).
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(B) Review and critique the draft implementation plan prepared by the Secretary under subsection (c).
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(E) Include in the annual report to the Secretary required under section 5(b)(3)1 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)(3)) an evaluation of the progress of the Program toward fulfilling the purposes of the Program under subsection (b).
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(1) Subject to the availability of appropriations, the Secretary shall provide financial assistance to a State agency that is designated under subsection (d)(2) for providing facilities to archive energy material.
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(2) Subject to the availability of appropriations, the Secretary shall provide financial assistance to any State agency designated under subsection (d)(2) for studies and technical assistance activities that enhance understanding, interpretation, and use of materials archived in the data archive system established under subsection (d).
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(4) The Secretary shall apply to the non-Federal share of the cost of an activity carried out with assistance under this subsection the value of private contributions of property and services used for that activity.
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(h) The Secretary shall include in each report under section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31g)—(1) a description of the status of the Program;(2) an evaluation of the progress achieved in developing the Program during the period covered by the report; and(3) any recommendations for legislative or other action the Secretary considers necessary and appropriate to fulfill the purposes of the Program under subsection (b).
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(3) any recommendations for legislative or other action the Secretary considers necessary and appropriate to fulfill the purposes of the Program under subsection (b).
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(1) The Secretary may grant royalty relief in accordance with this section for natural gas produced from gas hydrate resources under an eligible lease.
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(3) The Secretary shall conduct a rulemaking and grant royalty relief under this section as a suspension volume if the Secretary determines that such royalty relief would encourage production of natural gas from gas hydrate resources from an eligible lease. The maximum suspension volume shall be 30 billion cubic feet of natural gas per lease. Such relief shall be in addition to any other royalty relief under any other provision applicable to the lease that does not specifically grant a gas hydrate production incentive. Such royalty suspension volume shall be applied to any eligible production occurring on or after the date of publication of the advanced notice of proposed rulemaking.
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(4) The Secretary may place limitations on royalty relief granted under this section based on market price.
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(1) The Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005, and complete the rulemaking implementing this section within 365 days after August 8, 2005.
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(e) Not later than 365 days after August 8, 2005, the Secretary, in consultation with the Secretary of Energy, shall carry out a review of, and submit to Congress a report on, further opportunities to enhance production of natural gas from gas hydrate resources on the outer Continental Shelf and on Federal lands in Alaska through the provision of other production incentives or through technical or financial assistance.
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(2) The Secretary shall publish the advanced notice of proposed rulemaking within 180 days after August 8, 2005, and complete the rulemaking implementing this section within 365 days after August 8, 2005.
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(C) the Secretary determines that the lease contains oil or gas that would not likely be produced without the royalty reduction provided under this section.
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(5) The Secretary may place limitations on the royalty reduction granted under this section based on market price.
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(A) The Secretary of Energy shall issue requirements relating to applications for grants under paragraph (1).
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(C) At a minimum, the Secretary shall require under subparagraph (A) that an application for a grant include—(i) a description of the project proposed in the application;(ii) an estimate of the production increase and the duration of the production increase from the project, as compared to conventional recovery techniques, including water flooding;(iv) a plan to collect and disseminate data relating to each project to be funded by the grant;(v) a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant;(vi) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project;(vii) a description of which costs of the project will be supported by Federal assistance under this section; and(viii) a description of any secondary or tertiary recovery efforts in the field and the efficacy of water flood recovery techniques used.
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(4) In evaluating applications under this subsection, the Secretary of Energy shall—(A) consider the previous experience with similar projects of each applicant; and(B) give priority consideration to applications that—(i) are most likely to maximize production of oil and gas in a cost-effective manner;(ii) sequester significant quantities of carbon dioxide from anthropogenic sources;(iii) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this section is completed; and(iv) minimize any adverse environmental effects from the project.
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(A) The Secretary of Energy shall not provide more than $3,000,000 in Federal assistance under this subsection to any applicant.
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(B) The Secretary of Energy shall require cost-sharing under this subsection in accordance with section 16352 of this title.
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(ii) The Secretary shall not provide grant funds to any applicant under this subsection for a period of more than 5 years.
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(6) The Secretary of Energy shall establish mechanisms to ensure that the information and knowledge gained by participants in the program under this subsection are transferred among other participants and interested persons, including other applicants that submitted applications for a grant under this subsection.
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(C) After the date by which applications for grants are required to be submitted under subparagraph (B), the Secretary of Energy, in a timely manner, shall select, after peer review and based on the criteria under paragraph (4), those projects to be awarded a grant under this subsection.
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(d) The Secretary of the Interior, acting through the Bureau of Land Management, shall maintain records on, and an inventory of, the quantity of carbon dioxide stored within Federal mineral leaseholds.
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(a) The Secretary shall conduct an inventory and analysis of oil and natural gas resources beneath all of the waters of the United States Outer Continental Shelf (“OCS”). The inventory and analysis shall—(1) use available data on oil and gas resources in areas offshore of Mexico and Canada that will provide information on trends of oil and gas accumulation in areas of the OCS;(2) use any available technology, except drilling, but including 3–D seismic technology to obtain accurate resource estimates;(3) analyze how resource estimates in OCS areas have changed over time in regards to gathering geological and geophysical data, initial exploration, or full field development, including areas such as the deepwater and subsalt areas in the Gulf of Mexico;(4) estimate the effect that understated oil and gas resource inventories have on domestic energy investments; and(5) identify and explain how legislative, regulatory, and administrative programs or processes restrict or impede the development of identified resources and the extent that they affect domestic supply, such as moratoria, lease terms and conditions, operational stipulations and requirements, approval delays by the Federal Government and coastal States, and local zoning restrictions for onshore processing facilities and pipeline landings.
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(b) The Secretary shall submit a report to Congress on the inventory of estimates and the analysis of restrictions or impediments, together with any recommendations, within 6 months of August 8, 2005. The report shall be publicly available and updated at least every 5 years.
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(1) To ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the “Secretary”) shall—(A) ensure expeditious compliance with section 4332(2)(C) of this title and any other applicable environmental and cultural resources laws;(B) improve consultation and coordination with the States and the public; and(C) improve the collection, storage, and retrieval of information relating to the oil and gas leasing activities.
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(2) To ensure timely action on oil and gas lease applications for permits to drill on land otherwise available for leasing, the Secretary of Agriculture shall—(A) ensure expeditious compliance with all applicable environmental and cultural resources laws; and(B) improve the collection, storage, and retrieval of information relating to the oil and gas leasing activities.
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(1) Not later than 18 months after August 8, 2005, the Secretary shall develop and implement best management practices to—(A) improve the administration of the onshore oil and gas leasing program under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and(B) ensure timely action on oil and gas leases and applications for permits to drill on land otherwise available for leasing.
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(2) In developing the best management practices under paragraph (1), the Secretary shall consider any recommendations from the review under section 361.1
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(3) Not later than 180 days after the development of the best management practices under paragraph (1), the Secretary shall publish, for public comment, proposed regulations that set forth specific timeframes for processing leases and applications in accordance with the best management practices, including deadlines for—(A) approving or disapproving—(i) resource management plans and related documents;(ii) lease applications;(iii) applications for permits to drill; and(iv) surface use plans; and(B) related administrative appeals.
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(d) In addition to amounts made available to carry out activities relating to oil and gas leasing on public land administered by the Secretary and National Forest System land administered by the Secretary of Agriculture, there are authorized to be appropriated for each of fiscal years 2006 through 2010—(B) $20,000,000 to carry out subsection (c);(2) to the Secretary, acting through the Director of the United States Fish and Wildlife Service, $5,000,000 to carry out subsection (a)(1); and
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(B) $20,000,000 to carry out subsection (c);
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(2) to the Secretary, acting through the Director of the United States Fish and Wildlife Service, $5,000,000 to carry out subsection (a)(1); and
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(a) Not later than 180 days after August 8, 2005, the Secretary of the Interior and the Secretary of Agriculture shall enter into a memorandum of understanding regarding oil and gas leasing on—(1) public land under the jurisdiction of the Secretary of the Interior; and(2) National Forest System land under the jurisdiction of the Secretary of Agriculture.
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(1) public land under the jurisdiction of the Secretary of the Interior; and
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(2) National Forest System land under the jurisdiction of the Secretary of Agriculture.
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The Secretary of the Interior shall use the same assessment methodology across all geological provinces, areas, and regions in preparing and issuing national geological assessments to ensure accurate comparisons of geological resources.
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(1) Not later than 90 days after August 8, 2005, the Secretary shall enter into a memorandum of understanding for purposes of this section with—(A) the Secretary of Agriculture;(B) the Administrator of the Environmental Protection Agency; and(C) the Chief of Engineers.
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(A) the Secretary of Agriculture;
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(e) Not later than February 1 of the first fiscal year beginning after the date of enactment of the National Defense Authorization Act for Fiscal Year 2015 and each February 1 thereafter, the Secretary shall report to the Chairman and ranking minority Member of the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, which shall include—(1) the allocation of funds to each Project office for the previous fiscal year; and(2) the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year.
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(f) The Secretary shall assign to each field office identified in subsection (d) any additional personnel that are necessary to ensure the effective implementation of—(1) the Project; and(2) other programs administered by the field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
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(h) For the purposes of coordination and processing of oil and gas use authorizations on Federal land under the administration of the Project offices identified in subsection (d), the Secretary may authorize the expenditure or transfer of such funds as are necessary to—(1) the United States Fish and Wildlife Service;(2) the Bureau of Indian Affairs;(3) the Forest Service;(4) the Environmental Protection Agency;(5) the Corps of Engineers; and
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(2) the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) on National Forest System land.
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(a) Not later than 2 years after August 8, 2005, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior (in this section referred to collectively as “the Secretaries”), in consultation with the Federal Energy Regulatory Commission, States, tribal or local units of governments as appropriate, affected utility industries, and other interested persons, shall consult with each other and shall—(1) designate, under their respective authorities, corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in the eleven contiguous Western States (as defined in section 1702(o) of title 43;1(2) perform any environmental reviews that may be required to complete the designation of such corridors; and(3) incorporate the designated corridors into the relevant agency land use and resource management plans or equivalent plans.
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(b) Not later than 4 years after August 8, 2005, the Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested persons, shall jointly—(1) identify corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in States other than those described in subsection (a); and(2) schedule prompt action to identify, designate, and incorporate the corridors into the applicable land use plans.
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(c) The Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested parties, shall establish procedures under their respective authorities that—(1) ensure that additional corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land are promptly identified and designated as necessary; and(2) expedite applications to construct or modify oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities within such corridors, taking into account prior analyses and environmental reviews undertaken during the designation of such corridors.
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(d) In carrying out this section, the Secretaries shall take into account the need for upgraded and new electricity transmission and distribution facilities to—(1) improve reliability;(2) relieve congestion; and(3) enhance the capability of the national grid to deliver electricity.
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(c) In accordance with section 241 of title 30 and any other applicable law, except as provided in this section, not later than 180 days after August 8, 2005, from land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the “Secretary”) shall make available for leasing such land as the Secretary considers to be necessary to conduct research and development activities with respect to technologies for the recovery of liquid fuels from oil shale and tar sands resources on public lands. Prospective public lands within each of the States of Colorado, Utah, and Wyoming shall be made available for such research and development leasing.
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(1) Not later than 18 months after August 8, 2005, in accordance with section 4332(2)(C) of this title, the Secretary shall complete a programmatic environmental impact statement for a commercial leasing program for oil shale and tar sands resources on public lands, with an emphasis on the most geologically prospective lands within each of the States of Colorado, Utah, and Wyoming.
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(2) Not later than 6 months after the completion of the programmatic environmental impact statement under this subsection, the Secretary shall publish a final regulation establishing such program.
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(e) Not later than 180 days after publication of the final regulation required by subsection (d), the Secretary shall consult with the Governors of States with significant oil shale and tar sands resources on public lands, representatives of local governments in such States, interested Indian tribes, and other interested persons, to determine the level of support and interest in the States in the development of tar sands and oil shale resources. If the Secretary finds sufficient support and interest exists in a State, the Secretary may conduct a lease sale in that State under the commercial leasing program regulations. Evidence of interest in a lease sale under this subsection shall include, but not be limited to, appropriate areas nominated for leasing by potential lessees and other interested parties.
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(f) The Secretary shall, by regulation, designate work requirements and milestones to ensure the diligent development of the lease.
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(g) Within 90 days after August 8, 2005, the Secretary of the Interior shall report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on—(1) the interim actions necessary to—(A) develop the program, complete the programmatic environmental impact statement, and promulgate the final regulation as required by subsection (d); and(B) conduct the first lease sales under the program as required by subsection (e); and(2) a schedule to complete such actions within the time limits mandated by this section.
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(1) The Secretary of Energy, in cooperation with the Secretary of the Interior and the Secretary of Defense, shall establish a task force to develop a program to coordinate and accelerate the commercial development of strategic unconventional fuels, including but not limited to oil shale and tar sands resources within the United States, in an integrated manner.
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(B) The Secretary shall provide an annual report describing the progress in developing the strategic unconventional fuels resources within the United States for each of the 5 years following submission of the report provided for in subparagraph (A).
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(1) Upon written request of a prospective applicant for Federal authorization to develop a proposed oil shale or tar sands project, the Department of the Interior shall act as the lead Federal agency for the purposes of coordinating all applicable Federal authorizations and environmental reviews. To the maximum extent practicable under applicable Federal law, the Secretary shall coordinate this Federal authorization and review process with any Indian tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews.
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(2) Not later than 6 months after August 8, 2005, the Secretary shall issue any regulations necessary to implement this subsection.
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(1) The Secretary of Energy shall identify technologies for the development of oil shale and tar sands that—(A) are ready for demonstration at a commercially-representative scale; and(B) have a high probability of leading to commercial production.
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(2) For each technology identified under paragraph (1), the Secretary of Energy may provide—(A) technical assistance;(B) assistance in meeting environmental and regulatory requirements; and(C) cost-sharing assistance.
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(A) The Secretary shall carry out a national assessment of oil shale and tar sands resources for the purposes of evaluating and mapping oil shale and tar sands deposits, in the geographic areas described in subparagraph (B). In conducting such an assessment, the Secretary shall make use of the extensive geological assessment work for oil shale and tar sands already conducted by the United States Geological Survey.
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(B) The geographic areas referred to in subparagraph (A), listed in the order in which the Secretary shall assign priority, are—(i) the Green River Region of the States of Colorado, Utah, and Wyoming;(ii) the Devonian oil shales and other hydrocarbon-bearing rocks having the nomenclature of “shale” located east of the Mississippi River; and
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(2) In carrying out the assessment under paragraph (1), the Secretary may request assistance from any State-administered geological survey or university.
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(2) The Secretary shall identify public lands containing deposits of oil shale or tar sands within the Green River, Piceance Creek, Uintah, and Washakie geologic basins, and shall give priority to implementing land exchanges within those basins. The Secretary shall consider the geology of the respective basin in determining the optimum size of the lands to be consolidated.
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(o) The Secretary shall establish royalties, fees, rentals, bonus, or other payments for leases under this section that shall—(1) encourage development of the oil shale and tar sands resource; and(2) ensure a fair return to the United States.
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(p) The Secretary of Energy shall update the 1987 technical and economic assessment of domestic heavy oil resources that was prepared by the Interstate Oil and Gas Compact Commission. Such an update should include all of North America and cover all unconventional oil, including heavy oil, tar sands (oil sands), and oil shale.
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(1) Not later than 6 months after August 8, 2005, the Secretary of Energy, in consultation with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Defense with respect to lands under their respective jurisdictions, shall enter into a memorandum of understanding to coordinate all applicable Federal authorizations and environmental reviews relating to a proposed or existing utility facility. To the maximum extent practicable under applicable law, the Secretary of Energy shall, to ensure timely review and permit decisions, coordinate such authorizations and reviews with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the affected utility facility.
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(A) Not later than 1 year after August 8, 2005, and every 2 years thereafter, agencies that are signatories to the document referred to in paragraph (1) shall transmit to Congress a report on how the agencies under the jurisdiction of the Secretaries are incorporating and implementing the provisions of the document referred to in paragraph (1).
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(a) Action by the Secretary of the Interior in managing the public lands, or the Secretary of Agriculture in managing National Forest System Lands, with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] (NEPA) would apply if the activity is conducted pursuant to the Mineral Leasing Act [30 U.S.C. 181 et seq.] for the purpose of exploration or development of oil or gas.
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(1) Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on November 15, 2021)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gathering line and associated field compression or pumping unit—(A) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity;(B) are located adjacent to or within—(i) any existing disturbed area; or(ii) an existing corridor for a right-of-way; and(C) would reduce—(i) in the case of a gathering line and associated field compression or pumping unit transporting methane, the total quantity of methane that would otherwise be vented, flared, or unintentionally emitted from the field or unit; or(ii) in the case of a gathering line and associated field compression or pumping unit not transporting methane, the vehicular traffic that would otherwise service the field or unit.
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(B) for which the Indian Tribe with jurisdiction over the Indian land submits to the Secretary a written request that paragraph (1) apply to that Indian land (or portion of Indian land).
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(a) There are authorized to be appropriated to the Secretary to carry out the activities authorized by this part $200,000,000 for each of fiscal years 2006 through 2014, to remain available until expended.
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(b) The Secretary shall submit to Congress the report required by this subsection not later than March 31, 2007. The report shall include, with respect to subsection (a), a plan containing—(1) a detailed assessment of whether the aggregate funding levels provided under subsection (a) are the appropriate funding levels for that program;(2) a detailed description of how proposals will be solicited and evaluated, including a list of all activities expected to be undertaken;(3) a detailed list of technical milestones for each coal and related technology that will be pursued; and(4) a detailed description of how the program will avoid problems enumerated in Government Accountability Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially or scientifically.
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(a) To be eligible to receive assistance under this part, a project shall advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or have been demonstrated on a scale that the Secretary determines is sufficient to demonstrate that commercial service is viable as of August 8, 2005.
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(A) In allocating the funds made available under section 15961(a) of this title, the Secretary shall ensure that at least 70 percent of the funds are used only to fund projects on coal-based gasification technologies, including—(i) gasification combined cycle;(ii) gasification fuel cells and turbine combined cycle;(iii) gasification coproduction;(iv) hybrid gasification and combustion; and(v) other advanced coal based technologies capable of producing a concentrated stream of carbon dioxide.
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(ii) The Secretary shall establish the periodic milestones so as to achieve by the year 2020 coal gasification projects able—(aa) to remove at least 99 percent of sulfur dioxide; or(bb) to emit not more than 0.04 pound SO2 per million Btu, based on a 30-day average;(II) to emit not more than .05 lbs of NOx per million Btu;(III) to achieve at least 95 percent reductions in mercury emissions; and(IV) to achieve a thermal efficiency of at least—(aa) 50 percent for coal of more than 9,000 Btu;(bb) 48 percent for coal of 7,000 to 9,000 Btu; and(cc) 46 percent for coal of less than 7,000 Btu.
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(A) The Secretary shall ensure that up to 30 percent of the funds made available under section 15961(a) of this title are used to fund projects other than those described in paragraph (1).
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(ii) The Secretary shall set the periodic milestones so as to achieve by the year 2020 projects able—(I) to remove at least 97 percent of sulfur dioxide;(II) to emit no more than .08 lbs of NOx per million Btu;(III) to achieve at least 90 percent reductions in mercury emissions; and(IV) to achieve a thermal efficiency of at least—(aa) 43 percent for coal of more than 9,000 Btu;(bb) 41 percent for coal of 7,000 to 9,000 Btu; and(cc) 39 percent for coal of less than 7,000 Btu.
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(3) Before setting the technical milestones under paragraphs (1)(B) and (2)(B), the Secretary shall consult with—(A) the Administrator of the Environmental Protection Agency; and(B) interested entities, including—(i) coal producers;(ii) industries using coal;(iii) organizations that promote coal or advanced coal technologies;(iv) environmental organizations;(v) organizations representing workers; and(vi) organizations representing consumers.
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(A) In evaluating project proposals to achieve thermal efficiency levels established under paragraphs (1)(B)(i) and (2)(B)(i) and in determining progress towards thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Secretary shall take into account and make adjustments for the elevation of the site at which a project is proposed to be constructed.
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(c) The Secretary shall not provide financial assistance under this part for a project unless the recipient documents to the satisfaction of the Secretary that—(1) the recipient is financially responsible;(2) the recipient will provide sufficient information to the Secretary to enable the Secretary to ensure that the funds are spent efficiently and effectively; and(3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology.
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(d) The Secretary shall provide financial assistance to projects that, as determined by the Secretary—(2) are likely—(A) to achieve overall cost reductions in the use of coal to generate useful forms of energy or chemical feedstocks;(B) to improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; and(C) to demonstrate methods and equipment that are applicable to 25 percent of the electricity generating facilities, using various types of coal, that use coal as the primary feedstock as of August 8, 2005.
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(e) In carrying out this part, the Secretary shall require cost sharing in accordance with section 16352 of this title.
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(2) The Secretary shall require as a condition of receipt of any financial assistance under this part that the recipient of the assistance enter into an agreement with the Secretary not to request an extension of the time period established for the project by the Secretary under paragraph (1).
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(A) Subject to subparagraph (B), the Secretary may extend the time period established under paragraph (1) if the Secretary determines, in the sole discretion of the Secretary, that the owner or operator of the project cannot complete the construction or demonstration phase of the project within the time period due to circumstances beyond the control of the owner or operator.
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(B) The Secretary shall not extend a time period under subparagraph (A) by more than 4 years.
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(g) The Secretary may vest fee title or other property interests acquired under cost-share clean coal power initiative agreements under this part in any entity, including the United States.
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(h) For a period not exceeding 5 years after completion of the operations phase of a cooperative agreement, the Secretary may provide appropriate protections (including exemptions from subchapter II of chapter 5 of title 5) against the dissemination of information that—(1) results from demonstration activities carried out under the clean coal power initiative program; and(2) would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from and first produced by a non-Federal party participating in a clean coal power initiative project.
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(a) As part of the clean coal power initiative, the Secretary shall award competitive, merit-based grants to institutions of higher education for the establishment of centers of excellence for energy systems of the future.
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(b) The Secretary shall award grants under this section to institutions of higher education that show the greatest potential for advancing new clean coal technologies.
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If a Clean Coal Power Initiative project selected after March 11, 2009, for negotiation under this or any other Act in any fiscal year, is not awarded within 2 years from the date the application was selected, negotiations shall cease and the Federal funds committed to the application shall be retained by the Department for future coal-related research, development and demonstration projects, except that the time limit may be extended at the Secretary’s discretion for matters outside the control of the applicant, or if the Secretary determines that extension of the time limit is in the public interest.
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(a) Subject to the availability of appropriations, the Secretary may provide loan guarantees for a project to produce energy from coal of less than 7,000 Btu/lb. using appropriate advanced integrated gasification combined cycle technology, including repowering of existing facilities, that—(1) is combined with wind and other renewable sources;(2) minimizes and offers the potential to sequester carbon dioxide emissions; and(3) provides a ready source of hydrogen for near-site fuel cell demonstrations.
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(b) Subject to subsection (c), the Secretary shall use amounts made available under subsection (e) to provide the cost of a direct loan to the borrower for purposes of placing the clean coal technology plant into reliable operation for the generation of electricity.
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(2) Before providing the direct loan to the borrower under subsection (b), the Secretary shall determine that—(A) the plan of the borrower for placing the clean coal technology plant in reliable operation has a reasonable prospect of success;(B) the amount of the loan (when combined with amounts available to the borrower from other sources) will be sufficient to carry out the project; and(C) there is a reasonable prospect that the borrower will repay the principal and interest on the loan.
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(3) The direct loan provided under subsection (b) shall bear interest at a rate and for a term that the Secretary determines appropriate, after consultation with the Secretary of the Treasury, taking into account the needs and capacities of the borrower and the prevailing rate of interest for similar loans made by public and private lenders.
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(d) The Secretary shall retain any payments of principal and interest on the direct loan provided under subsection (b) to support energy research and development activities, to remain available until expended, subject to any other conditions in an applicable appropriations Act.
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The Secretary is authorized to provide loan guarantees for a project to produce energy from a plant using integrated gasification combined cycle technology of at least 400 megawatts in capacity that produces power at competitive rates in deregulated energy generation markets and that does not receive any subsidy (direct or indirect) from ratepayers.
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The Secretary is authorized to provide loan guarantees for at least 5 petroleum coke gasification projects.
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(a) The Secretary shall carry out a program to evaluate the commercial and technical viability of advanced technologies for the production of Fischer-Tropsch transportation fuels, and other transportation fuels, manufactured from Illinois basin coal, including the capital modification of existing facilities and the construction of testing facilities under subsection (b).
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(b) For the purpose of evaluating the commercial and technical viability of different processes for producing Fischer-Tropsch transportation fuels, and other transportation fuels, from Illinois basin coal, the Secretary shall support the use and capital modification of existing facilities and the construction of new facilities at—(1) Southern Illinois University Coal Research Center;(2) University of Kentucky Center for Applied Energy Research; and(3) Energy Center at Purdue University.
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(c) In conjunction with the activities described in subsections (a) and (b), the Secretary shall construct a test center to evaluate and confirm liquid and gas products from syngas catalysis in order that the system has an output of at least 500 gallons of Fischer-Tropsch transportation fuel per day in a 24-hour operation.
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(1) Not later than 180 days after August 8, 2005, the Secretary shall select processes for evaluating the commercial and technical viability of different processes of producing Fischer-Tropsch transportation fuels, and other transportation fuels, from Illinois basin coal.
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(2) Not later than 1 year after August 8, 2005, the Secretary shall offer to enter into agreements—(A) to carry out the activities described in this section, at the facilities described in subsection (b); and(B) for the capital modifications or construction of the facilities at the locations described in subsection (b).
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(3) Not later than 3 years after August 8, 2005, the Secretary shall begin, at the facilities described in subsection (b), evaluation of the technical and commercial viability of different processes of producing Fischer-Tropsch transportation fuels, and other transportation fuels, from Illinois basin coal.
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(A) The Secretary shall construct the facilities described in subsection (b) at the lowest cost practicable.
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(B) The Secretary may make grants or enter into agreements or contracts with the institutions of higher education described in subsection (b).
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(1) The Secretary of the Interior, in consultation with the Secretary of Agriculture and the Secretary, shall review coal assessments and other available data to identify—(A) Federal lands with coal resources that are available for development;(B) the extent and nature of any restrictions on the development of coal resources on Federal lands identified under paragraph (1); and(C) with respect to areas of such lands for which sufficient data exists, resources of compliant coal and supercompliant coal.
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(b) The Secretary—(1) shall complete the inventory under subsection (a) by not later than 2 years after August 8, 2005; and(2) shall update the inventory as the availability of data and developments in technology warrant.
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(c) The Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate and make publicly available—(1) a report containing the inventory under this section, by not later than 2 years after the effective date of this section; and(2) each update of such inventory.
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The Secretary of Housing and Urban Development shall promote energy conservation in housing that is located on Indian land and assisted with Federal resources through—
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(3) the use and implementation of such other similar technologies and innovations as the Secretary of Housing and Urban Development considers to be appropriate.
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(b) Prior to making an award under subsection (a), the Secretary shall determine whether the use of existing nuclear power plants is a cost-effective means of producing hydrogen.
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(c) There are authorized to be appropriated to the Secretary for the purposes of carrying out this section not more than $100,000,000.
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(a) Notwithstanding any other provision of law, no officer of the United States or of any department, agency, or instrumentality of the United States Government may enter into any contract or other arrangement, or into any amendment or modification of a contract or other arrangement, the purpose or effect of which would be to directly or indirectly impose liability on the United States Government, or any department, agency, or instrumentality of the United States Government, or to otherwise directly or indirectly require an indemnity by the United States Government, for nuclear incidents occurring in connection with the design, construction, or operation of a production facility or utilization facility in any country whose government has been identified by the Secretary of State as engaged in state sponsorship of terrorist activities (specifically including any country the government of which, as of September 11, 2001, had been determined by the Secretary of State under section 2371(a) of title 22, section 4605(j)(1)1 of title 50, or section 2780(d) of title 22 to have repeatedly provided support for acts of international terrorism). This section shall not apply to nuclear incidents occurring as a result of missions, carried out under the direction of the Secretary, the Secretary of Defense, or the Secretary of State, that are necessary to safely secure, store, transport, or remove nuclear materials for nuclear safety or nonproliferation purposes.
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(1) The Secretary may enter into contracts under this section with sponsors of an advanced nuclear facility that cover a total of 6 reactors, with the 6 reactors consisting of not more than 3 different reactor designs, in accordance with paragraph (2).
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(i) in the Standby Support Program Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract or a combination of appropriated funds and loan guarantee fees that are in an amount sufficient to cover the loan costs described in subsection (d)(5)(A); and(ii) in the Standby Support Grant Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract, paid to the Secretary by the sponsor of the advanced nuclear facility, or a combination of appropriations and payments that are in an amount sufficient1 cover the costs described in subparagraphs (B), (C), and (D) of subsection (d)(5).
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(i) in the Standby Support Program Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract or a combination of appropriated funds and loan guarantee fees that are in an amount sufficient to cover the loan costs described in subsection (d)(5)(A); and
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(ii) in the Standby Support Grant Account established under subparagraph (B), funds appropriated to the Secretary in advance of the contract, paid to the Secretary by the sponsor of the advanced nuclear facility, or a combination of appropriations and payments that are in an amount sufficient1 cover the costs described in subparagraphs (B), (C), and (D) of subsection (d)(5).
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(1) Under each contract authorized by this section, the Secretary shall pay the costs specified in subsection (d), using funds appropriated or collected for the covered costs, if full power operation of the advanced nuclear facility is delayed by—(A) the failure of the Commission to comply with schedules for review and approval of inspections, tests, analyses, and acceptance criteria established under the combined license or the conduct of preoperational hearings by the Commission for the advanced nuclear facility; or(B) litigation that delays the commencement of full-power operations of the advanced nuclear facility.
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(2) In the case of the first 2 reactors that receive combined licenses and on which construction is commenced, the Secretary shall pay—(A) 100 percent of the covered costs of delay; but(B) not more than $500,000,000 per contract.
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(3) In the case of the next 4 reactors that receive a combined license and on which construction is commenced, the Secretary shall pay—(A) 50 percent of the covered costs of delay that occur after the initial 180-day period of covered delay; but(B) not more than $250,000,000 per contract.
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(A) The obligation of the Secretary to pay the covered costs described in subparagraph (B) of paragraph (5) is subject to the Secretary receiving from appropriations or payments from other non-Federal sources amounts sufficient to pay the covered costs.
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(B) The Secretary may receive and accept payments from any non-Federal source, which shall be made available without further appropriation for the payment of the covered costs.
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(e) Any contract between a sponsor and the Secretary covering an advanced nuclear facility under this section shall require the sponsor to use due diligence to shorten, and to end, the delay covered by the contract.
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(f) For each advanced nuclear facility that is covered by a contract under this section, the Commission shall submit to Congress and the Secretary quarterly reports summarizing the status of licensing actions associated with the advanced nuclear facility.
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(2) Not later than 270 days after August 8, 2005, the Secretary shall issue for public comment an interim final rule regulating contracts authorized by this section.
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(3) Not later than 1 year after August 8, 2005, the Secretary shall issue a notice of final rulemaking regulating the contracts.
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(3) The Secretary may utilize capabilities for review of construction projects for advanced scientific facilities within the Office of Science to track the progress of the Project.
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(1) The Secretary shall ensure that the Project is structured so as to maximize the technical interchange and transfer of technologies and ideas into the Project from other sources of relevant expertise, including—(A) the nuclear power industry, including nuclear powerplant construction firms, particularly with respect to issues associated with plant design, construction, and operational and safety issues;(B) the chemical processing industry, particularly with respect to issues relating to—(i) the use of process energy for production of hydrogen; and(ii) the integration of technologies developed by the Project into chemical processing environments; and(C) international efforts in areas related to the Project, particularly with respect to hydrogen production technologies.
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(B) The Secretary, through the Idaho National Laboratory, may contract for assistance from specialists or facilities from member countries of the Generation IV International Forum, the Russian Federation, or other international partners if the specialists or facilities provide access to cost-effective and relevant skills or test capabilities.
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(D) On a determination by the Secretary that the appropriate activities under the first project phase under subsection (b)(1) are nearly complete, the Secretary shall request the NERAC to conduct a comprehensive review of the Project and to report to the Secretary the recommendation of the NERAC concerning whether the Project is ready to proceed to the second project phase under subsection (b)(2).
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(E) Not later than 60 days after receiving any report from the NERAC related to the Project, the Secretary shall submit to the appropriate committees of the Senate and the House of Representatives a copy of the report, along with any additional views of the Secretary that the Secretary may consider appropriate.
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(b) Not later than 3 years after August 8, 2005, the Secretary and the Chairman of the Nuclear Regulatory Commission shall jointly submit to the appropriate committees of the Senate and the House of Representatives a licensing strategy for the prototype nuclear reactor, including—(1) a description of ways in which current licensing requirements relating to light-water reactors need to be adapted for the types of prototype nuclear reactor being considered by the Project;(2) a description of analytical tools that the Nuclear Regulatory Commission will have to develop to independently verify designs and performance characteristics of components, equipment, systems, or structures associated with the prototype nuclear reactor;(3) other research or development activities that may be required on the part of the Nuclear Regulatory Commission in order to review a license application for the prototype nuclear reactor; and(4) an estimate of the budgetary requirements associated with the licensing strategy.
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(c) The Secretary shall seek the active participation of the Nuclear Regulatory Commission throughout the duration of the Project to—(1) avoid design decisions that will compromise adequate safety margins in the design of the reactor or impair the accessibility of nuclear safety-related components of the prototype reactor for inspection and maintenance;(2) develop tools to facilitate inspection and maintenance needed for safety purposes; and(3) develop risk-based criteria for any future commercial development of a similar reactor architectures.
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(a) Not later than September 30, 2011, the Secretary shall—(1) select the technology to be used by the Project for high-temperature hydrogen production and the initial design parameters for the prototype nuclear plant; or(2) submit to Congress a report establishing an alternative date for making the selection.
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(1) The Secretary, acting through the Idaho National Laboratory, shall fund not more than 4 teams for not more than 2 years to develop detailed proposals for competitive evaluation and selection of a single proposal for a final design of the prototype nuclear reactor.
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(2) The Secretary may structure Project activities in the second project phase to use the lead industrial partner of the competitively selected design under paragraph (1) in a systems integration role for final design and construction of the Project.
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(c) Not later than September 30, 2021, the Secretary shall—(1) complete construction and begin operations of the prototype nuclear reactor and associated energy or hydrogen facilities; or(2) submit to Congress a report establishing an alternative date for completion.
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(d) There is authorized to be appropriated to the Secretary for research and construction activities under this part (including for transfer to the Nuclear Regulatory Commission for activities under section 16024 of this title as appropriate)—(1) $1,250,000,000 for the period of fiscal years 2006 through 2015; and(2) such sums as are necessary for each of fiscal years 2016 through 2021.
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(b) The Secretary shall establish a program to improve technologies for the commercialization of—(1) a combination hybrid/flexible fuel vehicle; or(2) a plug-in hybrid/flexible fuel vehicle.
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(c) In carrying out the program, the Secretary shall provide grants that give preference to proposals that—(1) achieve the greatest reduction in miles per gallon of petroleum fuel consumption;(2) achieve not less than 250 miles per gallon of petroleum fuel consumption; and(3) have the greatest potential of commercialization to the general public within 5 years.
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(d) Not later than 90 days after August 8, 2005, the Secretary shall publish in the Federal Register procedures to verify—(1) the hybrid/flexible fuel vehicle technologies to be demonstrated; and(2) that grants are administered in accordance with this section.
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(e) Not later than 260 days after August 8, 2005, and annually thereafter, the Secretary shall submit to Congress a report that—(1) identifies the grant recipients;(2) describes the technologies to be funded under the program;(3) assesses the feasibility of the technologies described in paragraph (2) in meeting the goals described in subsection (c);(4) identifies applications submitted for the program that were not funded; and(5) makes recommendations for Federal legislation to achieve commercialization of the technology demonstrated.
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The Secretary shall accelerate efforts directed toward the improvement of batteries and other rechargeable energy storage systems, power electronics, hybrid systems integration, and other technologies for use in hybrid vehicles.
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(1) The Secretary shall establish a program to encourage domestic production and sales of efficient hybrid and advanced diesel vehicles and components of those vehicles.
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(c) There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.
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(a) The Secretary, in consultation with the Secretary of Transportation, shall establish a competitive grant pilot program (referred to in this subpart as the “pilot program”), to be administered through the Clean Cities Program of the Department, to provide not more than 30 geographically dispersed project grants to State governments, local governments, or metropolitan transportation authorities to carry out a project or projects for the purposes described in subsection (b).
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(A) The Secretary shall issue requirements for applying for grants under the pilot program.
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(B) At a minimum, the Secretary shall require that an application for a grant—(i) be submitted by the head of a State or local government or a metropolitan transportation authority, or any combination thereof, and a registered participant in the Clean Cities Program of the Department; and(ii) include—(I) a description of the project proposed in the application, including how the project meets the requirements of this subpart;(II) an estimate of the ridership or degree of use of the project;(III) an estimate of the air pollution emissions reduced and fossil fuel displaced as a result of the project, and a plan to collect and disseminate environmental data, related to the project to be funded under the grant, over the life of the project;(IV) a description of how the project will be sustainable without Federal assistance after the completion of the term of the grant;(V) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project;(VI) a description of which costs of the project will be supported by Federal assistance under this subpart; and
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(d) In evaluating applications under the pilot program, the Secretary shall—(1) consider each applicant’s previous experience with similar projects; and(2) give priority consideration to applications that—(A) are most likely to maximize protection of the environment;(B) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this subpart is completed; and(C) exceed the minimum requirements of subsection (c)(1)(B)(ii).
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(1) The Secretary shall not provide more than $15,000,000 in Federal assistance under the pilot program to any applicant.
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(3) The Secretary shall not fund any applicant under the pilot program for more than 5 years.
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(5) The Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.
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(1) Not later than 90 days after August 8, 2005, the Secretary shall publish in the Federal Register, Commerce Business Daily, and elsewhere as appropriate, a request for applications to undertake projects under the pilot program. Applications shall be due not later than 180 days after the date of publication of the notice.
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(a) Not later than 60 days after the date on which grants are awarded under this subpart, the Secretary shall submit to Congress a report containing—(1) an identification of the grant recipients and a description of the projects to be funded;(2) an identification of other applicants that submitted applications for the pilot program; and(3) a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.
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(3) a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.
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(b) Not later than 3 years after August 8, 2005, and annually thereafter until the pilot program ends, the Secretary shall submit to Congress a report containing an evaluation of the effectiveness of the pilot program, including—(1) an assessment of the benefits to the environment derived from the projects included in the pilot program; and(2) an estimate of the potential benefits to the environment to be derived from widespread application of alternative fueled vehicles and ultra-low sulfur diesel vehicles.
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There are authorized to be appropriated to the Secretary to carry out this subpart $200,000,000, to remain available until expended.
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(a) The Secretary, in consultation with the Secretary of Transportation, shall establish a transit bus demonstration program to make competitive, merit-based awards for 5-year projects to demonstrate not more than 25 fuel cell transit buses (and necessary infrastructure) in 5 geographically dispersed localities.
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(c) There are authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2006 through 2010.
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(6) The term “high-need local educational agency” means a local educational agency (as defined in section 7801 of title 20) that is among the local educational agencies in the applicable State with high percentages of children counted under section 6333(c) of title 20, on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for a local educational agency for which no such data is available, such other data as the Secretary of Education determines to be satisfactory).
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(A) The Administrator, in consultation with the Secretary and other appropriate Federal departments and agencies, shall establish a program for awarding grants on a competitive basis to eligible recipients for the replacement of, retrofit (including repowering, aftertreatment, and remanufactured engines) of, or purchase of alternative fuels for, certain existing school buses. The awarding of grants for the purchase of alternative fuels should be consistent with the historic funding levels of the program for such purchase.
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(a) The Administrator, in consultation with the Secretary, shall establish a program for awarding grants on a competitive basis to public agencies and entities for fleet modernization programs including installation of retrofit technologies for diesel trucks.
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(c) Not later than 3 years after August 8, 2005, the Secretary shall transmit to Congress a report that—(1) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered school buses; and(2) assesses the results of the development and demonstration program under this section.
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(d) There are authorized to be appropriated to the Secretary to carry out this section $25,000,000 for the period of fiscal years 2006 through 2009.
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(a) The Secretary shall (in cooperation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency) establish a cost-shared, public-private research partnership involving the Federal Government, railroad carriers, locomotive manufacturers and equipment suppliers, and the Association of American Railroads, to develop and demonstrate railroad locomotive technologies that increase fuel economy, reduce emissions, and lower costs of operation.
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(b) There are authorized to be appropriated to the Secretary to carry out this section—(1) $15,000,000 for fiscal year 2006;(2) $20,000,000 for fiscal year 2007; and(3) $30,000,000 for fiscal year 2008.
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(c) The Secretary shall carry out subsection (b) with a view toward achieving the following goals:(1) Developing and demonstrating diesel technologies that, not later than 2010, meet the following standards:(A) Tier 2 emission standards.(B) The heavy-duty emissions standards of 2007 that are applicable to heavy-duty vehicles under regulations issued by the Administrator of the Environmental Protection Agency as of August 8, 2005.(2) Developing the next generation of low-emission, high efficiency diesel engine technologies, including homogeneous charge compression ignition technology.
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(1) Not later than 2 years after August 8, 2005, the Secretary shall enter into a contract with the National Academy of Sciences for, and the National Academy of Sciences shall conduct and submit to Congress a report on, a study on the feasibility of converting motor vehicle trips to bicycle trips.
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(e) There is authorized to be appropriated to the Secretary to carry out this section $6,200,000, to remain available until expended, of which—(1) $5,150,000 shall be used to carry out pilot projects described in subsection (c);(2) $300,000 shall be used by the Secretary to coordinate, publicize, and disseminate the results of the program; and(3) $750,000 shall be used to carry out subsection (d).
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(2) $300,000 shall be used by the Secretary to coordinate, publicize, and disseminate the results of the program; and
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(i) Not later than 90 days after August 8, 2005, the Administrator, in consultation with the Secretary of Transportation shall, through the Environmental Protection Agency’s SmartWay Transport Partnership, establish a program to support deployment of idle reduction and energy conservation technologies.
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(A) Not later than 90 days after August 8, 2005, the Administrator, in consultation with the Secretary of Transportation, shall commence a study to analyze all locations at which heavy-duty vehicles stop for long-duration idling, including—(i) truck stops;(ii) rest areas;(iii) border crossings;(iv) ports;(v) transfer facilities; and(vi) private terminals.
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(a) Not later that1 180 days after August 8, 2005, the Secretary shall initiate a partnership with diesel engine, diesel fuel injection system, and diesel vehicle manufacturers and diesel and biodiesel fuel providers, to include biodiesel testing in advanced diesel engine and fuel system technology.
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(c) Not later than 2 years after August 8, 2005, the Secretary shall provide an interim report to Congress on the findings of the program, including a comprehensive analysis of impacts from biodiesel on engine operation for both existing and expected future diesel technologies, and recommendations for ensuring optimal emissions reductions and engine performance with biodiesel.
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(a) The Secretary shall enter into a cooperative agreement with the National Aeronautics and Space Administration for the development of ultra-efficient engine technology for aircraft.
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(b) The Secretary shall establish the following performance objectives for the program set forth in subsection (a):(1) A fuel efficiency increase of at least 10 percent.(2) A reduction in the impact of landing and takeoff nitrogen oxides emissions on local air quality of 70 percent.(3) Exploring advanced concepts, alternate propulsion, and power configurations, including hybrid fuel cell powered systems.(4) Exploring the use of alternate fuel in conventional or nonconventional turbine-based systems.
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(c) There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for each of the fiscal years 2006, 2007, 2008, 2009, and 2010.
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(B) The Secretary may lease or purchase appropriate vehicles developed under subsections (a)(10) and (b)(1)(A) of section 16157 of this title to meet the requirement in subparagraph (A).
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(A) The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay to Federal agencies (or share the cost under interagency agreements) the difference in cost between—(i) the cost to the agencies of leasing or purchasing fuel cell vehicles and hydrogen energy systems under paragraph (1); and
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(B) In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—(i) a cost-effective purchase of a fuel cell vehicle or hydrogen energy system; or(ii) a cost-effective management structure of the lease of a fuel cell vehicle or hydrogen energy system.
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(A) If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable fuel cell vehicle or hydrogen energy system in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).
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(B) In making a determination under subparagraph (A), the Secretary shall consider—(i) the needs of the agency; and(ii) an evaluation performed by—(I) the Task Force; or(II) the Technical Advisory Committee.
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(A) Not later than December 31, 2006, the Secretary shall—(i) in cooperation with the Task Force, promulgate regulations for the period of 2008 through 2010 that extend and augment energy savings goals for each Federal agency, in accordance with any Executive order issued after March 2000; and(ii) promulgate regulations to expand the minimum Federal fleet requirement and credit allowances for fuel cell vehicle systems under section 13212 of this title.
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(B) Not later than December 31, 2010, the Secretary shall—(i) review the regulations promulgated under subparagraph (A);(ii) evaluate any progress made toward achieving energy savings by Federal agencies; and(iii) promulgate new regulations for the period of 2011 through 2015 to achieve additional energy savings by Federal agencies relating to technical and cost-performance standards.
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(1) The Secretary may establish a cooperative program with State agencies managing motor vehicle fleets to encourage purchase of fuel cell vehicles by the agencies.
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(2) In carrying out the cooperative program, the Secretary may offer incentive payments to a State agency to assist with the cost of planning, differential purchases, and administration.
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(A) The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under interagency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1).
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(B) In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—(i) a cost-effective purchase of a stationary, portable, or micro fuel cell; or(ii) a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell.
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(A) If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable stationary, portable, or micro fuel cell in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).
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(B) In making a determination under subparagraph (A), the Secretary shall consider—(i) the needs of the agency; and(ii) an evaluation performed by—(I) the Task Force; or(II) the Technical Advisory Committee of the Task Force.
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Not later than 6 months after August 8, 2005, the Secretary shall transmit to Congress a coordinated plan for the programs described in this subchapter and any other programs of the Department that are directly related to fuel cells or hydrogen. The plan shall describe, at a minimum—
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(a) The Secretary, in consultation with other Federal agencies and the private sector, shall conduct a crosscutting research and development program (referred to in this section as the “program”) on technologies relating to the production, processing, purification, distribution, storage, and use of hydrogen energy, fuel cells, and related infrastructure.
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(c) In carrying out activities under this section, the Secretary shall focus on factors that are common to the development of hydrogen infrastructure and the supply of vehicle and electric power for critical consumer and commercial applications, and that achieve continuous technical evolution and cost reduction, particularly for hydrogen production, the supply of hydrogen, storage of hydrogen, and end uses of hydrogen that—(1) steadily increase production, distribution, and end use efficiency and reduce life-cycle emissions;(2) resolve critical problems relating to catalysts, membranes, storage, lightweight materials, electronic controls, manufacturability, and other problems that emerge from the program;(3) enhance sources of fossil fuels with carbon capture, utilization, and sequestration, renewable fuels, biofuels, and nuclear energy for hydrogen production; and(4) enable widespread use of distributed electricity generation and storage.
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(d) In carrying out this section, the Secretary shall support enhanced public education and research conducted at institutions of higher education in fundamental sciences, application design, and systems concepts (including education and research relating to materials, subsystems, manufacturability, maintenance, and safety) relating to hydrogen and fuel cells.
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(e) In carrying out the program, the Secretary, in partnership with the private sector, shall conduct activities to advance and support—(1) the establishment of a series of technology cost goals oriented toward achieving the standard of clean hydrogen production developed under section 16166(a) of this title;(2) the production of clean hydrogen from diverse energy sources, including—(A) fossil fuels with carbon capture, utilization, and sequestration;(B) hydrogen-carrier fuels (including ethanol and methanol);(C) renewable energy resources, including biomass;(D) nuclear energy; and(E) any other methods the Secretary determines to be appropriate;(3) the use of clean hydrogen for commercial, industrial, and residential electric power generation;(4) the use of clean hydrogen in industrial applications, including steelmaking, cement, chemical feedstocks, and process heat;(5) the use of clean hydrogen for use as a fuel source for both residential and commercial comfort heating and hot water requirements;(A) transmission by pipelines, including retrofitting the existing natural gas transportation infrastructure system to enable a transition to transport and deliver increasing levels of clean hydrogen, clean hydrogen blends, or clean hydrogen carriers;(B) tanks and other distribution methods; and(C) convenient and economic refueling of vehicles, locomotives, maritime vessels, or planes—(i) at central refueling stations; or(ii) through distributed onsite generation;(7) advanced vehicle, locomotive, maritime vessel, or plane technologies, including—(A) engine and emission control systems;(B) energy storage, electric propulsion, and hybrid systems;(C) automotive, locomotive, maritime vessel, or plane materials; and(D) other advanced vehicle, locomotive, maritime vessel, or plane technologies;(8) storage of hydrogen or hydrogen-carrier fuels, including the development of materials for safe and economic storage in gaseous, liquid, or solid form;(9) the development of safe, durable, affordable, and efficient fuel cells, including fuel-flexible fuel cell power systems, improved manufacturing processes, high-temperature membranes, cost-effective fuel processing for natural gas, fuel cell stack and system reliability, low-temperature operation, and cold start capability;(10) the ability of domestic clean hydrogen equipment manufacturers to manufacture commercially available competitive technologies in the United States;(11) the use of clean hydrogen in the transportation sector, including in light-, medium-, and heavy-duty vehicles, rail transport, aviation, and maritime applications; and(12) in coordination with relevant agencies, the development of appropriate, uniform codes and standards for the safe and consistent deployment and commercialization of clean hydrogen production, processing, delivery, and end-use technologies.
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(E) any other methods the Secretary determines to be appropriate;
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(1) The Secretary shall carry out the programs under this section using a competitive, merit-based review process and consistent with the generally applicable Federal laws and regulations governing awards of financial assistance, contracts, or other agreements.
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(j) Not later than 180 days after November 15, 2021, the Secretary shall establish targets for the program to address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of clean hydrogen systems and technologies.
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(a) Not later than 120 days after August 8, 2005, the President shall establish an interagency task force chaired by the Secretary with representatives from each of the following:(1) The Office of Science and Technology Policy within the Executive Office of the President.(2) The Department of Transportation.(3) The Department of Defense.(4) The Department of Commerce (including the National Institute of Standards and Technology).(5) The Department of State.(6) The Environmental Protection Agency.(7) The National Aeronautics and Space Administration.
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(a) The Hydrogen Technical and Fuel Cell Advisory Committee is established to advise the Secretary on the programs and activities under this subchapter.
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(1) The Technical Advisory Committee shall be comprised of not fewer than 12 nor more than 25 members. The members shall be appointed by the Secretary to represent domestic industry, academia, professional societies, government agencies, Federal laboratories, previous advisory panels, and financial, environmental, and other appropriate organizations based on the Department’s assessment of the technical and other qualifications of Technical Advisory Committee members and the needs of the Technical Advisory Committee.
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(2) The term of a member of the Technical Advisory Committee shall not be more than 3 years. The Secretary may appoint members of the Technical Advisory Committee in a manner that allows the terms of the members serving at any time to expire at spaced intervals so as to ensure continuity in the functioning of the Technical Advisory Committee. A member of the Technical Advisory Committee whose term is expiring may be reappointed.
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(c) The Technical Advisory Committee shall review and make recommendations to the Secretary on—(1) the implementation of programs and activities under this subchapter;(2) the safety, economical, and environmental consequences of technologies for the production, distribution, delivery, storage, or use of hydrogen energy and fuel cells; and(3) the plan under section 16153 of this title.
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(1) The Secretary shall consider, but need not adopt, any recommendations of the Technical Advisory Committee under subsection (c).
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(2) The Secretary shall transmit a biennial report to Congress describing any recommendations made by the Technical Advisory Committee since the previous report. The report shall include a description of how the Secretary has implemented or plans to implement the recommendations, or an explanation of the reasons that a recommendation will not be implemented. The report shall be transmitted along with the President’s budget proposal.
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(e) The Secretary shall provide resources necessary in the judgment of the Secretary for the Technical Advisory Committee to carry out its responsibilities under this subchapter.
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(a) In carrying out the programs under this section, the Secretary shall fund a limited number of demonstration projects, consistent with this subchapter and a determination of the maturity, cost-effectiveness, and environmental impacts of technologies supporting each project. In selecting projects under this subsection, the Secretary shall, to the extent practicable and in the public interest, select projects that—(1) involve using hydrogen and related products at existing facilities or installations, such as existing office buildings, military bases, vehicle fleet centers, transit bus authorities, or units of the National Park System;(2) depend on reliable power from hydrogen to carry out essential activities;(3) lead to the replication of hydrogen technologies and draw such technologies into the marketplace;(4) include vehicle, portable, and stationary demonstrations of fuel cell and hydrogen-based energy technologies;(5) address the interdependency of demand for hydrogen fuel cell applications and hydrogen fuel infrastructure;(6) raise awareness of hydrogen technology among the public;(7) facilitate identification of an optimum technology among competing alternatives;(8) address distributed generation using renewable sources;(9) carry out demonstrations of evolving hydrogen and fuel cell technologies in national parks, remote island areas, and on Indian tribal land, as selected by the Secretary;(10) carry out a program to demonstrate developmental hydrogen and fuel cell systems for mobile, portable, and stationary uses, using improved versions of the learning demonstrations program concept of the Department including demonstrations involving—(A) light-duty vehicles;(B) heavy-duty vehicles;(C) fleet vehicles;(D) specialty industrial and farm vehicles; and(E) commercial and residential portable, continuous, and backup electric power generation;(11) in accordance with any code or standards developed in a region, fund prototype, pilot fleet, and infrastructure regional hydrogen supply corridors along the interstate highway system in varied climates across the United States; and
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(1) As a component of the demonstration program under this section, the Secretary shall provide grants, on a cost share basis as appropriate, to eligible entities (as determined by the Secretary) for use in—(A) devising system design concepts that provide for the use of advanced composite vehicles in programs under section 16122 of this title that—(i) have as a primary goal the reduction of drive energy requirements;(ii) after 2010, add another research and development phase, as defined in subsection (c), including the vehicle and infrastructure partnerships developed under the learning demonstrations program concept of the Department; and(iii) are managed through an enhanced FreedomCAR program within the Department that encourages involvement in cost-shared projects by manufacturers and governments; and(B) designing a local distributed energy system that—(i) incorporates renewable hydrogen production, off-grid electricity production, and fleet applications in industrial or commercial service;(ii) integrates energy or applications described in clause (i), such as stationary, portable, micro, and mobile fuel cells, into a high-density commercial or residential building complex or agricultural community; and
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(c) In carrying out the demonstrations under subsection (a), the Secretary, in consultation with the Task Force and the Technical Advisory Committee, shall—(1) after 2008 for stationary and portable applications, and after 2010 for vehicles, identify new requirements that refine technological concepts, planning, and applications; and(2) during the second phase of the learning demonstrations under subsection (b)(1)(A)(ii), redesign subsequent program work to incorporate those requirements.
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(a) The Secretary, in cooperation with the Task Force, shall provide grants to, or offer to enter into contracts with, such professional organizations, public service organizations, and government agencies as the Secretary determines appropriate to support timely and extensive development of safety codes and standards relating to fuel cell vehicles, hydrogen energy systems, and stationary, portable, and micro fuel cells.
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(b) The Secretary shall support educational efforts by organizations and agencies described in subsection (a) to share information, including information relating to best practices, among those organizations and agencies.
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(a) Subject to subsection (c), not later than 2 years after August 8, 2005, and triennially thereafter, the Secretary shall submit to Congress a report describing—(1) activities carried out by the Department under this subchapter,1 for hydrogen and fuel cell technology;(2) measures the Secretary has taken during the preceding 3 years to support the transition of primary industry (or a related industry) to a fully commercialized hydrogen economy;(3) any change made to the strategy relating to hydrogen and fuel cell technology to reflect the results of a learning demonstrations;(4) progress, including progress in infrastructure, made toward achieving the goal of producing and deploying not less than—(A) 100,000 hydrogen-fueled vehicles in the United States by 2010; and(B) 2,500,000 hydrogen-fueled vehicles in the United States by 2020;(5) progress made toward achieving the goal of supplying hydrogen at a sufficient number of fueling stations in the United States by 2010 including by integrating—(A) hydrogen activities; and(B) associated targets and timetables for the development of hydrogen technologies;(6) any problem relating to the design, execution, or funding of a program under this subchapter;(7) progress made toward and goals achieved in carrying out this subchapter and updates to the developmental roadmap, including the results of the reviews conducted by the National Academy of Sciences under subsection (b) for the fiscal years covered by the report; and(8) any updates to strategic plans that are necessary to meet the goals described in paragraph (4).
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(b) The Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy will review the programs under sections 16154 and 16157 of this title every fourth year following August 8, 2005. The Academy’s review shall include the program priorities and technical milestones, and evaluate the progress toward achieving them. The first review shall be completed not later than 5 years after August 8, 2005. Not later than 45 days after receiving the review, the Secretary shall transmit the review to Congress along with a plan to implement the review’s recommendations or an explanation for the reasons that a recommendation will not be implemented.
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(a) The Secretary shall—(1) prepare a detailed roadmap for carrying out the provisions in this subchapter related to solar energy technologies and for implementing the recommendations related to solar energy technologies that are included in the report transmitted under subsection (e);(2) provide for the establishment of 5 projects in geographic areas that are regionally and climatically diverse to demonstrate the production of hydrogen at solar energy facilities, including one demonstration project at a National Laboratory or institution of higher education;(3) establish a program—(A) to develop optimized concentrating solar power devices that may be used for the production of both electricity and hydrogen; and(B) to evaluate the use of thermochemical cycles for hydrogen production at the temperatures attainable with concentrating solar power devices;(4) coordinate with activities sponsored by the Department’s Office of Nuclear Energy, Science, and Technology on high-temperature materials, thermochemical cycles, and economic issues related to solar energy;(5) provide for the construction and operation of new concentrating solar power devices or solar power cogeneration facilities that produce hydrogen either concurrently with, or independently of, the production of electricity;(6) support existing facilities and programs of study related to concentrating solar power devices; and(7) establish a program—(A) to develop methods that use electricity from photovoltaic devices for the onsite production of hydrogen, such that no intermediate transmission or distribution infrastructure is required or used and future demand growth may be accommodated;(B) to evaluate the economics of small-scale electrolysis for hydrogen production; and(C) to study the potential of modular photovoltaic devices for the development of a hydrogen infrastructure, the security implications of a hydrogen infrastructure, and the benefits potentially derived from a hydrogen infrastructure.
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(b) The Secretary shall—(1) prepare a detailed roadmap for carrying out the provisions in this subchapter related to wind energy technologies and for implementing the recommendations related to wind energy technologies that are included in the report transmitted under subsection (e); and(2) provide for the establishment of 5 projects in geographic areas that are regionally and climatically diverse to demonstrate the production of hydrogen at existing wind energy facilities, including one demonstration project at a National Laboratory or institution of higher education.
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(c) The Secretary shall support programs at institutions of higher education for the development of solar energy technologies and wind energy technologies for the production of hydrogen. The programs supported under this subsection shall—(1) enhance fellowship and faculty assistance programs;(2) provide support for fundamental research;(3) encourage collaborative research among industry, National Laboratories, and institutions of higher education;(4) support communication and outreach; and(5) to the greatest extent possible—(A) be located in geographic areas that are regionally and climatically diverse; and(B) be located at part B institutions, minority institutions, and institutions of higher education located in States participating in the Experimental Program to Stimulate Competitive Research of the Department.
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(d) In conjunction with the programs supported under this section, the Secretary shall develop sabbatical, fellowship, and visiting scientist programs to encourage National Laboratories and institutions of higher education to share and exchange personnel.
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(e) The Secretary shall transmit to the Congress not later than 120 days after August 8, 2005, a report containing detailed summaries of the roadmaps prepared under subsections (a)(1) and (b)(1), descriptions of the Secretary’s progress in establishing the projects and other programs required under this section, and recommendations for promoting the availability of advanced solar and wind energy technologies for the production of hydrogen.
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(b) The Secretary shall establish a program to support the development of at least 4 regional clean hydrogen hubs that—(1) demonstrably aid the achievement of the clean hydrogen production standard developed under section 16166(a) of this title;(2) demonstrate the production, processing, delivery, storage, and end-use of clean hydrogen; and(3) can be developed into a national clean hydrogen network to facilitate a clean hydrogen economy.
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(1) Not later than 180 days after November 15, 2021, the Secretary shall solicit proposals for regional clean hydrogen hubs.
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(2) Not later than 1 year after the deadline for the submission of proposals under paragraph (1), the Secretary shall select at least 4 regional clean hydrogen hubs to be developed under subsection (b).
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(3) The Secretary shall select regional clean hydrogen hubs under paragraph (2) using the following criteria:(A) To the maximum extent practicable—(i) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from fossil fuels;(ii) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from renewable energy; and(iii) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from nuclear energy.(B) To the maximum extent practicable—(i) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the electric power generation sector;(ii) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the industrial sector;(iii) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the residential and commercial heating sector; and(iv) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the transportation sector.(C) To the maximum extent practicable, each regional clean hydrogen hub—(i) shall be located in a different region of the United States; and(ii) shall use energy resources that are abundant in that region.(D) To the maximum extent practicable, at least 2 regional clean hydrogen hubs shall be located in the regions of the United States with the greatest natural gas resources.(E) The Secretary shall give priority to regional clean hydrogen hubs that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region.
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(E) The Secretary shall give priority to regional clean hydrogen hubs that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region.
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(4) The Secretary may make grants to each regional clean hydrogen hub selected under paragraph (2) to accelerate commercialization of, and demonstrate the production, processing, delivery, storage, and end-use of, clean hydrogen.
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(d) There is authorized to be appropriated to the Secretary to carry out this section $8,000,000,000 for the period of fiscal years 2022 through 2026.
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(1) In carrying out the programs established under sections 16154 and 16161a of this title, the Secretary, in consultation with the heads of relevant offices of the Department, shall develop a technologically and economically feasible national strategy and roadmap to facilitate widescale production, processing, delivery, storage, and use of clean hydrogen.
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(1) Not later than 180 days after November 15, 2021, the Secretary shall submit to Congress the clean hydrogen strategy and roadmap developed under subsection (a).
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(2) The Secretary shall submit to Congress updates to the clean hydrogen strategy and roadmap under paragraph (1) not less frequently than once every 3 years after the date on which the Secretary initially submits the report and roadmap.
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(1) In carrying out the programs established under sections 16154 and 16161a of this title, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities (as determined by the Secretary) for research, development, and demonstration projects to advance new clean hydrogen production, processing, delivery, storage, and use equipment manufacturing technologies and techniques.
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(2) In awarding grants or entering into contracts, cooperative agreements, or other agreements under paragraph (1), the Secretary, to the maximum extent practicable, shall give priority to clean hydrogen equipment manufacturing projects that—(A) increase efficiency and cost-effectiveness in—(i) the manufacturing process; and(ii) the use of resources, including existing energy infrastructure;(B) support domestic supply chains for materials and components;(C) identify and incorporate nonhazardous alternative materials for components and devices;(D) operate in partnership with tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, or territories or freely associated States; or(E) are located in economically distressed areas of the major natural gas-producing regions of the United States.
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(3) Not later than 3 years after November 15, 2021, and not less frequently than once every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1).
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(1) In carrying out the programs established under sections 16154 and 16161a of this title, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean hydrogen technologies, including by—(A) increasing the efficiency and cost-effectiveness of the recovery of raw materials from clean hydrogen technology components and systems, including enabling technologies such as electrolyzers and fuel cells;(B) minimizing environmental impacts from the recovery and disposal processes;(C) addressing any barriers to the research, development, demonstration, and commercialization of technologies and processes for the disassembly and recycling of devices used for clean hydrogen production, processing, delivery, storage, and use;(D) developing alternative materials, designs, manufacturing processes, and other aspects of clean hydrogen technologies;(E) developing alternative disassembly and resource recovery processes that enable efficient, cost-effective, and environmentally responsible disassembly of, and resource recovery from, clean hydrogen technologies; and(F) developing strategies to increase consumer acceptance of, and participation in, the recycling of fuel cells.
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(2) The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1), including any educational and outreach materials developed by the projects.
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(c) There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.
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(b) Not later than 90 days after November 15, 2021, the Secretary shall establish a research, development, demonstration, commercialization, and deployment program for purposes of commercialization to improve the efficiency, increase the durability, and reduce the cost of producing clean hydrogen using electrolyzers.
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(2) any other goals the Secretary determines are appropriate.
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(1) to demonstrate technologies that produce clean hydrogen using electrolyzers; and(2) to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in paragraph (1).
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(1) In carrying out the program, the Secretary shall award grants, on a competitive basis, to eligible entities for projects that the Secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection (c).
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(2) In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purpose of the program described in subsection (b).
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(A) The eligibility of an entity to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall be determined by the Secretary.
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(B) An eligible entity desiring to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
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(g) There is authorized to be appropriated to the Secretary to carry out the program $1,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.
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In carrying out this subchapter, the Secretary shall carry out programs that—
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(a) The Secretary may represent the United States interests with respect to activities and programs under this subchapter, in coordination with the Department of Transportation, the National Institute of Standards and Technology, and other relevant Federal agencies, before governments and nongovernmental organizations including—(1) other Federal, State, regional, and local governments and their representatives;(2) industry and its representatives, including members of the energy and transportation industries; and(3) in consultation with the Department of State, foreign governments and their representatives including international organizations.
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Nothing in this subchapter shall be construed to affect the authority of the Secretary of Transportation that may exist prior to August 8, 2005, with respect to—
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(a) Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this subchapter.
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(2) Not later than the date that is 5 years after the date on which the Secretary develops the standard under subsection (a), the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall—(A) determine whether the definition of clean hydrogen required under paragraph (1)(B) should be adjusted below the standard described in that paragraph; and(B) if the Secretary determines the adjustment described in subparagraph (A) is appropriate, carry out the adjustment.
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(B) if the Secretary determines the adjustment described in subparagraph (A) is appropriate, carry out the adjustment.
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(a) In order to achieve the purposes of this subchapter, the Secretary shall conduct a balanced set of programs of energy research, development, demonstration, and commercial application with the general goals of—(1) increasing the efficiency of all energy intensive sectors through conservation and improved technologies;(2) promoting diversity of energy supply;(3) decreasing the dependence of the United States on foreign energy supplies;(4) improving the energy security of the United States; and(5) decreasing the environmental impact of energy-related activities.
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(b) The Secretary shall publish measurable cost and performance-based goals, comparable over time, with each annual budget submission in at least the following areas:(1) Energy efficiency for buildings, energy-consuming industries, and vehicles.(2) Electric energy generation (including distributed generation), transmission, and storage.(3) Renewable energy technologies, including wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, biomass-based systems, biofuels, and hydropower.(4) Fossil energy, including power generation, onshore and offshore oil and gas resource recovery, and transportation fuels.(5) Nuclear energy, including programs for existing and advanced reactors, and education of future specialists.
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(c) The Secretary shall provide mechanisms for input on the annually published goals from industry, institutions of higher education, and other public sources.
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(1) The term “departmental mission” means any of the functions vested in the Secretary by the Department of Energy Organization Act (42 U.S.C. 7101 et seq.) or other law.
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(B) any other organization of the Department designated by the Secretary.
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(A) Not later than 180 days after December 27, 2020, the Secretary and the Secretary of the Interior shall establish the joint NEWS RD&D Office and Interagency RD&D Coordination Committee on the Nexus of Energy and Water for Sustainability (or the “NEWS RD&D Committee”) to carry out the duties described in subparagraph (C).
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(F) In developing the strategic plan described in subparagraph (C)(ii), the Secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions, industry, public utility commissions, and State and local governments who have expertise in technologies and practices relating to the energy-water nexus.
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(b) The Secretary shall integrate the following considerations into energy RD&D programs and projects of the Department by—(1) advancing RD&D for energy and energy efficiency technologies and practices that meet the objectives of—(A) minimizing freshwater withdrawal and consumption;(B) increasing water use efficiency; and(C) utilizing nontraditional water sources;(2) considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and(3) improving understanding of the energy-water nexus (as defined in subsection (a)(1)).
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(c) The Secretary may provide for such additional RD&D activities as appropriate to integrate the considerations described in subsection (b) into the RD&D activities of the Department.
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(1) The Secretary shall conduct programs of energy efficiency research, development, demonstration, and commercial application, including activities described in this part. Such programs shall take into consideration the following objectives:(A) Increasing the energy efficiency of vehicles, buildings, and industrial processes.(B) Reducing the demand of the United States for energy, especially energy from foreign sources.(C) Reducing the cost of energy and making the economy more efficient and competitive.(D) Improving the energy security of the United States.(E) Reducing the environmental impact of energy-related activities.
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(b) There are authorized to be appropriated to the Secretary to carry out energy efficiency and conservation research, development, demonstration, and commercial application activities, including activities authorized under this part—(1) $783,000,000 for fiscal year 2007;(2) $865,000,000 for fiscal year 2008; and(3) $952,000,000 for fiscal year 2009.
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(d) There are authorized to be appropriated to the Secretary to carry out section 16192 of this title $50,000,000 for each of fiscal years 2010 through 2013.
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(2) The term “Industry Alliance” means an entity selected by the Secretary under subsection (d).
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(d) Not later than 90 days after August 8, 2005, the Secretary shall competitively select an Industry Alliance to represent participants who are private, for-profit firms, open to large and small businesses, that, as a group, are broadly representative of United States solid-state lighting research, development, infrastructure, and manufacturing expertise as a whole.
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(1) The Secretary shall carry out the research activities of the Initiative through competitively awarded grants to—(A) researchers, including Industry Alliance participants;(B) small businesses;(C) National Laboratories; and(D) institutions of higher education.
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(1) The Secretary shall carry out a development, demonstration, and commercial application program for the Initiative through competitively selected awards.
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(2) In making the awards, the Secretary may give preference to participants in the Industry Alliance.
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(g) In carrying out this section, the Secretary shall require cost sharing in accordance with section 16352 of this title.
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(h) The Secretary may require (in accordance with section 202(a)(ii) of title 35, section 2182 of this title, and section 5908 of this title) that for any new invention developed under subsection (e)—(1) that the Industry Alliance participants who are active participants in research, development, and demonstration activities related to the advanced solid-state lighting technologies that are covered by this section shall be granted the first option to negotiate with the invention owner, at least in the field of solid-state lighting, nonexclusive licenses and royalties on terms that are reasonable under the circumstances;(A) that, for 1 year after a United States patent is issued for the invention, the patent holder shall not negotiate any license or royalty with any entity that is not a participant in the Industry Alliance described in paragraph (1); and(B) that, during the year described in subparagraph (A), the patent holder shall negotiate nonexclusive licenses and royalties in good faith with any interested participant in the Industry Alliance described in paragraph (1); and(3) such other terms as the Secretary determines are required to promote accelerated commercialization of inventions made under the Initiative.
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(3) such other terms as the Secretary determines are required to promote accelerated commercialization of inventions made under the Initiative.
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(i) The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the Initiative.
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(b) Not later than 120 days after August 8, 2005, the Secretary shall enter into an agreement with the National Institute of Building Sciences to—(1) conduct an assessment (in cooperation with industry, standards development organizations, and other entities, as appropriate) of whether the current voluntary consensus standards and rating systems for high performance buildings are consistent with the current technological state of the art, including relevant results from the research, development and demonstration activities of the Department;(2) determine if additional research is required, based on the findings of the assessment; and(3) recommend steps for the Secretary to accelerate the development of voluntary consensus-based standards for high performance buildings that are based on the findings of the assessment.
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(3) recommend steps for the Secretary to accelerate the development of voluntary consensus-based standards for high performance buildings that are based on the findings of the assessment.
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(c) Consistent with subsection (b) and section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note), the Secretary shall establish a grant and technical assistance program to support the development of voluntary consensus-based standards for high performance buildings.
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(1) Not later than 180 days after August 8, 2005, the Secretary shall solicit proposals to demonstrate the secondary use of batteries and associated equipment and supporting infrastructure in geographic locations throughout the United States.
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(1) Not later than 90 days after the closing date established by the Secretary for receipt of proposals under subsection (c), the Secretary shall select up to five proposals that may receive financial assistance under this section once the Department receives appropriated funds to carry out this section.
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(2) In selecting proposals, the Secretary shall consider—(A) the diversity of battery type;(B) geographic and climatic diversity; and(C) life-cycle environmental effects of the approaches.
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(e) In carrying out this section, the Secretary shall require that—(1) relevant information be provided to—(A) the Department;(B) the users of the batteries;(C) the proposers of a project under this section; and(D) the battery manufacturers; and(2) the costs of carrying out projects and activities under this section are shared in accordance with section 16352 of this title.
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(a) The Secretary shall establish an Energy Efficiency Science Initiative to be managed by the Assistant Secretary in the Department with responsibility for energy conservation under section 7133(a)(9) of this title, in consultation with the Director of the Office of Science, for grants to be competitively awarded and subject to peer review for research relating to energy efficiency.
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(b) The Secretary shall submit to Congress, along with the annual budget request of the President submitted to Congress, a report on the activities of the Energy Efficiency Science Initiative, including a description of the process used to award the funds and an explanation of how the research relates to energy efficiency.
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(a) Not later than 18 months after May 8, 2008, the Secretary shall make grants to nonprofit institutions, State and local governments, cooperative extension services, or institutions of higher education (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. In making awards under this section, the Secretary shall—(1) give priority to applicants already operating or partnered with an outreach program capable of transferring knowledge and information about advanced energy efficiency methods and technologies;(2) ensure that, to the extent practicable, the program enables the transfer of knowledge and information—(A) about a variety of technologies; and(B) in a variety of geographic areas;(3) give preference to applicants that would significantly expand on or fill a gap in existing programs in a geographical region; and(4) consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit.
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(c) A person seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require. The Secretary may award a grant under this section to an entity already in existence if the entity is otherwise eligible under this section. The application shall include, at a minimum—(1) a description of the applicant’s outreach program, and the geographic region it would serve, and of why the program would be capable of transferring knowledge and information about advanced energy technologies that increase efficiency of energy use;(2) a description of the activities the applicant would carry out, of the technologies that would be transferred, and of any other organizations that will help facilitate a regional approach to carrying out those activities;(3) a description of how the proposed activities would be appropriate to the specific energy needs of the geographic region to be served;(4) an estimate of the number and types of energy end-users expected to be reached through such activities; and(5) a description of how the applicant will assess the success of the program.
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(d) The Secretary shall award grants under this section on the basis of the following criteria, at a minimum:(1) The ability of the applicant to carry out the proposed activities.(2) The extent to which the applicant will coordinate the activities of the Center with other entities as appropriate, such as State and local governments, utilities, institutions of higher education, and National Laboratories.(3) The appropriateness of the applicant’s outreach program for carrying out the program described in this section.(4) The likelihood that proposed activities could be expanded or used as a model for other areas.
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(e) In carrying out this section, the Secretary shall require cost-sharing in accordance with the requirements of section 16352 of this title for commercial application activities.
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(2) Each grantee under this section shall be evaluated during its third year of operation under procedures established by the Secretary to determine if the grantee is accomplishing the purposes of this section described in subsection (a). The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for 3 additional years beyond the original term of the grant.
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(3) If a grantee receives an extension under paragraph (2), the grantee shall be evaluated again during the second year of the extension. The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for a final additional period of 3 additional years beyond the original extension.
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(1) The Secretary shall establish and carry out a smart energy and water efficiency pilot program in accordance with this section.
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(A) The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities.
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(B) In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider—(i) energy and cost savings;(ii) the uniqueness, commercial viability, and reliability of the technology to be used;(iii) the degree to which the project integrates next-generation sensors software, analytics, and management tools;(iv) the anticipated cost-effectiveness of the pilot project through measurable energy savings, water savings or reuse, and infrastructure costs averted;(v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented in a wide range of applications ranging in scale from small towns to large cities, including Tribal communities;(vi) whether the technology has been successfully deployed elsewhere;(vii) whether the technology was sourced from a manufacturer based in the United States; and(viii) whether the project will be completed in 5 years or less.
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(i) Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary.
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(VII) a description of the ways in which the proposal would meet performance measures established by the Secretary; and
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(VIII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient.
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(A) Not later than 1 year after December 27, 2020, the Secretary shall select grant recipients under this section.
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(ii) Consistent with the performance measures and benchmarks developed under clause (i), in carrying out an evaluation under that clause, the Secretary shall—(I) evaluate the progress and impact of the project; and(II) assess the degree to which the project is meeting the goals of the pilot program.
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(C) On the request of a grant recipient, the Secretary shall provide technical and policy assistance.
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(D) The Secretary shall make available to the public through the Internet and other means the Secretary considers to be appropriate—(i) a copy of each evaluation carried out under subparagraph (B); and
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(E) The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B).
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(c) There is authorized to be appropriated to the Secretary to carry out this section $15,000,000, to remain available until expended.
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(a) The Secretary shall carry out programs of research, development, demonstration, and commercial application on distributed energy resources and systems reliability and efficiency, to improve the reliability and efficiency of distributed energy resources and systems, integrating advanced energy technologies with grid connectivity, including activities described in this part. The programs shall address advanced energy technologies and systems and advanced grid reliability technologies.
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(1) There are authorized to be appropriated to the Secretary to carry out distributed energy and electric energy systems activities, including activities authorized under this part—(A) $240,000,000 for fiscal year 2007;(B) $255,000,000 for fiscal year 2008; and(C) $273,000,000 for fiscal year 2009.
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(a) The Secretary shall establish a comprehensive research, development, demonstration, and commercial application to improve the energy efficiency of high power density facilities, including data centers, server farms, and telecommunications facilities.
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(a) The Secretary shall make competitive, merit-based grants to consortia for the development of micro-cogeneration energy technology.
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(a) The Secretary may provide financial assistance to coordinating consortia of interdisciplinary participants for demonstrations designed to accelerate the use of distributed energy technologies (such as fuel cells, microturbines, reciprocating engines, thermally activated technologies, and combined heat and power systems) in high-energy intensive commercial applications.
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(1) The Secretary shall—(A) establish a research, development, and demonstration program to develop working models of small scale portable power devices; and(B) to the fullest extent practicable, identify and utilize the resources of universities that have shown expertise with respect to advanced portable power devices for either civilian or military use.
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(a) The Secretary shall establish a comprehensive research, development, and demonstration program to ensure the reliability, efficiency, and environmental integrity of electrical transmission and distribution systems, which shall include—(1) advanced energy delivery technologies, energy storage technologies, materials, and systems, giving priority to new transmission technologies, including composite conductor materials and other technologies that enhance reliability, operational flexibility, or power-carrying capability;(2) advanced grid reliability and efficiency technology development;(3) technologies contributing to significant load reductions;(4) advanced metering, load management, and control technologies;(5) technologies to enhance existing grid components;(6) the development and use of high-temperature superconductors to—(A) enhance the reliability, operational flexibility, or power-carrying capability of electric transmission or distribution systems; or(B) increase the efficiency of electric energy generation, transmission, distribution, or storage systems;(7) integration of power systems, including systems to deliver high-quality electric power, electric power reliability, and combined heat and power;(8) supply of electricity to the power grid by small scale, distributed and residential-based power generators;(9) the development and use of advanced grid design, operation, and planning tools;(10) the development of cost-effective technologies that enable two-way information and power flow between distributed energy resources and the electric grid;(11) the development of technologies and concepts that enable interoperability between distributed energy resources and other behind-the-meter devices and the electric grid;(12) any other infrastructure technologies, as appropriate; and(13) technology transfer and education.
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(2) In preparing the program plan, the Secretary shall consult with—(A) utilities;(B) energy service providers;(C) manufacturers;(D) institutions of higher education;(F) environmental organizations;(G) professional and technical societies; and
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(c) The Secretary shall consider implementing the program under this section using a consortium of participants from industry, institutions of higher education, and National Laboratories.
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(d) Not later than 2 years after the submission of the plan under subsection (b), the Secretary shall submit to Congress a report—(1) describing the progress made under this section; and(2) identifying any additional resources needed to continue the development and commercial application of transmission and distribution of infrastructure technologies.
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(1) The Secretary shall establish a research, development, and demonstration initiative specifically focused on power delivery using components incorporating high temperature superconductivity.
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(1) The Secretary shall establish a research, development, and demonstration initiative specifically focused on tools needed to plan, operate, and expand the transmission and distribution grids in the presence of competitive market mechanisms for energy, load demand, customer response, and ancillary services.
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(g) As part of the program described in subsection (a), the Secretary shall award a grant to a university research program to design and test, in consultation with the Tennessee Valley Authority, state-of-the-art optimization techniques for power flow through existing high voltage transmission lines.
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(1) The Secretary shall conduct programs of renewable energy research, development, demonstration, and commercial application, including activities described in this part. Such programs shall take into consideration the following objectives:(A) Increasing the conversion efficiency of all forms of renewable energy through improved technologies.(B) Decreasing the cost of renewable energy generation and delivery.(C) Promoting the diversity of the energy supply.(D) Decreasing the dependence of the United States on foreign energy supplies.(E) Improving United States energy security.(F) Decreasing the environmental impact of energy-related activities.(G) Increasing the export of renewable generation equipment from the United States.
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(A) The Secretary shall conduct a program of research, development, demonstration, and commercial application for geothermal energy. The program shall focus on developing improved technologies for reducing the costs of geothermal energy installations, including technologies for—(i) improving detection of geothermal resources;(ii) decreasing drilling costs;(iii) decreasing maintenance costs through improved materials;(iv) increasing the potential for other revenue sources, such as mineral production; and(v) increasing the understanding of reservoir life cycle and management.
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(B) The Secretary shall conduct a program of research, development, demonstration, and commercial application for cost competitive technologies that enable the development of new and incremental hydropower capacity, adding to the diversity of the energy supply of the United States, including:(i) Fish-friendly large turbines.(ii) Advanced technologies to enhance environmental performance and yield greater energy efficiencies.
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(C) The Secretary shall conduct research, development, demonstration, and commercial application programs for—(i) ocean energy, including wave energy;(ii) the combined use of renewable energy technologies with one another and with other energy technologies, including the combined use of wind power and coal gasification technologies;(iii) renewable energy technologies for cogeneration of hydrogen and electricity; and(iv) kinetic hydro turbines.
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(b) There are authorized to be appropriated to the Secretary to carry out renewable energy research, development, demonstration, and commercial application activities, including activities authorized under this part—(1) $632,000,000 for fiscal year 2007;(2) $743,000,000 for fiscal year 2008;(3) $852,000,000 for fiscal year 2009; and(4) $963,000,000 for fiscal year 2010.
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(e) In carrying out this section, the Secretary, in consultation with the Secretary of Agriculture, shall demonstrate the use of renewable energy technologies to assist in delivering electricity to rural and remote locations including —(1) advanced wind power technology, including combined use with coal gasification;(2) biomass; and(3) geothermal energy systems.
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(1) The Secretary shall conduct analysis and evaluation in support of the renewable energy programs under this part. These activities shall be used to guide budget and program decisions, and shall include—(A) economic and technical analysis of renewable energy potential, including resource assessment;(B) analysis of past program performance, both in terms of technical advances and in market introduction of renewable energy; and(C) any other analysis or evaluation that the Secretary considers appropriate.
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(C) any other analysis or evaluation that the Secretary considers appropriate.
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(2) The Secretary may designate up to 1 percent of the funds appropriated for carrying out this part for analysis and evaluation activities under this subsection.
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(b) The Secretary shall conduct a program of research, development, demonstration, and commercial application for bioenergy, including—(1) biopower energy systems;(2) biofuels;(3) bioproducts;(4) integrated biorefineries that may produce biopower, biofuels, and bioproducts;(5) cross-cutting research and development in feedstocks; and(6) economic analysis.
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(1) The Secretary shall carry out a program to demonstrate the commercial application of integrated biorefineries. The Secretary shall ensure geographical distribution of biorefinery demonstrations under this subsection. The Secretary shall not provide more than $100,000,000 under this subsection for any single biorefinery demonstration. In making awards under this subsection, the Secretary shall encourage—(A) the demonstration of a wide variety of lignocellulosic feedstocks;(B) the commercial application of biomass technologies for a variety of uses, including—(i) liquid transportation fuels;(ii) high-value biobased chemicals;(iii) substitutes for petroleum-based feedstocks and products; and(iv) energy in the form of electricity or useful heat; and(C) the demonstration of the collection and treatment of a variety of biomass feedstocks.
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(2) Not later than 6 months after August 8, 2005, the Secretary shall solicit proposals for demonstration of advanced biorefineries. The Secretary shall select only proposals that—(A) demonstrate that the project will be able to operate profitably without direct Federal subsidy after initial construction costs are paid; and(B) enable the biorefinery to be easily replicated.
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(e) The Secretary shall establish a demonstration program to determine the feasibility of the operation of diesel electric power generators, using biodiesel fuels with ratings as high as B100, at electric generation facilities owned by institutions of higher education. The program shall examine—(1) heat rates of diesel fuels with large quantities of cellulosic content;(2) the reliability of operation of various fuel blends;(3) performance in cold or freezing weather;(4) stability of fuel after extended storage; and(5) other criteria, as determined by the Secretary.
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(5) other criteria, as determined by the Secretary.
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(g) The Secretary shall establish a program of research, development, demonstration, and commercial application for increasing energy efficiency and reducing energy consumption in the operation of biorefinery facilities.
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(h) The Secretary shall establish a program of research, development, demonstration, and commercial application on technologies and processes to enable biorefineries that exclusively use corn grain or corn starch as a feedstock to produce ethanol to be retrofitted to accept a range of biomass, including lignocellulosic feedstocks.
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The Secretary shall—
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(a) The Secretary shall conduct a program of research and development to evaluate the potential for concentrating solar power for hydrogen production, including cogeneration approaches for both hydrogen and electricity.
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(c) In carrying out the program under this section, the Secretary shall—(1) assess conflicting guidance on the economic potential of concentrating solar power for electricity production received from the National Research Council in the report entitled “Renewable Power Pathways: A Review of the U.S. Department of Energy’s Renewable Energy Programs” and dated 2000 and subsequent reviews of that report funded by the Department; and(2) provide an assessment of the potential impact of technology used to concentrate solar power for electricity before, or concurrent with, submission of the budget for fiscal year 2008.
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(d) Not later than 5 years after August 8, 2005, the Secretary shall provide to Congress a report on the economic and technical potential for electricity or hydrogen production, with or without cogeneration, with concentrating solar power, including the economic and technical feasibility of potential construction of a pilot demonstration facility suitable for commercial production of electricity or hydrogen from concentrating solar power.
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(b) Notwithstanding section 16352 of this title, the Secretary shall provide under this section no more than 40 percent of the incremental costs of the solar or other renewable energy source project funded.
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(c) As part of the application for awards under this section, the Secretary shall require all applicants—(1) to demonstrate a continuing commitment to the use of solar and other renewable energy sources in buildings they own or operate; and(2) to state how they expect any award to further their transition to the significant use of renewable energy.
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(a) Not later than 180 days after December 27, 2020, the Secretary shall establish a research, development, and demonstration program on technologies that enable integration of renewable energy generation sources onto the electric grid across multiple program offices of the Department. The program shall include—(1) forecasting for predicting generation from variable renewable energy sources;(2) development of cost-effective low-loss, long-distance transmission lines; and(3) development of cost-effective advanced technologies for variable renewable generation sources to provide grid services.
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(b) In carrying out this program, the Secretary shall coordinate across all relevant program offices at the Department to achieve the goals established in this section, including the Office of Electricity.
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(c) In carrying out this section, the Secretary shall consider barriers to adoption and commercial application of technologies that enable integration of renewable energy sources onto the electric grid, including cost and other economic barriers, and shall coordinate with relevant entities to reduce these barriers.
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(L) any other entity, as determined by the Secretary; and
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(A) The Secretary shall establish a program to conduct research, development, demonstration, and commercialization of wind energy technologies in accordance with this subsection.
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(C) Not later than 180 days after December 27, 2020, the Secretary shall establish targets for the program relating to near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of wind energy technologies, including onshore, offshore, distributed, and off-grid technologies.
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(A) In carrying out the program, the Secretary shall carry out research, development, demonstration, and commercialization activities, including—(i) awarding grants and awards, on a competitive, merit-reviewed basis;(ii) performing precompetitive research and development;(iii) establishing or maintaining demonstration facilities and projects, including through stewardship of existing facilities such as the National Wind Test Center;(iv) providing technical assistance;(v) entering into contracts and cooperative agreements;(vi) providing small business vouchers;(vii) establishing prize competitions;(viii) conducting education and outreach activities;(ix) conducting professional development activities; and(x) conducting analyses, studies, and reports.
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(B) The Secretary shall carry out research, development, demonstration, and commercialization activities in the following subject areas:(i) Wind power plant siting, performance, operations, and security.(ii) New materials and designs relating to all hardware, software, and components of wind energy technologies, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that are determined to be vulnerable to disruption.(iii) Advanced wind energy manufacturing and installation technologies and practices, including materials, processes, such as onsite or near site manufacturing, and design.(iv) Offshore wind-specific projects and plants, including—(I) fixed and floating substructure systems, materials, and components;(II) the operation of offshore facilities, such as—(aa) an offshore research facility to conduct research for oceanic, biological, geological, and atmospheric resource characterization relevant to offshore wind energy development in coordination with the ocean and atmospheric science communities; and(bb) an offshore support structure testing facility to conduct development, demonstration, and commercialization of large-scale and full-scale offshore wind energy support structure components and systems;(III) the monitoring and analysis of site and environmental considerations unique to offshore sites, including freshwater environments.(v) Integration of wind energy technologies with—(I) the electric grid, including transmission, distribution, microgrids, and distributed energy systems; and(II) other energy technologies, including—(aa) other generation sources;(bb) demand response technologies; and(cc) energy storage technologies.(vi) Methods to improve the lifetime, maintenance, decommissioning, recycling, reuse, and sustainability of wind energy components and systems, including technologies and strategies to reduce the use of energy, water, critical materials, and other valuable or harmful inputs.(vii) Wind power forecasting and atmospheric measurement systems, including for turbines and plant systems of varying height.(viii) Integrated wind energy systems, grid-connected and off-grid, that incorporate diverse—(I) generation sources;(II) loads; and(III) storage technologies.(ix) Reducing market barriers, including non-hardware and information-based barriers, to the adoption of wind energy technologies, such as impacts on, or challenges relating to—(I) distributed wind technologies, including the development of best practices, models, and voluntary streamlined processes for local siting and permitting of distributed wind energy systems to reduce costs;(II) airspace;(III) military operations;(IV) radar;(V) local communities, with special consideration given to economically distressed areas, previously disturbed lands such as landfills and former mines, and other areas disproportionately impacted by environmental pollution;(VI) wildlife and wildlife habitats; and(VII) any other appropriate matter, as determined by the Secretary.(x) Technologies or strategies to avoid, minimize, and offset the potential impacts of wind energy facilities on bird species, bat species, marine wildlife, and other sensitive species and habitats.(xi) Advanced physics-based and data analysis computational tools, in coordination with the high-performance computing programs of the Department, to more efficiently design, site, permit, manufacture, install, operate, decommission, and recycle wind energy systems.(xii) Technologies for distributed wind, including micro, small, and medium turbines and the components of those turbines and their microgrid applications.(xiii) Transformational technologies for harnessing wind energy.(xiv) Other research areas that advance the purposes of the program, as determined by the Secretary.
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(VII) any other appropriate matter, as determined by the Secretary.
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(xiv) Other research areas that advance the purposes of the program, as determined by the Secretary.
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(C) In carrying out activities under the program, the Secretary shall, to the maximum extent practicable, give special consideration to—(i) projects that—(I) are located in a geographically diverse range of eligible entities;(II) support the development or demonstration of projects—(aa) in economically distressed areas and areas disproportionately impacted by pollution; and(bb) that provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies;(III) can be replicated in a variety of regions and climates;(IV) include business commercialization plans that have the potential for—(aa) domestic manufacturing and production of wind energy technologies; or(bb) exports of wind energy technologies; and(V) are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated States; and(ii) with regards to professional development, activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to wind energy.
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(D) To the maximum extent practicable, the Secretary shall coordinate activities under the program with other relevant programs and capabilities of the Department and other Federal research programs.
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(E) To the extent that funding is not otherwise available through other Federal programs or power purchase agreements, funding awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Secretary, such as engineering or feasibility studies.
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(i) Not later than 180 days after December 27, 2020, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the potential for, and technical viability of, airborne wind energy systems to provide a significant source of energy in the United States.
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(3) The Secretary may award grants, on a competitive basis, to eligible entities to purchase large pieces of wind component equipment, such as nacelles, towers, and blades, for use in training wind technician students in onshore or offshore wind applications.
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(A) In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, and demonstration, and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of wind energy technologies, including—(i) by increasing the efficiency and cost effectiveness of the recovery of raw materials from wind energy technology components and systems, including enabling technologies such as inverters;(ii) by minimizing potential environmental impacts from the recovery and disposal processes;(iii) by advancing technologies and processes for the disassembly and recycling of wind energy devices;(iv) by developing alternative materials, designs, manufacturing processes, and other aspects of wind energy technologies and the disassembly and resource recovery process that enable efficient, cost effective, and environmentally responsible disassembly of, and resource recovery from, wind energy technologies; and(v) strategies to increase consumer acceptance of, and participation in, the recycling of wind energy technologies.
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(B) The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through financial assistance awarded under subparagraph (A), including—(i) development of best practices or training materials for use in the wind energy technology manufacturing, design, installation, decommissioning, or recycling industries;(ii) dissemination at industry conferences;(iii) coordination with information dissemination programs relating to recycling of electronic devices in general;(iv) demonstration projects; and(v) educational materials.
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(D) In carrying out the activities authorized under this subsection, the Secretary shall ensure proper security controls are in place to protect proprietary or sensitive information, as appropriate.
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(A) Not later than September 1, 2022, the Secretary shall establish a comprehensive physical property database of materials for use in wind energy technologies, which shall identify the type, quantity, country of origin, source, significant uses, projected availability, and physical properties of materials used in wind energy technologies.
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(B) In establishing the database described in subparagraph (A), the Secretary shall coordinate and, to the extent practicable, avoid duplication with—(i) other Department activities, including those carried out by the Office of Science;(ii) the Director of the National Institute of Standards and Technology;(iii) the Administrator of the Environmental Protection Agency;(iv) the Secretary of the Interior; and(v) relevant industry stakeholders, as determined by the Secretary.
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(iv) the Secretary of the Interior; and
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(v) relevant industry stakeholders, as determined by the Secretary.
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(A) Not later than September 1, 2022, and every 6 years thereafter, the Secretary shall submit to Congress a report on the strategic vision, progress, goals, and targets of the program, including assessments of wind energy markets and manufacturing.
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(B) The Secretary shall coordinate the preparation of the report under subparagraph (A) with—(i) existing peer review processes;(ii) studies conducted by the National Laboratories; and(iii) the multiyear program planning required under section 16358 of this title.
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(7) There is authorized to be appropriated to the Secretary to carry out the program $125,000,000 for each of fiscal years 2021 through 2025.
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(L) any other entity, as determined by the Secretary; and
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(A) The Secretary shall establish a program to conduct research, development, demonstration, and commercialization of solar energy technologies in accordance with this subsection.
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(C) Not later than 180 days after December 27, 2020, the Secretary shall establish targets for the program to address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of all types of solar energy systems.
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(A) In carrying out the program, the Secretary shall carry out research, development, demonstration, and commercialization activities, including—(i) awarding grants and awards, on a competitive, merit-reviewed basis;(ii) performing precompetitive research and development;(iii) establishing or maintaining demonstration facilities and projects, including through stewardship of existing facilities;(iv) providing technical assistance;(v) entering into contracts and cooperative agreements;(vi) providing small business vouchers;(vii) establishing prize competitions;(viii) conducting education and outreach activities;(ix) conducting workforce development activities; and(x) conducting analyses, studies, and reports.
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(B) The Secretary shall carry out research, development, demonstration, and commercialization activities in the following subject areas:(i) Advanced solar energy technologies of varying scale and power production, including—(I) new materials, components, designs, and systems, including perovskites, cadmium telluride, and organic materials;(II) advanced photovoltaic and thin-film devices;(III) concentrated solar power;(IV) solar heating and cooling; and(V) enabling technologies for solar energy systems, including hardware and software.(ii) Solar energy technology siting, performance, installation, operations, resilience, and security.(iii) Integration of solar energy technologies with—(I) the electric grid, including transmission, distribution, microgrids, and distributed energy systems;(II) other energy technologies, including—(aa) other generation sources;(bb) demand response technologies; and(cc) energy storage technologies; and(III) other applications, such as in the agriculture, transportation, buildings, industrial, and fuels sectors.(iv) Advanced solar energy manufacturing technologies and practices, including materials, processes, and design.(v) Methods to improve the lifetime, maintenance, decommissioning, recycling, reuse, and sustainability of solar energy components and systems, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that are determined to be vulnerable to disruption.(vi) Solar energy forecasting, modeling, and atmospheric measurement systems, including for small-scale, large-scale, and aggregated systems.(vii) Integrated solar energy systems that incorporate diverse—(I) generation sources;(II) loads; and(III) storage technologies.(viii) Reducing market barriers, including nonhardware and information-based barriers, to the adoption of solar energy technologies, including impacts on, or challenges relating to—(I) distributed and community solar technologies, including the development of best practices, models, and voluntary streamlined processes for local siting and permitting of distributed solar energy systems to reduce costs;(II) local communities, with special consideration given to economically distressed areas, previously disturbed lands such as landfills and former mines, and other areas disproportionately impacted by environmental pollution;(III) wildlife and wildlife habitats; and(IV) any other appropriate matter, as determined by the Secretary.(ix) Transformational technologies for harnessing solar energy.(x) Other research areas that advance the purposes of the program, as determined by the Secretary.
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(IV) any other appropriate matter, as determined by the Secretary.
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(x) Other research areas that advance the purposes of the program, as determined by the Secretary.
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(C) In carrying out activities under the program, the Secretary shall, to the maximum extent practicable, give priority to projects that—(i) are located in a geographically diverse range of eligible entities;(ii) support the development or demonstration of projects—(I) in economically distressed areas and areas disproportionately impacted by pollution; or(II) that provide the greatest potential to reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies;(iii) can be replicated in a variety of regions and climates;(iv) include business commercialization plans that have the potential for—(I) domestic manufacturing and production of solar energy technologies; or(II) exports of solar energy technologies;(v) are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated States; and(vi) with regards to workforce development, activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to solar energy.
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(D) To the maximum extent practicable, the Secretary shall coordinate activities under the program with other relevant programs and capabilities of the Department and other Federal research programs.
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(E) To the extent that funding is not otherwise available through other Federal programs or power purchase agreements, funding awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Secretary, such as engineering or feasibility studies.
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(A) In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, demonstration, and commercialization projects to advance new solar energy manufacturing technologies and techniques.
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(B) In awarding grants under subparagraph (A), to the extent practicable, the Secretary shall give priority to solar energy manufacturing projects that—(i) increase efficiency and cost effectiveness in—(I) the manufacturing process; and(II) the use of resources, such as energy, water, and critical materials;(ii) support domestic supply chains for materials and components;(iii) identify and incorporate nonhazardous alternative materials for components and devices;(iv) operate in partnership with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or territories or freely associated states; or(v) are located in economically distressed areas.
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(C) Not later than 3 years after December 27, 2020, and every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the grants awarded under subparagraph (A).
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(A) In addition to the program activities described in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, demonstration, and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of solar energy technologies, including—(i) by increasing the efficiency and cost effectiveness of the recovery of raw materials from solar energy technology components and systems, including enabling technologies such as inverters;(ii) by minimizing potential environmental impacts from the recovery and disposal processes;(iii) by advancing technologies and processes for the disassembly and recycling of solar energy devices;(iv) by developing alternative materials, designs, manufacturing processes, and other aspects of solar energy technologies and the disassembly and resource recovery process that enable efficient, cost effective, and environmentally responsible disassembly of, and resource recovery from, solar energy technologies; and(v) strategies to increase consumer acceptance of, and participation in, the recycling of photovoltaic devices.
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(B) The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through financial assistance awarded under subparagraph (A), including—(i) development of best practices or training materials for use in the photovoltaics manufacturing, design, installation, refurbishing, disposal, or recycling industries;(ii) dissemination at industry conferences;(iii) coordination with information dissemination programs relating to recycling of electronic devices in general;(iv) demonstration projects; and(v) educational materials.
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(D) In carrying out the activities authorized under this subsection, the Secretary shall ensure proper security controls are in place to protect proprietary or sensitive information, as appropriate.
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(A) Not later than September 1, 2022, the Secretary shall establish a comprehensive physical property database of materials for use in solar energy technologies, which shall identify the type, quantity, country of origin, source, significant uses, projected availability, and physical properties of materials used in solar energy technologies.
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(B) In establishing the database described in subparagraph (A), the Secretary shall coordinate with—(i) other Department activities, including those carried out by the Office of Science;(ii) the Director of the National Institute of Standards and Technology;(iii) the Administrator of the Environmental Protection Agency;(iv) the Secretary of the Interior; and(v) relevant industry stakeholders, as determined by the Secretary.
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(iv) the Secretary of the Interior; and
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(v) relevant industry stakeholders, as determined by the Secretary.
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(A) Not later than September 1, 2022, and every 6 years thereafter, the Secretary shall submit to Congress a report on the strategic vision, progress, goals, and targets of the program, including assessments of solar energy markets and manufacturing.
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(B) As a part of the report described in subparagraph (A), the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency for purposes of clause (iv), shall include a study that examines the viable market opportunities available for solar energy technology manufacturing in the United States, including—(i) a description of—(I) the ability to competitively manufacture solar technology in the United States, including the manufacture of—(aa) new and advanced materials, such as cells made with new, high efficiency materials;(bb) solar module equipment and enabling technologies, including smart inverters, sensors, and tracking equipment; and(cc) innovative solar module designs and applications, including those that can directly integrate with new and existing buildings and other infrastructure; and(II) opportunities and barriers within the United States and international solar energy technology market;(ii) policy recommendations for enhancing solar energy technology manufacturing in the United States;(iii) a 10-year target and plan to enhance the competitiveness of solar energy technology manufacturing in the United States;(iv) a description of the technical and economic viability of siting solar energy technologies on current and former mine land, including necessary interconnection and transmission siting and the impact on local job creation; and(v) any other research areas as determined by the Secretary.
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(v) any other research areas as determined by the Secretary.
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(C) The Secretary shall coordinate the preparation of the report under subparagraph (A) with—(i) existing peer review processes;(ii) studies conducted by the National Laboratories; and(iii) the multiyear program planning required under section 16358 of this title.
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(7) There is authorized to be appropriated to the Secretary to carry out the program $300,000,000 for each of fiscal years 2021 through 2025.
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(C) meets any financial criteria established by the Secretary.
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(1) The Secretary, in consultation with the Secretary of Agriculture, the Secretary of Defense, and the Administrator of the Environmental Protection Agency, shall establish an incentive program for the production of cellulosic biofuels.
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(2) Under the program, the Secretary shall award production incentives on a per gallon basis of cellulosic biofuels from eligible entities, through—(A) set payments per gallon of cellulosic biofuels produced in an amount determined by the Secretary, until initiation of the first reverse auction; and(B) reverse auction thereafter.
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(A) set payments per gallon of cellulosic biofuels produced in an amount determined by the Secretary, until initiation of the first reverse auction; and
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(A) not later than 1 year after the first year of annual production in the United States of 100,000,000 gallons of cellulosic biofuels, as determined by the Secretary; or
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(A) On initiation of the first reverse auction, and each year thereafter until the earlier of the first year of annual production in the United States of 1,000,000,000 gallons of cellulosic biofuels, as determined by the Secretary, or 10 years after August 8, 2005, the Secretary shall conduct a reverse auction at which—(i) the Secretary shall solicit bids from eligible entities;(ii) eligible entities shall submit—(I) a desired level of production incentive on a per gallon basis; and(II) an estimated annual production amount in gallons; and(iii) the Secretary shall issue awards for the production amount submitted, beginning with the eligible entity submitting the bid for the lowest level of production incentive on a per gallon basis and meeting such other criteria as are established by the Secretary, until the amount of funds available for the reverse auction is committed.
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(i) the Secretary shall solicit bids from eligible entities;
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(iii) the Secretary shall issue awards for the production amount submitted, beginning with the eligible entity submitting the bid for the lowest level of production incentive on a per gallon basis and meeting such other criteria as are established by the Secretary, until the amount of funds available for the reverse auction is committed.
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(B) An eligible entity selected by the Secretary through a reverse auction shall receive the amount of performance incentive requested in the auction for each gallon produced and sold by the entity during the first 6 years of operation.
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(C) As a condition of the receipt of an award under this section, an eligible entity shall enter into an agreement with the Secretary under which the eligible entity agrees to begin production of cellulosic biofuels not later than 3 years after the date of the reverse auction in which the eligible entity participates.
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(1) a per gallon amount determined by the Secretary during the first 4 years of the program;
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(2) a declining per gallon cap over the remaining lifetime of the program, to be established by the Secretary so that cellulosic biofuels produced after the first year of annual cellulosic biofuels production in the United States in excess of 1,000,000,000 gallons are cost competitive with gasoline and diesel;
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(1) demonstrate outstanding potential for local and regional economic development;(2) include agricultural producers or cooperatives of agricultural producers as equity partners in the ventures; and(3) have a strategic agreement in place to fairly reward feedstock suppliers.
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(a) Using amounts made available under subsection (g), the Secretary of Agriculture (referred to in this section as the “Secretary”) shall make available on a competitive basis grants to eligible entities described in subsection (b) for the biobased product marketing and certification purposes described in subsection (c).
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(2) In making grants under this section, the Secretary shall provide a preference to an eligible entity that has fewer than 50 employees.
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(B) meet other biobased standards determined appropriate by the Secretary.
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(a) Using amounts made available under subsection (g), the Secretary of Agriculture (referred to in this section as the “Secretary”) shall make available on a competitive basis grants to eligible entities described in subsection (b) for the purposes described in subsection (c).
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(a) The Secretary of Agriculture (referred to in this section as the “Secretary”) shall make grants available on a competitive basis to enterprises owned by agricultural producers, for the purposes of demonstrating cost-effective, cellulosic biomass innovations in—(1) preprocessing of feedstocks, including cleaning, separating and sorting, mixing or blending, and chemical or biochemical treatments, to add value and lower the cost of feedstock processing at a biorefinery; or(2) 1-pass or other efficient, multiple crop harvesting techniques.
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(a) The Secretary of Agriculture shall establish, within the Department of Agriculture or through an independent contracting entity, a program of education and outreach on biobased fuels and biobased products consisting of—(1) training and technical assistance programs for feedstock producers to promote producer ownership, investment, and participation in the operation of processing facilities; and(2) public education and outreach to familiarize consumers with the biobased fuels and biobased products.
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(1) The Secretary shall carry out programs of civilian nuclear research, development, demonstration, and commercial application, including activities under this part.
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(1) The Secretary shall carry out a program of research, development, demonstration, and commercial application, including through the use of modeling and simulation, to support existing operating nuclear power plants which shall address technologies to modernize and improve, with respect to such plants—(A) reliability;(B) capacity;(C) component aging;(D) safety;(E) physical security and security costs;(F) plant lifetime;(G) operations and maintenance costs, including by utilizing risk-informed systems analysis;(H) the ability for plants to operate flexibly;(I) nuclear integrated energy system applications described in subsection (c);(J) efficiency;(K) environmental impacts; and(L) resilience.
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(A) Not later than 1 year after August 9, 2022, the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall evaluate the technical and economic feasibility of establishing and, if feasible, is authorized to establish an isotope demonstration subprogram of the program established under paragraph (1) to support the development and commercial demonstration of critical radioactive and stable isotope production in existing commercial nuclear power plants.
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(B) The Secretary, acting through the Assistant Secretary for Nuclear Energy, shall consult with the Director of the Office of Science in carrying out the evaluation under subparagraph (A).
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(3) The Secretary shall submit annually a public report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate documenting funds spent under the program that describes program activities, objectives, and outcomes, including those that could benefit the entirety of the existing reactor fleet, such as with respect to aging management and related sustainability concerns, and identifying funds awarded to private entities.
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(4) There are authorized to be appropriated to the Secretary to carry out the program under this subsection $55,000,000 for each of fiscal years 2021 through 2025.
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(1) The Secretary shall carry out a program of research, development, demonstration, and commercial application to support advanced reactor technologies.
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(2) In carrying out the program under this subsection, the Secretary shall—(A) prioritize designs for advanced nuclear reactors that are proliferation resistant and passively safe, including designs that, compared to reactors operating on December 27, 2020—(i) are economically competitive with other electric power generation plants;(ii) have higher efficiency, lower cost, less environmental impacts, increased resilience, and improved safety;(iii) use fuels that are proliferation resistant and have reduced production of high-level waste per unit of output; and(iv) use advanced instrumentation and monitoring systems;(B) consult with the Nuclear Regulatory Commission on appropriate metrics to consider for the criteria specified in subparagraph (A);(C) support research and development to resolve materials challenges relating to extreme environments, including environments that contain high levels of—(i) radiation fluence;(ii) temperature;(iii) pressure; and(iv) corrosion;(D) support research and development to aid in the qualification of advanced fuels, including fabrication techniques;(E) support activities that address near-term challenges in modeling and simulation to enable accelerated design of and licensing of advanced nuclear reactors, including the identification of tools and methodologies for validating such modeling and simulation efforts;(F) develop technologies, including technologies to manage, reduce, or reuse nuclear waste;(G) ensure that nuclear research infrastructure is maintained or constructed, including—(i) currently operational research reactors at the National Laboratories and institutions of higher education;(ii) hot cell research facilities;(iii) a versatile fast neutron source; and(iv) advanced coolant testing facilities, including coolants such as lead, sodium, gas, and molten salt;(H) improve scientific understanding of nonlight water coolant physics and chemistry;(I) develop advanced sensors and control systems, including the identification of tools and methodologies for validating such sensors and systems;(J) investigate advanced manufacturing and advanced construction techniques and materials to reduce the cost of advanced nuclear reactors, including the use of digital twins and of strategies to implement project and construction management best practices, and study the effects of radiation and corrosion on materials created with these techniques;(K) consult with the Administrator of the National Nuclear Security Administration to integrate reactor safeguards and security into design;(L) support efforts to reduce any technical barriers that would prevent commercial application of advanced nuclear energy systems; and(M) develop various safety analyses and emergency preparedness and response methodologies.
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(3) The Secretary shall coordinate with individuals engaged in the private sector and individuals who are experts in nuclear nonproliferation, environmental and public health and safety, and economics to advance the development of various designs of advanced nuclear reactors. In carrying out this paragraph, the Secretary shall convene an advisory committee of such individuals and such committee shall submit annually a report to the relevant committees of Congress with respect to the progress of the program.
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(4) There are authorized to be appropriated to the Secretary to carry out the program under this subsection $55,000,000 for each of fiscal years 2021 through 2025.
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(1) The Secretary shall carry out a program of research, development, demonstration, and commercial application to develop nuclear integrated energy systems, composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies and in which not less than 1 such subsystem is a nuclear energy system, to—(A) reduce greenhouse gas emissions in both the power and nonpower sectors; and(B) maximize energy production and efficiency.
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(2) In carrying out the program under paragraph (1), the Secretary shall coordinate with—(A) relevant program offices within the Department of Energy;(C) institutions of higher education; and(D) the private sector.
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(4) There are authorized to be appropriated to the Secretary to carry out the program under this subsection—(A) $20,000,000 for fiscal year 2021;(B) $30,000,000 for fiscal year 2022;(C) $30,000,000 for fiscal year 2023;(D) $40,000,000 for fiscal year 2024; and(E) $40,000,000 for fiscal year 2025.
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(1) The Secretary shall conduct an advanced fuel cycle research, development, demonstration, and commercial application program to improve fuel cycle performance, minimize environmental and public health and safety impacts, and support a variety of options for used nuclear fuel storage, use, and disposal, including advanced nuclear reactor and non-reactor concepts (such as radioisotope power systems), which may include—(A) dry cask storage;(B) consolidated interim storage;(C) deep geological storage and disposal, including mined repository, and other technologies;(D) used nuclear fuel transportation;(E) integrated waste management systems;(F) vitrification;(G) fuel recycling and transmutation technologies, including advanced reprocessing technologies such as electrochemical and molten salt technologies, and advanced redox extraction technologies;(I) other areas as determined by the Secretary.
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(I) other areas as determined by the Secretary.
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(2) In carrying out the program under this subsection, the Secretary shall—(A) ensure all activities and designs incorporate state of the art safeguards technologies and techniques to reduce risk of proliferation;(B) consult with the Administrator of the National Nuclear Security Administration to integrate safeguards and security by design;(C) consider the potential benefits and other impacts of those activities for civilian nuclear applications, environmental health and safety, and national security, including consideration of public consent; and(D) consider the economic viability of all activities and designs.
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(3) There are authorized to be appropriated to the Secretary to carry out the program under this subsection $60,000,000 for each of fiscal years 2021 through 2025.
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(1) The Secretary shall conduct an advanced fuels research, development, demonstration, and commercial application program on next-generation light water reactor and advanced reactor fuels that demonstrate the potential for improved—(A) performance;(B) accident tolerance;(C) proliferation resistance;(D) use of resources;(E) environmental impact; and(F) economics.
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(2) In carrying out the program under this subsection, the Secretary shall focus on the development of advanced technology fuels, including fabrication techniques, that offer improved accident-tolerance and economic performance with the goal of initial commercial application by December 31, 2025.
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(3) Not later than 180 days December 27, 2020, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes how the technologies and concepts studied under this program would impact reactor economics, the fuel cycle, operations, safety, proliferation, and the environment.
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(4) There are authorized to be appropriated to the Secretary to carry out the program under this subsection $125,000,000 for each of fiscal years 2021 through 2025.
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(1) The Secretary shall conduct a program to invest in human resources and infrastructure in the nuclear sciences and related fields, including health physics, nuclear engineering, and radiochemistry, consistent with missions of the Department related to civilian nuclear research, development, demonstration, and commercial application.
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(2) In carrying out the program under this subsection, the Secretary shall—(A) conduct a graduate and undergraduate fellowship program to attract new and talented students, which may include fellowships for students to spend time at National Laboratories in the areas of nuclear science, engineering, and health physics with a member of the National Laboratory staff acting as a mentor;(B) conduct a junior faculty research initiation grant program to assist universities in recruiting and retaining new faculty in the nuclear sciences and engineering by awarding grants to junior faculty for research on issues related to nuclear energy engineering and science;(C) support fundamental nuclear sciences, engineering, and health physics research through a nuclear engineering education and research program;(D) promote collaborations, partnerships, and knowledge sharing between institutions of higher education, National Laboratories, other Federal agencies, industry, and associated labor unions; and(E) support communication and outreach related to nuclear science, engineering, and health physics.
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(3) The Secretary shall conduct—(A) a fellowship program for professors at universities to spend sabbaticals at National Laboratories in the areas of nuclear science and technology; and(B) a visiting scientist program in which National Laboratory staff can spend time in academic nuclear science and engineering departments.
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(A) In carrying out the program under this subsection, the Secretary may support—(i) converting research reactors from high-enrichment fuels to low-enrichment fuels and upgrading operational instrumentation;(ii) revitalizing and upgrading existing nuclear science and engineering infrastructure that support the development of advanced nuclear technologies and applications;(iii) regional or subregional university-led consortia to—(I) broaden access to university research reactors;(II) enhance existing university-based nuclear science and engineering infrastructure; and(III) provide project management, technical support, quality engineering and inspections, manufacturing, and nuclear material support;(iv) student training programs, in collaboration with the United States nuclear industry, in relicensing and upgrading reactors, including through the provision of technical assistance; and(v) reactor improvements that emphasize research, training, and education, including through the Innovations in Nuclear Infrastructure and Education Program or any similar program.
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(A) The Secretary shall carry out a subprogram to be known as the Advanced Nuclear Research Infrastructure Enhancement Subprogram in order to—(i) demonstrate various advanced nuclear reactor and nuclear microreactor concepts;(ii) establish medical isotope production reactors or other specialized applications; and(iii) advance other research infrastructure that, in the determination of the Secretary, is consistent with the mission of the Department.
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(iii) advance other research infrastructure that, in the determination of the Secretary, is consistent with the mission of the Department.
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(B) In carrying out the subprogram, the Secretary shall establish—(i) not more than 4 new research reactors; and(ii) new nuclear science and engineering facilities, as required to address research demand and identified infrastructure gaps.
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(F) Of any amounts appropriated to carry out the program under this section, there are authorized to be appropriated to the Secretary to carry out the subprogram under this paragraph—(i) $45,000,000 for fiscal year 2023;(ii) $60,000,000 for fiscal year 2024;(iii) $65,000,000 for fiscal year 2025;(iv) $80,000,000 for fiscal year 2026; and(v) $140,000,000 for fiscal year 2027.
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(A) The Secretary shall carry out a program under which the Secretary shall provide project management, technical support, quality engineering and inspection, and nuclear material handling support to research reactors located at universities.
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(B) Of any amounts appropriated to carry out the program under this subsection, there are authorized to be appropriated to the Secretary to carry out the program under this paragraph $20,000,000 for each of fiscal years 2021 through 2025.
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(1) In carrying out the program under subsection (a), the Secretary shall establish a nuclear energy traineeship subprogram under which the Secretary shall competitively award traineeships in coordination with universities to provide focused, advanced training to meet critical mission needs of the Department, including in industries that are represented by skilled labor unions.
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(2) In carrying out the subprogram under this subsection, the Secretary shall—(A) encourage appropriate partnerships among National Laboratories, affected universities, community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs, and industry; and(B) on an annual basis, evaluate the needs of the nuclear energy community to implement traineeships for focused topical areas addressing mission-specific workforce needs.(A) 2In carrying out the subprogram under this subsection, the Secretary may implement traineeships in focus areas that, in the determination of the Secretary, are necessary to support the nuclear energy sector in the United States, including—(i) research and development;(ii) construction and operation;(iii) associated supply chains; and(iv) workforce training and retraining to support transitioning workforces.
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(A) encourage appropriate partnerships among National Laboratories, affected universities, community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs, and industry; and
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(4) There are authorized to be appropriated to the Secretary to carry out the subprogram under this subsection $5,000,000 for each of fiscal years 2023 through 2027.
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(a) The Secretary of Energy, the Administrator of the National Nuclear Security Administration, and the Chairman of the Commission shall jointly establish a program, to be known as the “University Nuclear Leadership Program”.
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(A) coordinate with the Secretary of Energy to prioritize the funding of traineeships that focus on—(i) nuclear workforce needs; and(ii) critical mission needs of the Commission;
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(1) $45,000,000 to the Secretary of Energy, of which $15,000,000 shall be for use by the Administrator of the National Nuclear Security Administration; and
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(a) The Secretary shall operate and maintain infrastructure and facilities to support the nuclear energy research, development, demonstration, and commercial application programs, including radiological facilities management, isotope production, and facilities management.
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(b) In carrying out this section, the Secretary shall—(1) develop an inventory of nuclear science and engineering facilities, equipment, expertise, and other assets at all of the National Laboratories;(2) develop a prioritized list of nuclear science and engineering plant and equipment improvements needed at each of the National Laboratories;(3) consider the available facilities and expertise at all National Laboratories and emphasize investments which complement rather than duplicate capabilities; and(4) develop a timeline and a proposed budget for the completion of deferred maintenance on plant and equipment, with the goal of ensuring that Department programs under this part will be generally recognized to be among the best in the world.
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(A) Not later than December 31, 2017, the Secretary shall provide for a versatile reactor-based fast neutron source, which shall operate as a national user facility.
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(B) In carrying out subparagraph (A), the Secretary shall consult with the private sector, institutions of higher education, the National Laboratories, and relevant Federal agencies to ensure that the user facility described in subparagraph (A) will meet the research needs of the largest practicable majority of prospective users.
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(2) As soon as practicable after determining the mission need under paragraph (1)(A), the Secretary shall submit to the appropriate committees of Congress a detailed plan for the establishment of the user facility.
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(A) The Secretary shall ensure that the user facility will provide, at a minimum, the following capabilities:(i) Fast neutron spectrum irradiation capability.(ii) Capacity for upgrades to accommodate new or expanded research needs.
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(B) In carrying out the plan submitted under paragraph (2), the Secretary shall consider the following:(i) Capabilities that support experimental high-temperature testing.(ii) Providing a source of fast neutrons at a neutron flux, higher than that at which current research facilities operate, sufficient to enable research for an optimal base of prospective users.(iii) Maximizing irradiation flexibility and irradiation volume to accommodate as many concurrent users as possible.(iv) Capabilities for irradiation with neutrons of a lower energy spectrum.(v) Multiple loops for fuels and materials testing in different coolants.(vi) Additional pre-irradiation and post-irradiation examination capabilities.(vii) Lifetime operating costs and lifecycle costs.
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(4) The Secretary shall, to the maximum extent practicable, complete construction of, and approve the start of operations for, the user facility by not later than December 31, 2026.
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(5) The Secretary shall include in the annual budget request of the Department an explanation for any delay in the progress of the Department in completing the user facility by the deadline described in paragraph (4).
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(6) The Secretary shall leverage the best practices for management, construction, and operation of national user facilities from the Office of Science.
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(7) There are authorized to be appropriated to the Secretary to carry out to completion the construction of the facility under this section—(A) $295,000,000 for fiscal year 2021;(B) $348,000,000 for fiscal year 2022;(C) $525,000,000 for fiscal year 2023;(D) $534,000,000 for fiscal year 2024; and(E) $584,000,000 for fiscal year 2025.
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(1) In carrying out the programs under this part, the Secretary is authorized to establish a new initiative to be known as the Gateway for Accelerated Innovation in Nuclear (GAIN). The initiative shall, to the maximum extent practicable and consistent with national security, provide the nuclear energy industry with access to cutting edge research and development along with the technical, regulatory, and financial support necessary to move innovative nuclear energy technologies toward commercialization in an accelerated and cost-effective fashion. The Secretary shall make available, as a minimum—(A) experimental capabilities and testing facilities;(B) computational capabilities, modeling, and simulation tools;(C) access to existing datasets and data validation tools; and(D) technical assistance with guidance or processes as needed.
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(A) The Secretary shall select industry partners for awards on a competitive merit-reviewed basis.
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(B) In selecting industry partners under subparagraph (A), the Secretary shall consider—(i) the information disclosed by the Department as described in paragraph (1); and(ii) any existing facilities the Department will provide for public private partnership activities.
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The Secretary shall conduct a research and development program on cost-effective technologies for increasing—
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(a) The Secretary shall carry out a program to enhance the capabilities of the United States to develop new reactor technologies through high-performance computation modeling and simulation techniques.
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(b) In carrying out the program under subsection (a), the Secretary shall coordinate with relevant Federal agencies as described by the National Strategic Computing Initiative established by Executive Order 13702 (80 Fed. Reg. 46177 (July 29, 2015)), while taking into account the following objectives:(1) Using expertise from the private sector, institutions of higher education, and the National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced nuclear reactor systems and reactor systems for space exploration.(2) Developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation.(3) Increasing the utility of the research infrastructure of the Department by coordinating with the Advanced Scientific Computing Research program within the Office of Science.(4) Leveraging experience from the Energy Innovation Hub for Modeling and Simulation.(5) Ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities engaged in nuclear energy technology development.
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(c) The Secretary shall consider support for additional research activities to maximize the utility of the research facilities of the Department, including physical processes—(1) to simulate degradation of materials and behavior of fuel forms; and(2) for validation of computational tools.
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(d) The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of the program under subsection (a) with the activities of—(1) other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency–Energy, and the Advanced Scientific Computing Research program; and(2) industry.
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(b) In carrying out the program under subsection (a), the Secretary shall leverage the technical expertise of relevant Federal agencies and the National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites.
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(d) In carrying out the program under subsection (a), the Secretary may enter into a memorandum of understanding with the Chairman of the Commission in order to share technical expertise and knowledge through—(1) enabling the testing and demonstration of advanced nuclear reactor concepts to be proposed and funded, in whole or in part, by the private sector;(2) operating a database to store and share data and knowledge relevant to nuclear science and engineering between Federal agencies and the private sector;(3) developing and testing electric and nonelectric integration and energy conversion systems relevant to advanced nuclear reactors;(4) leveraging expertise from the Commission with respect to safety analysis; and(5) enabling technical staff of the Commission to actively observe and learn about technologies developed under the program.
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(e) The Chairman of the Commission and the Secretary shall enter into a memorandum of understanding regarding the following:(1) Ensuring that—(A) the Department has sufficient technical expertise to support the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative advanced nuclear reactor technology; and(B) the Commission has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear reactors.(2) The use of computers and software codes to calculate the behavior and performance of advanced nuclear reactors based on mathematical models of the physical behavior of advanced nuclear reactors.(3) Ensuring that—(A) the Department maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative reactor technology; and(B) the Commission has access to the facilities described in subparagraph (A), as needed.
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(1) Not later than 180 days after September 28, 2018, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall submit to the appropriate committees of Congress a report assessing the capabilities of the Department to authorize, host, and oversee privately funded experimental advanced nuclear reactors as described in subsection (b).
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(H) other challenges or considerations identified by the Secretary.
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(3) Once every 2 years, the Secretary shall update relevant provisions of the report submitted under paragraph (1) and submit to the appropriate committees of Congress the update.
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(1) Nothing in this section authorizes the Secretary or any person to construct or operate a nuclear reactor for the purpose of demonstrating the suitability for commercial application of the nuclear reactor unless licensed by the Commission in accordance with section 5842 of this title.
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(a) Not later than 1 year after September 28, 2018, the Secretary 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 2 alternative 10-year budget plans for civilian nuclear energy research and development by the Secretary, as described in subsections (b) through (d).
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(e) Not less frequently than once every 2 years, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate updated 10-year budget plans which shall identify, and provide a justification for, any major deviation from a previous budget plan submitted under this section.
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(b) The Secretary shall establish a program to advance the research, development, demonstration, and commercial application of domestic advanced, affordable, nuclear energy technologies by—(1) demonstrating a variety of advanced nuclear reactor technologies, including those that could be used to produce—(A) safer, emissions-free power at a competitive cost of electricity compared to other new energy generation technologies on December 27, 2020;(B) heat for community heating, industrial purposes, heat storage, or synthetic fuel production;(C) remote or off-grid energy supply; or(D) backup or mission-critical power supplies;(2) identifying research areas that the private sector is unable or unwilling to undertake due to the cost of, or risks associated with, the research; and(3) facilitating the access of the private sector—(A) to Federal research facilities and personnel; and(B) to the results of research relating to civil nuclear technology funded by the Federal Government.
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(c) In carrying out demonstration projects under the program established in subsection (b), the Secretary shall—(1) include, as an evaluation criterion, diversity in designs for the advanced nuclear reactors demonstrated under this section, including designs using various—(A) primary coolants;(B) fuel types and compositions; and(C) neutron spectra;(2) consider, as evaluation criterions—(A) the likelihood that the operating cost for future commercial units for each design implemented through a demonstration project under this subsection is cost-competitive in the applicable market, including those designs configured as integrated energy systems as described in section 16272(c) of this title;(B) the technology readiness level of a proposed advanced nuclear reactor technology;(C) the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology; and(D) the capacity to meet cost-share requirements of the Department;(3) ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs, which review shall—(A) be conducted by a panel that includes not fewer than 1 representative that does not have a conflict of interest of each within the applicable market of the design of—(i) an electric utility;(ii) an entity that uses high-temperature process heat for manufacturing or industrial processing, such as a petrochemical or synthetic fuel company, a manufacturer of metals or chemicals, or a manufacturer of concrete;(iii) an expert from the investment community;(iv) a project management practitioner; and(v) an environmental health and safety expert; and(B) include a review of each demonstration project under this subsection which shall include consideration of cost-competitiveness and other value streams, together with the technology readiness level, the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology, the capacity to meet cost-share requirements of the Department, if Federal funding is provided, and environmental impacts;(4) for federally funded demonstration projects, enter into cost-sharing agreements with private sector partners in accordance with section 16352 of this title for the conduct of activities relating to the research, development, and demonstration of advanced nuclear reactor designs under the program;(5) consult with—(B) institutions of higher education;(C) traditional end users (such as electric utilities);(D) potential end users of new technologies (such as users of high-temperature process heat for manufacturing processing, including petrochemical or synthetic fuel companies, manufacturers of metals or chemicals, or manufacturers of concrete);(E) developers of advanced nuclear reactor technology;(F) environmental and public health and safety experts; and(G) non-proliferation experts;(6) seek to ensure that the demonstration projects carried out under this section do not cause any delay in the progress of an advanced reactor project by private industry and the Department of Energy that is underway as of December 27, 2020;(7) establish a streamlined approval process for expedited contracting between awardees and the Department;(8) identify technical challenges to candidate technologies;(9) support near-term research and development to address the highest risk technical challenges to the successful demonstration of a selected advanced reactor technology, in accordance with—(A) paragraph (8);(B) the research and development activities under section 16272(b) of this title; and(C) the research and development activities under section 16278 of this title; and(10) establish such technology advisory working groups as the Secretary determines to be appropriate to advise the Secretary regarding the technical challenges identified under paragraph (8) and the scope of research and development programs to address the challenges, in accordance with paragraph (9), to be comprised of—(A) private sector advanced nuclear reactor technology developers;(B) technical experts with respect to the relevant technologies at institutions of higher education;(C) technical experts at the National Laboratories;(D) environmental and public health and safety experts;(E) non-proliferation experts; and(F) any other entities the Secretary determines appropriate.
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(10) establish such technology advisory working groups as the Secretary determines to be appropriate to advise the Secretary regarding the technical challenges identified under paragraph (8) and the scope of research and development programs to address the challenges, in accordance with paragraph (9), to be comprised of—(A) private sector advanced nuclear reactor technology developers;(B) technical experts with respect to the relevant technologies at institutions of higher education;(C) technical experts at the National Laboratories;(D) environmental and public health and safety experts;(E) non-proliferation experts; and(F) any other entities the Secretary determines appropriate.
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(F) any other entities the Secretary determines appropriate.
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(d) The Secretary may carry out demonstration projects under subsection (c) as a milestone-based demonstration project under section 7256c of this title.
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(f) There are authorized to be appropriated to the Secretary to carry out the program under this subsection—(1) $405,000,000 for fiscal year 2021;(2) $405,000,000 for fiscal year 2022;(3) $420,000,000 for fiscal year 2023;(4) $455,000,000 for fiscal year 2024; and(5) $455,000,000 for fiscal year 2025.
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(a) The Secretary shall carry out a program—(1) to collaborate in international efforts with respect to research, development, demonstration, and commercial application of nuclear technology that supports diplomatic, nonproliferation, climate, and international economic objectives for the safe, secure, and peaceful use of such technology;(2) to develop collaboration initiatives with respect to such efforts with a variety of countries through—(A) research and development agreements;(B) the development of coordinated action plans; and(C) new or existing multilateral cooperation commitments including—(i) the International Framework for Nuclear Energy Cooperation;(ii) the Generation IV International Forum;(iii) the International Atomic Energy Agency;(iv) the Organization for Economic Co-operation and Development Nuclear Energy Agency; and(v) any other international collaborative effort with respect to advanced nuclear reactor operations and safety;(3) to support, with the concurrence of the Secretary of State, the safe, secure, and peaceful use of civil nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and(4) to promote the fullest utilization of the reactors, fuel, equipment, services, and technology of United States nuclear energy companies (as defined in subsection (b) of the International Nuclear Energy Act of 2025 [42 U.S.C. 16283]) in civil nuclear energy programs outside the United States through—(A) bilateral and multilateral arrangements developed and executed with the concurrence of the Secretary of State that contain commitments for the utilization of the reactors, fuel, equipment, services, and technology of United States nuclear energy companies (as defined in that subsection);(B) the designation of 1 or more United States nuclear energy companies (as defined in that subsection) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; and(C) the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section.
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(B) the designation of 1 or more United States nuclear energy companies (as defined in that subsection) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; and
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(C) the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section.
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(b) The program under subsection (a) shall be supported in consultation with the Secretary of State and implemented by the Secretary—(1) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as—(A) training;(B) financing;(C) safety;(D) security;(E) safeguards;(F) liability;(G) advanced fuels;(H) operations; and(I) options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 10101 of this title); and(2) in coordination with any Federal agency that the President determines to be appropriate.
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(c) Of funds authorized to be appropriated or otherwise made available to the Secretary to carry out activities related to international civil nuclear energy cooperation, there is authorized to be appropriated for each of fiscal years 2026 through 2030 up to $15,500,000 to carry out this section.
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(a) In carrying out this part, the Secretary shall coordinate activities, and effectively manage crosscutting research priorities across programs of the Department and other relevant Federal agencies, including the National Laboratories.
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(1) In carrying out this part, the Secretary shall collaborate with industry, National Laboratories, other relevant Federal agencies, institutions of higher education, including minority-serving institutions and research reactors, Tribal entities, including Alaska Native Corporations, and international bodies with relevant scientific and technical expertise.
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(2) To the extent practicable, the Secretary shall encourage research projects that promote collaboration between entities specified in paragraph (1).
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(c) The Secretary shall, except to the extent protected from disclosure under section 552(b) of title 5, publish the results of projects supported under this part through Department websites, reports, databases, training materials, and industry conferences, including information discovered after the completion of such projects.
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(d) In carrying out the activities described in this part, the Secretary shall support education and outreach activities to disseminate information and promote public understanding of nuclear energy.
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(e) In carrying out this part, for the purposes of supporting technical, nonhardware, and information-based advances in nuclear energy development and operations, the Secretary shall also conduct technical assistance and analysis activities, including activities that support commercial application of nuclear energy in rural, Tribal, and low-income communities.
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(b) The Secretary shall establish a grant program, to be known as the “Advanced Nuclear Energy Cost-Share Grant Program”, under which the Secretary shall make cost-share grants to applicants for the purpose of funding a portion of the Commission fees of the applicant for pre-application review activities and application review activities.
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(c) The Secretary shall seek out technology diversity in making grants under the program.
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(d) The Secretary shall determine the cost-share amount for each grant under the program in accordance with section 16352 of this title.
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(1) The Secretary shall establish and carry out, through the Office of Nuclear Energy, a program to support the availability of HA–LEU for civilian domestic research, development, demonstration, and commercial use.
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(2) In carrying out the program under paragraph (1), the Secretary—(A) shall develop, in consultation with the Commission, criticality benchmark data to assist the Commission in—(i) the licensing and regulation of special nuclear material fuel fabrication and enrichment facilities under part 70 of title 10, Code of Federal Regulations; and(ii) certification of transportation packages under part 71 of title 10, Code of Federal Regulations;(B) shall conduct research and development, and provide financial assistance to assist commercial entities, to design and license transportation packages for HA–LEU, including canisters for metal, gas, and other HA–LEU compositions;(C) shall, to the extent practicable—(i) by January 1, 2024, support commercial entity submission of such transportation package designs to the Commission for certification by the Commission under part 71 of title 10, Code of Federal Regulations; and(ii) encourage the Commission to have such transportation package designs so certified by the Commission within 24 months after receipt of an application;(D) shall consider options for acquiring or providing HA–LEU from a stockpile of uranium owned by the Department, or using enrichment technology, to make available to members of the consortium established pursuant to subparagraph (F) for commercial use or demonstration projects, taking into account cost and amount of time required, and prioritizing methods that would produce usable HA–LEU the quickest, including options for acquiring or providing HA–LEU—(i) that—(I) directly meets the needs of an end user; and(II) has been previously used or fabricated for another purpose;(ii) that meets the needs of an end user after having radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department removed;(iii) that is produced from high-enriched uranium that is blended with lower assay uranium to become HA–LEU to meet the needs of an end user;(iv) that is produced by Department research, development, and demonstration activities;(v) that is produced in the United States by—(I) a United States-owned commercial entity operating United States-origin technology;(II) a United States-owned commercial entity operating a foreign-origin technology; or(III) a foreign-owned entity operating a foreign-origin technology;(vi) that does not require extraction of uranium or development of uranium from lands managed by the Federal Government, cause harm to the natural or cultural resources of Tribal communities or sovereign Native Nations, or result in degraded ground or surface water quality on publicly managed or privately owned lands; or(vii) that does not negatively impact the availability of HA–LEU by the Department to support the production of medical isotopes, including the medical isotopes defined under the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211);(E) not later than 1 year after December 27, 2020, and biennially thereafter, shall conduct a survey of stakeholders to estimate the quantity of HA–LEU necessary for domestic commercial use for each of the 5 subsequent years;(F) shall establish, and from time to time update, a consortium, which may include entities involved in any stage of the nuclear fuel cycle, to partner with the Department to support the availability of HA–LEU for civilian domestic demonstration and commercial use, including by—(i) providing information to the Secretary for purposes of surveys conducted under subparagraph (E);(ii) purchasing HA–LEU made available by the Secretary to members of the consortium for commercial use under the program; and(G) if applicable, shall, prior to acquiring or providing HA–LEU under subparagraph (H), in coordination with the consortium established pursuant to subparagraph (F), develop a schedule for cost recovery of HA–LEU made available to members of the consortium using HA–LEU for commercial use pursuant to subparagraph (H);(H) shall, beginning not later than 3 years after the establishment of a consortium under subparagraph (F), have the capability to acquire or provide HA–LEU, in order to make such HA–LEU available to members of the consortium beginning not later than January 1, 2026, in amounts that are consistent, to the extent practicable, with—(i) the quantities estimated under the surveys conducted under subparagraph (E); plus(ii) the quantities necessary for demonstration projects carried out under the program, as determined by the Secretary;(I) shall, for advanced reactor demonstration projects, prioritize the provision of HA–LEU made available under this section through a merit-based, competitive selection process; and(J) shall seek to ensure that the activities carried out under this section do not cause any delay in the progress of any HA–LEU project between private industry and the Department that is underway as of December 27, 2020.
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(i) providing information to the Secretary for purposes of surveys conducted under subparagraph (E);
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(ii) purchasing HA–LEU made available by the Secretary to members of the consortium for commercial use under the program; and
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(ii) the quantities necessary for demonstration projects carried out under the program, as determined by the Secretary;(I) shall, for advanced reactor demonstration projects, prioritize the provision of HA–LEU made available under this section through a merit-based, competitive selection process; and
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(A) The requirements of section 3112 of the USEC Privatization Act (42 U.S.C. 2297h–10), except for the requirements of subparagraph (A) of section 3112(d)(2), shall not apply to the provision of enrichment services, or the sale or transfer of HA–LEU for commercial use by the Secretary to a member of the consortium under this subsection.
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(4) The Secretary shall only make available to a member of the consortium under this section for commercial or demonstration project use material that the President has determined is not necessary for national security needs, provided that this available material shall not include any material that the Secretary may determine to be necessary for the National Nuclear Security Administration or other critical Departmental missions.
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(5) The Secretary may not make commitments under this section (including cooperative agreements (used in accordance with section 6305 of title 31), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HA–LEU unless—(A) funds are specifically provided for such purposes in advance in subsequent appropriations Acts, and only to the extent that the full extent of anticipated costs stemming from such commitments is recorded as an obligation up front and in full at the time it is made; or(B) such committing agreement includes a clause conditioning the Federal Government’s obligation on the availability of future year appropriations.
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(6) The authority of the Secretary to carry out the program under this subsection shall expire on the earlier of—(A) September 30, 2034; or(B) 90 days after the date on which HA–LEU is available to provide a reliable and adequate supply for civilian domestic advanced nuclear reactors in the commercial market.
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(7) The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to the final disposition of radioactive waste from uranium that is made available under this subsection.
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(A) Not later than 180 days after December 27, 2020, the Secretary shall submit to Congress a report that describes actions proposed to be carried out by the Secretary under the program described in subsection (a)(1).
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(B) In developing the report under this paragraph, the Secretary shall consult with—(i) the Commission;(ii) suppliers of medical isotopes that have converted their operations to use HA–LEU;(iii) the National Laboratories;(iv) institutions of higher education;(v) a diverse group of entities from the nuclear energy industry;(vi) a diverse group of technology developers;(vii) experts in nuclear nonproliferation, environmental safety, safeguards and security, and public health and safety; and(viii) members of the consortium created under subsection (a)(2)(F).
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(3) Not later than 180 days after December 27, 2020, the Secretary shall, after consulting with relevant entities, including National Laboratories, institutions of higher education, and technology developers, submit to Congress a report identifying any and all options for providing nuclear material, containing isotopes other than the uranium-235 isotope, such as uranium-233 and thorium-232 to be used as fuel for advanced nuclear reactor research, development, demonstration, or commercial application purposes.
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(2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary—(A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and(B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time.
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(2) to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of—(A) advanced nuclear reactor developers; and(B) the consortium;
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(7) to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary—(A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and(B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules.
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(e) The Secretary, consistent with the objectives described in subsection (c), shall—(1) establish a program, to be known as the “Nuclear Fuel Security Program”, to increase the quantity of HALEU and, if determined to be necessary after completion of a market evaluation, LEU produced by U.S. nuclear energy companies;(2) expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and(3) establish a program, to be known as the “HALEU for Advanced Nuclear Reactor Demonstration Projects Program”—(A) to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and(B) where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time.
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(1) In carrying out the Nuclear Fuel Security Program, the Secretary—(A) shall—(i) if determined to be necessary or appropriate based on the completion of a market evaluation, not later than 90 days after December 22, 2023, take actions, including cost-shared financial agreements, milestone-based payments, or other mechanisms, to support commercial availability of LEU and to promote diversity of supply in domestic uranium mining, conversion, enrichment, and deconversion capacity and technologies, including new capacity, among U.S. nuclear energy companies;(ii) not later than 180 days after December 22, 2023, enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies;(iii) utilize only uranium produced, converted, enriched, deconverted, and reduced in—(I) the United States; or(II) if domestic options are not practicable, a country that is an ally or partner of the United States; and(iv) to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and(i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless funds are specifically provided for those purposes in advance in appropriations Acts enacted after March 9, 2024; and(ii) may make a commitment described in clause (i) only—(I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and(II) to the extent of that up-front obligation recorded in full at that time.
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(2) In carrying out paragraph (1)(A)(ii), the Secretary shall consider and, if appropriate, implement—(A) options to ensure the quickest availability of commercially enriched HALEU, including—(i) partnerships between 2 or more commercial enrichers; and(ii) utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities;(B) options to partner with countries that are allies or partners of the United States to provide LEU and HALEU for commercial purposes;(C) options that provide for an array of HALEU—(i) enrichment levels;(ii) output levels to meet demand; and(iii) fuel forms, including uranium metal and oxide; and(D) options—(i) to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program;(ii) to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and(iii) to make HALEU available to other advanced nuclear reactor developers and other end-users.
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(1) expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and(2) in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)—(A) maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (c);(B) utilize only uranium produced, converted, enriched, deconverted, and reduced in—(i) the United States; or(ii) if domestic options are not practicable, a country that is an ally or partner of the United States;(C) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate;(D) refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and(E) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (c).
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(A) maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (c);
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(C) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate;
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(E) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (c).
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(1) On enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate.
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(2) In carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available—(A) by September 30, 2024, not less than 3 metric tons of HALEU;(B) by December 31, 2025, not less than an additional 8 metric tons of HALEU; and(C) by June 30, 2026, not less than an additional 10 metric tons of HALEU.
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(3) In carrying out activities under this subsection, the Secretary shall take into consideration—(A) options for providing HALEU from a stockpile of uranium owned by the Department, including—(i) uranium that has been declared excess to national security needs during or prior to fiscal year 2023;(ii) uranium that—(I) directly meets the needs of advanced nuclear reactor developers; but(II) has been previously used or fabricated for another purpose;(iii) uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste;(iv) uranium from a high-enriched uranium stockpile (excluding stockpiles intended for national security needs), which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and(v) uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department;(B) options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories;(C) options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department;(D) options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1);(E) options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); and(F) options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2).
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(A) The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to—(i) the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or(ii) environmental cleanup activities.
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(B) In carrying out activities under this subsection, the Secretary—(i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless funds are specifically provided for those purposes in advance in appropriations Acts enacted after March 9, 2024; and(ii) may make a commitment described in clause (i) only—(I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and(II) to the extent of that up-front obligation recorded in full at that time.
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(5) The authority of the Secretary to carry out activities under this subsection shall terminate on the earlier of—(A) the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies; and(B) September 30, 2034.
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(1) Except as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if—(A) the activity promotes manufacturing in the United States associated with uranium supply chains; or(B) the activity relies on resources, materials, or equipment developed or produced—(i) in the United States; or(ii) in a country that is an ally or partner of the United States by—(I) the government of that country;(II) an associated entity; or(III) a U.S. nuclear energy company.
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(2) The Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (c).
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(m) The Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs during or prior to fiscal year 2023, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department.
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(o) Not later than 180 days after December 22, 2023, the Secretary shall submit to the appropriate committees of Congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section 18753 of this title, taking into account—(1) the zero-emission nuclear power production credit authorized by section 45U of title 26; and(2) any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program.
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(C) The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under paragraph (1).
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(1) Not later than 2 years after December 18, 2025, the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy.
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(3) In conducting the meetings described in paragraph (1), the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the heads of other relevant Federal agencies and only after initial consultation with the appropriate committees of Congress, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings.
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(1) Not later than 120 days after December 18, 2025, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, shall launch an international initiative (referred to in this subsection as the “initiative”) to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this subsection, embarking civil nuclear nations for activities relating to the development of civil nuclear energy programs.
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(A) In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to award grants of financial assistance in amounts not greater than $5,500,000 to embarking civil nuclear nations in accordance with this paragraph—(i) for activities relating to the development of civil nuclear energy programs; and(ii) to facilitate the building of technical capacities for those activities.
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(B) The Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, may award—(i) not more than 1 grant of financial assistance under subparagraph (A) to any 1 embarking civil nuclear nation each fiscal year; and(ii) not more than a total of 5 grants of financial assistance under subparagraph (A) to any 1 embarking civil nuclear nation.
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(A) In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to provide financial assistance to an embarking civil nuclear nation for the purpose of contracting with a United States nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear nation in establishing a civil nuclear program.
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(n) The Secretary, in consultation with the relevant heads of other Federal departments and agencies, shall implement a program to enhance the global competitiveness of United States persons (as defined in section 1708(d) of title 50) who are nuclear suppliers, investors, or lenders to compete for nuclear projects in foreign countries, including—(1) expediting the conclusion of intergovernmental agreements on nuclear energy and the fuel supply chain with potential export countries;(2) promoting broad adherence to the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415); and(3) encouraging favorable decisions by potential partner countries on the use of nuclear technology, fuel supplies, equipment, and services from the United States.
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(2) Not later than 180 days after December 18, 2025, the Secretary of State, in consultation with the Secretary of Energy, shall submit to the appropriate committees of Congress a strategy—(A) to promote United States nuclear energy exports and United States nuclear energy companies, especially in nations where Rosatom is present;(B) to utilize the tools available to the United States government to discourage civil nuclear nations from partnering with Rosatom;(C) to identify what is necessary to effect a permanent decoupling of the United States from the Russian nuclear industry; and(D) to succeed Rosatom as the primary entity that can provide reactor safety and operation services to the existing Rosatom and Russian-designed and constructed nuclear reactor fleet.
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(1) The Secretary shall carry out research, development, demonstration, and commercial application programs in fossil energy, including activities under this part, with the goal of improving the efficiency, effectiveness, and environmental performance of fossil energy production, upgrading, conversion, and consumption.
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(3) In carrying out the objectives described in subparagraphs (F) through (K) of paragraph (2), the Secretary shall prioritize activities and strategies that have the potential to significantly reduce emissions for each technology relevant to the applicable objective and the international commitments of the United States.
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(b) There are authorized to be appropriated to the Secretary to carry out fossil energy research, development, demonstration, and commercial application activities, including activities authorized under this part—(1) $611,000,000 for fiscal year 2007;(2) $626,000,000 for fiscal year 2008; and(3) $641,000,000 for fiscal year 2009.
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(d) There are authorized to be appropriated to the Secretary for the Office of Arctic Energy established under section 7144d of this title $25,000,000 for each of fiscal years 2010 through 2012.
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(viii) any other technology the Secretary recognizes as transformational technology.
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(1) The Secretary shall establish a carbon capture technology program for the development of transformational technologies that will significantly improve the efficiency, effectiveness, costs, emissions reductions, and environmental performance of coal and natural gas use, including in manufacturing and industrial facilities.
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(3) In consultation with the interested entities described in paragraph (6)(C), the Secretary shall develop goals and objectives for the program to be applied to the transformational technologies developed within the program, taking into consideration the following:(A) Increasing the performance of coal electric generation facilities and natural gas electric generation facilities, including by—(i) ensuring reliable, low-cost power from new and existing coal electric generation facilities and natural gas electric generation facilities;(ii) achieving high conversion efficiencies;(iii) addressing emissions of carbon dioxide and other air pollutants;(iv) developing small-scale and modular technologies to support incremental capacity additions and load following generation, in addition to large-scale generation technologies;(v) supporting dispatchable operations for new and existing applications of coal and natural gas generation; and(vi) accelerating the development of technologies that have transformational energy conversion characteristics.(B) Using carbon capture, utilization, and sequestration technologies to decrease the carbon dioxide emissions, and the environmental impact from carbon dioxide emissions, from new and existing coal electric generation facilities and natural gas electric generation facilities, including by—(i) accelerating the development, deployment, and commercialization of technologies to capture and sequester carbon dioxide emissions from new and existing coal electric generation facilities and natural gas electric generation facilities;(ii) supporting sites for safe geological storage of large volumes of anthropogenic sources of carbon dioxide and the development of the infrastructure needed to support a carbon dioxide utilization and storage industry;(iii) improving the conversion, utilization, and storage of carbon dioxide produced from fossil fuels and other anthropogenic sources of carbon dioxide;(iv) lowering greenhouse gas emissions for all fossil fuel production, generation, delivery, and use, to the maximum extent practicable;(v) developing carbon utilization technologies, products, and methods, including carbon use and reuse for commercial application;(vi) developing net-negative carbon dioxide emissions technologies; and(vii) developing technologies for the capture of carbon dioxide produced during the production of hydrogen from natural gas.(C) Decreasing the non-carbon dioxide relevant environmental impacts of coal and natural gas production, including by—(i) further reducing non-carbon dioxide air emissions; and(ii) reducing the use, and managing the discharge, of water in power plant operations.(D) Accelerating the development of technologies to significantly decrease emissions from manufacturing and industrial facilities, including—(i) nontraditional fuel manufacturing facilities, including ethanol or other biofuel production plants or hydrogen production plants; and(ii) energy-intensive manufacturing facilities that produce carbon dioxide as a byproduct of operations.(E) Entering into cooperative agreements to carry out and expedite demonstration projects (including pilot projects) to demonstrate the technical and commercial viability of technologies to reduce carbon dioxide emissions released from coal electric generation facilities and natural gas electric generation facilities for commercial deployment.(F) Identifying any barriers to the commercial deployment of any technologies under development for the capture of carbon dioxide produced by coal electric generation facilities and natural gas electric generation facilities.
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(A) In carrying out the program, the Secretary shall establish a demonstration program under which the Secretary, through a competitive, merit-reviewed process, shall enter into cooperative agreements by not later than September 30, 2025, for demonstration projects to demonstrate the construction and operation of 6 facilities to capture carbon dioxide from coal electric generation facilities, natural gas electric generation facilities, and industrial facilities.
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(B) The Secretary, to the maximum extent practicable, shall provide technical assistance to any eligible entity seeking to enter into a cooperative agreement described in subparagraph (A) for the purpose of obtaining any necessary permits and licenses to demonstrate qualifying technologies.
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(C) The Secretary may enter into cooperative agreements under subparagraph (A) with industry stakeholders, including any industry stakeholder operating in partnership with the National Laboratories, institutions of higher education, multiinstitutional collaborations, and other appropriate entities.
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(i) In carrying out the program, the Secretary shall establish a carbon capture technology commercialization program to demonstrate substantial improvements in the efficiency, effectiveness, cost, and environmental performance of carbon capture technologies for power, industrial, and other commercial applications.
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(ii) In reviewing applications submitted under clause (i), the Secretary, to the maximum extent practicable, shall—(I) ensure a broad geographic distribution of project sites;(II) ensure that a broad selection of electric generation facilities are represented;(III) ensure that a broad selection of technologies are represented; and(IV) leverage existing public-private partnerships and Federal resources.
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(ii) The Secretary shall—(I) consider any relevant recommendations, as determined by the Secretary, provided in the report required under clause (i)(I); and(II) adopt such recommendations as the Secretary considers appropriate.
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(I) consider any relevant recommendations, as determined by the Secretary, provided in the report required under clause (i)(I); and
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(II) adopt such recommendations as the Secretary considers appropriate.
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(i) Not later than 180 days after the date on which the Secretary solicits applications under subparagraph (G), and annually thereafter, the Secretary shall submit to the appropriate committees of jurisdiction of the Senate and the House of Representatives a report that includes a detailed description of how the applications under the demonstration program established under subparagraph (A) were or will be solicited and how the applications were or will be evaluated, including—(I) a list of any activities carried out by the Secretary to solicit or evaluate the applications; and(II) a process for ensuring that any projects carried out under a cooperative agreement entered into under subparagraph (A) are designed to result in the development or demonstration of qualifying technologies.
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(I) a list of any activities carried out by the Secretary to solicit or evaluate the applications; and
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(ii) The Secretary shall include—(I) in the first report required under clause (i), a detailed list of technical milestones for the development and demonstration of each qualifying technology pursued under the demonstration program established under subparagraph (A);(II) in each subsequent report required under clause (i), a description of the progress made towards achieving the technical milestones described in subclause (I) during the applicable period covered by the report; and(III) in each report required under clause (i)—(aa) an estimate of the cost of licensing, permitting, constructing, and operating each carbon capture facility expected to be constructed under the demonstration program established under subparagraph (A);(bb) a schedule for the planned construction and operation of each demonstration or pilot project under the demonstration program; and
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(5) The carbon capture, utilization, and sequestration activities described in paragraph (3)(B) shall be carried out by the Assistant Secretary for Fossil Energy, in coordination with the heads of other relevant offices of the Department and the National Laboratories.
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(6) In carrying out the program, the Secretary shall—(A) undertake international collaborations, taking into consideration the recommendations of the National Coal Council and the National Petroleum Council;(B) use existing authorities to encourage international cooperation; and(C) consult with interested entities, including—(i) coal and natural gas producers;(ii) industries that use coal and natural gas;(iii) organizations that promote coal, advanced coal, and natural gas technologies;(iv) environmental organizations;(v) organizations representing workers; and(vi) organizations representing consumers.
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(1) Not later than 18 months after December 27, 2020, the Secretary shall submit to Congress a report describing the program goals and objectives adopted under subsection (b)(3).
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(2) Not less frequently than once every 2 years after the initial report is submitted under paragraph (1), the Secretary shall submit to Congress a report describing the progress made towards achieving the program goals and objectives adopted under subsection (b)(3).
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(1) There are authorized to be appropriated to the Secretary to carry out this section, to remain available until expended—(A) for activities under the research and development program component described in subsection (b)(2)(A)—(i) $230,000,000 for each of fiscal years 2021 and 2022; and(ii) $150,000,000 for each of fiscal years 2023 through 2025;(B) subject to paragraph (2), for activities under the large-scale pilot projects program component described in subsection (b)(2)(B)—(i) $225,000,000 for each of fiscal years 2021 and 2022;(ii) $200,000,000 for each of fiscal years 2023 and 2024; and(iii) $150,000,000 for fiscal year 2025;(C) for activities under the demonstration projects program component described in subsection (b)(2)(C)—(i) $500,000,000 for each of fiscal years 2021 though 2024; and(ii) $600,000,000 for fiscal year 2025;(D) for activities under the front-end engineering and design program described in subsection (b)(2)(D), $50,000,000 for each of fiscal years 2021 through 2024; and(E) for activities under the front-end engineering and design program described in subsection (b)(2)(E), $100,000,000 for the period of fiscal years 2022 through 2026.
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(1) Not later than 2 years after December 27, 2020, the Secretary shall award grants to 1 or more entities for the operation of 1 or more test centers (referred to in this subsection as a “Center”) to provide distinct testing capabilities for innovative carbon capture technologies.
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(B) The Secretary shall select entities to receive grants under this subsection on a competitive basis.
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(C) In selecting entities to receive grants under this subsection, the Secretary shall prioritize consideration of applicants that—(i) have access to existing or planned research facilities for carbon capture technologies;(ii) are institutions of higher education with established expertise in engineering for carbon capture technologies, or partnerships with such institutions of higher education; or(iii) have access to existing research and test facilities for bulk materials design and testing, component design and testing, or professional engineering design.
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(D) In selecting entities to receive grants under this subsection, the Secretary shall prioritize carbon capture test centers in existence on December 27, 2020.
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(4) The Secretary may develop a formula for awarding grants under this subsection.
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(B) The Secretary may renew a grant for 1 or more additional 5-year terms, subject to a competitive merit review and the availability of appropriations.
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(6) To the extent otherwise authorized by law, the Secretary may eliminate, and terminate grant funding under this subsection for, a Center during any 5-year term described in paragraph (5) if the Secretary determines that the Center is underperforming.
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(1) The Secretary shall establish a program of research, development, demonstration, and commercialization for carbon storage.
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(3) In carrying out research activities under this subsection, the Secretary shall consider a variety of candidate onshore and offshore geologic settings, including—(A) operating oil and gas fields;(B) depleted oil and gas fields;(C) residual oil zones;(D) unconventional reservoirs and rock types;(E) unmineable coal seams;(F) saline formations in both sedimentary and basaltic geologies;(G) geologic systems that may be used as engineered reservoirs to extract economical quantities of brine from geothermal resources of low permeability or porosity; and(H) geologic systems containing in situ carbon dioxide mineralization formations.
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(2) In carrying out paragraph (1), the Secretary may provide additional funding to regional carbon sequestration partnerships that are carrying out or have completed a large-scale carbon sequestration demonstration project under this section (as in effect on the day before December 27, 2020) for additional work on that project.
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(5) Not later than 1 year after December 27, 2020, the Secretary 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 that—(A) assesses the progress of all regional carbon sequestration partnerships carrying out a demonstration project under this subsection;(B) identifies the remaining challenges in achieving large-scale carbon sequestration that is reliable and safe for the environment and public health; and(C) creates a roadmap for carbon storage research and development activities of the Department through 2025, with the goal of reducing economic and policy barriers to commercial carbon sequestration.
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(1) The Secretary may transition large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes.
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(2) The goals and objectives of the Secretary in seeking to transition large-scale carbon sequestration demonstration projects into integrated commercial storage complexes under paragraph (1) shall be—(A) to identify geologic storage sites that are able to accept large volumes of carbon dioxide acceptable for commercial contracts;(B) to understand the technical and commercial viability of carbon dioxide geologic storage sites; and(C) to carry out any other activities necessary to transition the large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes.
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(1) The Secretary shall establish a commercialization program under which the Secretary shall provide funding for the development of new or expanded commercial large-scale carbon sequestration projects and associated carbon dioxide transport infrastructure, including funding for the feasibility, site characterization, permitting, and construction stages of project development.
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(A) To be eligible to enter into an agreement with the Secretary for funding under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
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(B) The Secretary shall establish an application process that, to the maximum extent practicable—(i) is open to projects at any stage of development described in paragraph (1); and(ii) facilitates expeditious development of projects described in that paragraph.
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(C) In selecting projects for funding under paragraph (1), the Secretary shall give priority to—(i) projects with substantial carbon dioxide storage capacity; or(ii) projects that will store carbon dioxide from multiple carbon capture facilities.
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(f) In making competitive awards under this section, subject to the requirements of section 16353 of this title, the Secretary shall—(1) with respect to the research, development, demonstration program components described in subsections (b) through (d) give preference to proposals from partnerships among industrial, academic, and government entities; and(2) require recipients to provide assurances that all laborers and mechanics employed by contractors and subcontractors in the construction, repair, or alteration of new or existing facilities performed in order to carry out a demonstration or commercial application activity authorized under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, and the Secretary of Labor shall, with respect to the labor standards in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix) and section 3145 of title 40.
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(2) require recipients to provide assurances that all laborers and mechanics employed by contractors and subcontractors in the construction, repair, or alteration of new or existing facilities performed in order to carry out a demonstration or commercial application activity authorized under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, and the Secretary of Labor shall, with respect to the labor standards in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix) and section 3145 of title 40.
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(h) There is authorized to be appropriated to the Secretary to carry out this section $2,500,000,000 for the period of fiscal years 2022 through 2026.
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(a) The Secretary shall carry out a program for research and development on coal mining technologies.
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(b) In carrying out the program, the Secretary shall cooperate with appropriate Federal agencies, coal producers, trade associations, equipment manufacturers, institutions of higher education with mining engineering departments, and other relevant entities.
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(a) The Secretary shall conduct a program of research, development, demonstration, and commercial application of oil and gas, including—(1) exploration and production;(2) gas hydrates;(3) reservoir life and extension;(4) transportation and distribution infrastructure;(5) ultraclean fuels;(6) heavy oil, oil shale, and tar sands; and(7) related environmental research.
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(c) Not later than 2 years after August 8, 2005, and every 2 years thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall submit to Congress a report on the latest estimates of natural gas and oil reserves, reserves growth, and undiscovered resources in Federal and State waters off the coast of Louisiana, Texas, Alabama, and Mississippi.
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(1) The Secretary shall establish a national center or consortium of excellence in clean energy and power generation, using the resources of the Clean Power and Energy Research Consortium in existence on August 8, 2005, to address the critical dependence of the United States on energy and the need to reduce emissions.
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(b) The Secretary shall establish a program of research, development, demonstration, and commercial application to maximize the productive capacity of marginal wells and reservoirs.
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(c) Under the program, the Secretary shall collect data on—(1) the status and location of marginal wells and oil and gas reservoirs;(2) the production capacity of marginal wells and oil and gas reservoirs;(3) the location of low-pressure gathering facilities and pipelines; and(4) the quantity of natural gas vented or flared in association with crude oil production.
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(d) Under the program, the Secretary shall—(1) estimate the remaining producible reserves based on variable pipeline pressures; and(2) recommend measures that will enable the continued production of those resources.
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The Secretary, in coordination with industry leaders in extended research drilling technology, shall establish a Complex Well Technology Testing Facility at the Rocky Mountain Oilfield Testing Center to increase the range of extended drilling technologies.
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(a) The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall carry out a program of research, development, demonstration, and commercialization relating to carbon utilization.
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(b) Under the program described in subsection (a), the Secretary shall—(1) assess and monitor—(A) potential changes in lifecycle carbon dioxide and other greenhouse gas emissions; and(B) other environmental safety indicators of new technologies, practices, processes, or methods used in enhanced hydrocarbon recovery as part of the activities authorized under section 16293 of this title;(2) identify and evaluate novel uses for carbon (including conversion of carbon oxides) that, on a full lifecycle basis, achieve a permanent reduction, or avoidance of a net increase, in carbon dioxide in the atmosphere, for use in commercial and industrial products such as—(A) chemicals;(B) plastics;(C) building materials;(D) fuels;(E) cement;(F) products of coal utilization in power systems or in other applications; and(G) other products with demonstrated market value;(3) identify and assess carbon capture technologies for industrial systems; and(4) identify and assess alternative uses for coal that result in zero net emissions of carbon dioxide or other pollutants, including products derived from carbon engineering, carbon fiber, and coal conversion methods.
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(c) In supporting demonstration and commercialization research under the program described in subsection (a), the Secretary shall prioritize consideration of projects that—(1) have access to a carbon dioxide emissions stream generated by a stationary source in the United States that is capable of supplying not less than 250 metric tons per day of carbon dioxide for research;(2) have access to equipment for testing small-scale carbon dioxide utilization technologies, with onsite access to larger test bays for scale-up; and(3) have 1 or more existing partnerships with a National Laboratory, an institution of higher education, a private company, or a State or other government entity.
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(d) The Secretary shall coordinate the activities authorized under this section with the activities authorized in section 16298a of this title as part of a single consolidated program of the Department.
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(e) There is authorized to be appropriated to the Secretary to carry out this section $50,000,000, to remain available until expended.
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(a) The Secretary shall establish a program of research, development, and demonstration for carbon utilization—(1) to assess and monitor—(A) potential changes in lifecycle carbon dioxide and other greenhouse gas emissions; and(B) other environmental safety indicators of new technologies, practices, processes, or methods used in enhanced hydrocarbon recovery as part of the activities authorized under section 16293 of this title;(2) to identify and assess novel uses for carbon, including the conversion of carbon and carbon oxides for commercial and industrial products and other products with potential market value;(3) to develop or obtain, in coordination with other applicable Federal agencies and standard-setting organizations, standards and certifications, as appropriate, to facilitate the commercialization of the products and technologies described in paragraph (2);(4) to identify and assess carbon capture technologies for industrial systems; and(5) to identify and assess alternative uses for raw coal and processed coal products in all phases that result in no significant emissions of carbon dioxide or other pollutants, including products derived from carbon engineering, carbon fiber, and coal conversion methods.
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(1) Not later than 180 days after December 27, 2020, as part of the program established under subsection (a), the Secretary shall establish a 2-year demonstration program in each of the 2 major coal-producing regions of the United States for the purpose of partnering with private institutions in coal mining regions to accelerate the commercial deployment of coal-carbon products.
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(A) Not later than 1 year after November 15, 2021, the Secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph (D).
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(C) Eligible entities desiring a grant under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
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(1) In carrying out the program under subsection (a), the Secretary shall establish and operate a national Carbon Utilization Research Center (referred to in this subsection as the “Center”), which shall focus on early stage research and development activities including—(A) post-combustion and pre-combustion capture of carbon dioxide;(B) advanced compression technologies for new and existing fossil fuel-fired power plants;(C) technologies to convert carbon dioxide to valuable products and commodities; and(D) advanced carbon dioxide storage technologies that consider a range of storage regimes.
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(2) The Secretary shall—(A) select the Center under this subsection on a competitive, merit-reviewed basis; and(B) consider applications from the National Laboratories, institutions of higher education, multiinstitutional collaborations, and other appropriate entities.
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(3) In selecting the Center under this subsection, the Secretary shall prioritize carbon utilization research centers in existence on December 27, 2020.
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(5) On the expiration of any period of support of the Center, the Secretary may renew support for the Center, on a merit-reviewed basis, for a period of not more than 5 years.
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(6) Consistent with the existing authorities of the Department, the Secretary may terminate the Center for cause during the performance period.
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(d) There are authorized to be appropriated to the Secretary to carry out this section—(1) $41,000,000 for fiscal year 2022;(2) $65,250,000 for fiscal year 2023;(3) $66,562,500 for fiscal year 2024;(4) $67,940,625 for fiscal year 2025; and(5) $69,387,656 for fiscal year 2026.
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(e) The Secretary shall coordinate the activities authorized in this section with the activities authorized in section 16298 of this title as part of one consolidated program at the Department. Nothing in section 16298 of this title shall be construed as limiting the authorities provided in this section.
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(a) The Secretary, acting through the Assistant Secretary for Fossil Energy (referred to in this section as the “Secretary”), shall establish a multiyear, multiphase program (referred to in this section as the “program”) of research, development, and technology demonstration to improve the efficiency of gas turbines used in power generation systems and aviation.
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(8) include any other elements necessary to achieve the goals described in subsection (c), as determined by the Secretary, in consultation with private industry.
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(2) If a goal described in paragraph (1) has been achieved, the Secretary, in consultation with private industry and the National Academy of Sciences, may develop additional goals or phases for advanced gas turbine research and development.
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(1) The Secretary may provide financial assistance, including grants, to carry out the program.
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(2) Not later than 180 days after December 27, 2020, the Secretary shall solicit proposals from industry, small businesses, universities, and other appropriate parties for conducting activities under this section.
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(3) In selecting proposed projects to receive financial assistance under this subsection, the Secretary shall give special consideration to the extent to which the proposed project will—(A) stimulate the creation or increased retention of jobs in the United States; and(B) promote and enhance technology leadership in the United States.
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(4) The Secretary shall provide financial assistance under this subsection on a competitive basis, with an emphasis on technical merit.
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(A) Each fiscal year, of funds made available to the National Energy Technology Laboratory, the Secretary may deposit an amount, not to exceed the rate made available to the National Laboratories for laboratory-directed research and development, in a special fund account.
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(i) shall be administered by the Secretary;
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(4) Annually, the Secretary 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 on the use of the authority provided under this subsection during the preceding fiscal year.
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(d) Not later than 2 years after December 27, 2020, the Secretary 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 assessing the management and research activities of the National Energy Technology Laboratory, which shall include—(1) an assessment of the quality of science and research at the National Energy Technology Laboratory, relative to similar work at other National Laboratories;(3) recommendations for policy changes within the Department and legislative changes to provide the National Energy Technology Laboratory with the necessary tools and resources to advance the research mission of the National Energy Technology Laboratory.
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(a) The Secretary, in coordination with the heads of appropriate Federal agencies, including the Secretary of Agriculture, shall establish a research, development, and demonstration program (referred to in this section as the “program”) to test, validate, or improve technologies and strategies to remove carbon dioxide from the atmosphere on a large scale.
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(b) The Secretary shall ensure that the program includes the coordinated participation of the Office of Fossil Energy, the Office of Science, and the Office of Energy Efficiency and Renewable Energy.
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(d) In developing and identifying carbon removal technologies and strategies under the program, the Secretary shall consider—(1) land use changes, including impacts on natural and managed ecosystems;(2) ocean acidification;(3) net greenhouse gas emissions;(4) commercial viability;(5) potential for near-term impact;(6) potential for carbon reductions on a gigaton scale; and(7) economic cobenefits.
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(2) Not later than 2 years after December 27, 2020, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish as part of the program a competitive technology prize competition to award prizes for—(A) precommercial carbon dioxide capture from dilute media; and(B) commercial applications of direct air capture technologies.
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(3) In carrying out this subsection, the Secretary, in accordance with section 3719 of title 15, shall develop requirements for—(A) the prize competition process; and(B) monitoring and verification procedures for projects selected to receive a prize under the prize competition.
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(i) meet minimum performance standards set by the Secretary;
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(ii) meet minimum levels set by the Secretary for the capture of carbon dioxide from dilute media; and
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(i) With respect to projects described in paragraph (2)(B), the Secretary shall award prizes under the prize competition to qualified direct air capture facilities for metric tons of qualified carbon dioxide captured and verified at the point of disposal, injection, or utilization.
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(II) shall be determined by the Secretary and in any case shall not exceed—(aa) $180 for qualified carbon dioxide captured and stored in saline storage formations;(bb) a lesser amount, as determined by the Secretary, for qualified carbon dioxide captured and stored in conjunction with enhanced oil recovery operations; or(cc) a lesser amount, as determined by the Secretary, for qualified carbon dioxide captured and utilized in any activity consistent with section 45Q(f)(5) of title 26.
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(bb) a lesser amount, as determined by the Secretary, for qualified carbon dioxide captured and stored in conjunction with enhanced oil recovery operations; or
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(cc) a lesser amount, as determined by the Secretary, for qualified carbon dioxide captured and utilized in any activity consistent with section 45Q(f)(5) of title 26.
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(iii) The Secretary shall make awards under this subparagraph until appropriated funds are expended.
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(1) Not later than 2 years after December 27, 2020, the Secretary shall award grants to 1 or more entities for the operation of 1 or more test centers (referred to in this subsection as a “Center”) to provide distinct testing capabilities for innovative direct air capture and storage technologies.
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(B) The Secretary shall select entities to receive grants under this subsection on a competitive basis.
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(C) In selecting entities to receive grants under this subsection, the Secretary shall prioritize consideration of applicants that—(i) have access to existing or planned research facilities for direct air capture and storage technologies;(ii) are institutions of higher education with established expertise in engineering for direct air capture and storage technologies, or partnerships with such institutions of higher education; or(iii) have access to existing research and test facilities for bulk materials design and testing, component design and testing, or professional engineering design.
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(4) The Secretary may develop a formula for awarding grants under this subsection.
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(B) The Secretary may renew a grant for 1 or more additional 5-year terms, subject to a competitive merit review and the availability of appropriations.
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(6) To the extent otherwise authorized by law, the Secretary may eliminate, and terminate grant funding under this subsection for, a Center during any 5-year term described in paragraph (5) if the Secretary determines that the Center is underperforming.
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(g) In supporting the technology development activities under this section, the Secretary is encouraged to support carbon removal pilot and demonstration projects, including—(1) pilot projects that test direct air capture systems capable of capturing 10 to 100 tonnes of carbon oxides per year to provide data for demonstration-scale projects; and(2) direct air capture demonstration projects capable of capturing greater than 1,000 tonnes of carbon oxides per year.
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(h) In carrying out the program, the Secretary shall encourage and promote collaborations among relevant offices and agencies within the Department.
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(i) The Secretary shall collaborate with the Administrator of the Environmental Protection Agency and the heads of other relevant Federal agencies to develop and improve accounting frameworks and tools to accurately measure carbon removal and sequestration methods and technologies.
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(A) The Secretary shall establish a program under which the Secretary shall provide funding for eligible projects that contribute to the development of 4 regional direct air capture hubs described in subparagraph (B).
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(ii) The Secretary shall solicit applications for funding for eligible projects on a recurring basis after the first round of applications is received under clause (i) until all amounts appropriated to carry out this subsection are expended.
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(B) Not later than 3 years after the date of the deadline for the submission of proposals under subparagraph (A)(i), the Secretary shall select eligible projects described in paragraph (2)(A).
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(C) The Secretary shall select eligible projects under subparagraph (B) using the following criteria:(i) To the maximum extent practicable, each eligible project shall be located in a region with—(I) existing carbon-intensive fuel production or industrial capacity; or(II) carbon-intensive fuel production or industrial capacity that has retired or closed in the preceding 10 years.(ii) To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the United States.(iii) To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization.(iv) To the maximum extent practicable, eligible projects shall contribute to the development of at least 2 regional direct air capture hubs located in economically distressed communities in the regions of the United States with high levels of coal, oil, or natural gas resources.(v) The Secretary shall give priority to eligible projects that, as compared to other eligible projects, will contribute to the development of regional direct air capture hubs with larger initial capacity, greater potential for expansion, and lower levelized cost per ton of carbon dioxide removed from the atmosphere.
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(v) The Secretary shall give priority to eligible projects that, as compared to other eligible projects, will contribute to the development of regional direct air capture hubs with larger initial capacity, greater potential for expansion, and lower levelized cost per ton of carbon dioxide removed from the atmosphere.
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(D) To the maximum extent practicable, in carrying out the program under this subsection, the Secretary shall take into account and coordinate with activities of the carbon capture technology program established under section 16292(b)(1) of this title, the carbon storage validation and testing program established under section 16293(b)(1) of this title, and the CIFIA program established under section 16372(a) of this title such that funding from each of the programs is leveraged to contribute toward the development of integrated regional and interregional carbon capture, removal, transport, sequestration, and utilization networks.
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(E) The Secretary may make grants to, or enter into cooperative agreements or contracts with, each eligible project selected under subparagraph (B) to accelerate commercialization of, and demonstrate the removal, processing, transport, sequestration, and utilization of, carbon dioxide captured from the atmosphere.
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(4) There is authorized to be appropriated to the Secretary to carry out this subsection $3,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.
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(k) There are authorized to be appropriated to the Secretary to carry out this section—(1) $175,000,000 for fiscal year 2021, of which—(A) $15,000,000 shall be used to carry out subsection (e)(2)(A), to remain available until expended; and(B) $100,000,000 shall be used to carry out subsection (e)(2)(B), to remain available until expended;(2) $63,500,000 for fiscal year 2022;(3) $66,150,000 for fiscal year 2023;(4) $69,458,000 for fiscal year 2024; and(5) $72,930,000 for fiscal year 2025.
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(b) Not later than 180 days after December 27, 2020, the Secretary of Energy (in this section referred to as the “Secretary”), in consultation with the heads of any other relevant Federal agencies, shall prepare a report that—(1) estimates the magnitude of excess carbon dioxide in the atmosphere that will need to be removed by 2050 to achieve net-zero emissions and stabilize the climate;(2) inventories current and emerging approaches of carbon dioxide removal and evaluates the advantages and disadvantages of each of the approaches; and(3) identifies recommendations for legislation, funding, rules, revisions to rules, financing mechanisms, or other policy tools that the Federal Government can use to sufficiently advance the deployment of carbon dioxide removal projects in order to meet, in the aggregate, the magnitude of needed removals estimated under paragraph (1), including policy tools, such as—(A) grants;(B) loans or loan guarantees;(C) public-private partnerships;(D) direct procurement;(E) incentives, including subsidized Federal financing mechanisms available to project developers;(F) advance market commitments;(G) regulations; and
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(c) The Secretary shall—(1) submit the report prepared under subsection (b) to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives; and(2) as soon as practicable after completion of the report, make the report publicly available.
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(1) Not later than 2 years after the date on which the Secretary publishes the report under subsection (c)(2), and every 2 years thereafter, the Secretary shall evaluate the findings and recommendations of the report, or the most recent updated report submitted under paragraph (2)(B), as applicable, taking into consideration any issues and recommendations identified by the task force established under subsection (e)(1).
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(2) After completing each evaluation under paragraph (1), the Secretary shall—(A) revise the report as necessary; and(B) if the Secretary revises the report under subparagraph (A), submit and publish the updated report in accordance with subsection (c).
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(B) if the Secretary revises the report under subparagraph (A), submit and publish the updated report in accordance with subsection (c).
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(1) Not later than 60 days after December 27, 2020, the Secretary shall establish a task force—(A) to identify barriers to advancement of carbon dioxide removal methods and the deployment of carbon dioxide removal projects;(B) to inventory existing or potential Federal legislation, rules, revisions to rules, financing mechanisms, or other policy tools that are capable of advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects;(C) to assist in preparing the report described in subsection (b) and any updates to the report under subsection (d); and(D) to advise the Secretary on matters pertaining to carbon dioxide removal.
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(D) to advise the Secretary on matters pertaining to carbon dioxide removal.
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(2) The Secretary shall—(A) develop criteria for the selection of members to the task force established under paragraph (1); and(B) select members for the task force in accordance with the criteria developed under subparagraph (A).
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(4) Not later than 7 years after December 27, 2020, the Secretary shall—(A) reevaluate the need for the task force established under paragraph (1); and(B) submit to Congress a recommendation as to whether the task force should continue.
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(a) The Secretary shall conduct, through the Office of Science, programs of research, development, demonstration, and commercial application in high energy physics, nuclear physics, biological and environmental research, basic energy sciences, advanced scientific computing research, and fusion energy sciences, including activities described in this part. The programs shall include support for facilities and infrastructure, education, outreach, information, analysis, and coordination activities.
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(b) There are authorized to be appropriated to the Secretary to carry out research, development, demonstration, and commercial application activities of the Office of Science, including activities authorized under this part (including the amounts authorized under the amendment made by section 976(b)1 and including basic energy sciences, advanced scientific and computing research, biological and environmental research, fusion energy sciences, high energy physics, nuclear physics, research analysis, and infrastructure support)—(1) $4,153,000,000 for fiscal year 2007;(2) $4,586,000,000 for fiscal year 2008;(3) $5,200,000,000 for fiscal year 2009;(4) $5,814,000,000 for fiscal year 2010;(5) $5,247,000,000 for fiscal year 2011;(6) $5,614,000,000 for fiscal year 2012; and(7) $6,007,000,000 for fiscal year 2013.
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(d) In addition to amounts otherwise authorized by this section, there are authorized to be appropriated to the Secretary for integrated bioenergy research and development programs, projects, and activities, $49,000,000 for each of the fiscal years 2005 through 2009. Activities funded under this subsection shall be coordinated with ongoing related programs of other Federal agencies, including the Plant Genome Program of the National Science Foundation. Of the funds authorized under this subsection, at least $5,000,000 for each fiscal year shall be for training and education targeted to minority and socially disadvantaged farmers and ranchers.
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(1) Not later than 180 days after August 8, 2005, the Secretary shall submit to Congress a plan (with proposed cost estimates, budgets, and lists of potential international partners) for the implementation of the policy described in subsection (a) in a manner that ensures that—(A) existing fusion research facilities are more fully used;(B) fusion science, technology, theory, advanced computation, modeling, and simulation are strengthened;(C) new magnetic and inertial fusion research and development facilities are selected based on scientific innovation and cost effectiveness, and the potential of the facilities to advance the goal of practical fusion energy at the earliest date practicable;(D) facilities that are selected are funded at a cost-effective rate;(E) communication of scientific results and methods between the fusion energy science community and the broader scientific and technology communities is improved;(F) inertial confinement fusion facilities are used to the extent practicable for the purpose of inertial fusion energy research and development;(G) attractive alternative inertial and magnetic fusion energy approaches are more fully explored; and(H) to the extent practicable, the recommendations of the Fusion Energy Sciences Advisory Committee in the report on workforce planning, dated March 2004, are carried out, including periodic reassessment of program needs.
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(2) Not later than 1 year after the date of enactment of this section, the Secretary shall submit to Congress a report providing an assessment of the most recent schedule for ITER that has been approved by the ITER Council.
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(3) Out of funds authorized to be appropriated under section 18645(o) of this title, there shall be made available to the Secretary to carry out the construction of ITER—(A) $374,000,000 for fiscal year 2021;(B) $379,700,000 for fiscal year 2023;(C) $419,250,000 for fiscal year 2024;(D) $415,000,000 for fiscal year 2025;(E) $370,500,000 for fiscal year 2026; and(F) $411,078,000 for fiscal year 2027.
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(1) The Secretary shall carry out a research initiative, to be known as the “Solar Fuels Research Initiative” (referred to in this section as the “Initiative”) to expand theoretical and fundamental knowledge of photochemistry, electrochemistry, biochemistry, and materials science useful for the practical development of experimental systems to convert solar energy to chemical energy.
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(2) In carrying out programs and activities under the Initiative, the Secretary shall leverage expertise and resources from—(A) the Basic Energy Sciences Program and the Biological and Environmental Research Program of the Office of Science; and(B) the Office of Energy Efficiency and Renewable Energy.
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(A) In carrying out the Initiative, the Secretary shall organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector.
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(C) The Secretary shall provide sufficient resources to the multidisciplinary teams described in subparagraph (A) to achieve the goals described in subparagraph (B) over a period of time to be determined by the Secretary.
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(4) The Secretary may organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures.
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(1) The Secretary shall carry out under the Initiative a program to support research needed to bridge scientific barriers to, and discover knowledge relevant to, artificial photosynthetic systems.
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(B) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
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(3) The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
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(4) Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2023 through 2027.
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(1) The Secretary shall carry out under the Initiative a program to support research needed to replicate natural photosynthetic processes by use of artificial photosynthetic components and materials.
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(C) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
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(3) The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
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(4) Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2023 through 2027.
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(a) The Secretary shall conduct a program of fundamental research and development in support of programs authorized under subchapter VIII.
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(1) The Secretary shall carry out a research initiative, to be known as the “Electricity Storage Research Initiative” (referred to in this section as the “Initiative”)—(A) to expand theoretical and fundamental knowledge to control, store, and convert—(i) electrical energy to chemical energy; and(ii) chemical energy to electrical energy;(B) to support scientific inquiry into the practical understanding of chemical and physical processes that occur within systems involving crystalline and amorphous solids, polymers, and organic and aqueous liquids; and(C) to ensure the competitiveness of the United States in energy storage by fostering an ecosystem linking fundamental research and development to deployment of storage solutions while minimizing the environmental impacts of energy storage technologies.
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(2) In carrying out programs and activities under the Initiative, the Secretary shall leverage expertise and resources from—(A) the Basic Energy Sciences Program, the Advanced Scientific Computing Research Program, and the Biological and Environmental Research Program of the Office of Science;(B) the Office of Energy Efficiency and Renewable Energy; and(C) any other relevant office of the Department.
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(A) In carrying out the Initiative, the Secretary shall organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector.
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(C) The Secretary shall provide sufficient resources to the multidisciplinary teams described in subparagraph (A) to achieve the goals described in subparagraph (B) over a period of time to be determined by the Secretary.
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(4) The Secretary may organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures.
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(1) The Secretary shall carry out under the Initiative a program to support research needed to bridge scientific barriers to, and discover knowledge relevant to, multivalent ion materials in electric energy storage systems.
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(B) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
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(3) The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
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(4) Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2023 through 2027.
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(1) The Secretary shall carry out under the Initiative a program to support research to model and simulate organic electrolytes, including the static and dynamic electrochemical behavior and phenomena of organic electrolytes at the molecular and atomic level in monovalent and multivalent systems.
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(B) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
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(3) The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
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(4) Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2023 through 2027.
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(1) The Secretary shall carry out under the Initiative a program to support research needed to reveal electrochemistry in confined mesoscale spaces, including scientific discoveries relevant to—(A) bio-electrochemistry and electrochemical energy conversion and storage in confined spaces; and(B) the dynamics of the phenomena described in subparagraph (A).
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(B) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
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(3) The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
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(4) Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under this subsection $20,000,000 for each of fiscal years 2023 through 2027.
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(1) The Secretary shall conduct an advanced scientific computing research and development program that includes activities related to applied mathematics and activities authorized by the American Super Computing Leadership Act of 2017 (15 U.S.C. 5541 et seq.).
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(2) The Secretary shall carry out the program with the goal of supporting departmental missions, and providing the high-performance computational, networking, advanced visualization technologies, and workforce resources, that are required for world leadership in science.
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(1) The Secretary shall establish a research, development, and demonstration program in microbial and plant systems biology, protein science, computational biology, and environmental science to support the energy, national security, and environmental missions of the Department.
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(5) address other Department missions as identified by the Secretary.
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(1) Not later than 1 year after August 8, 2005, the Secretary shall prepare and transmit to Congress a research plan describing how the program authorized pursuant to this section will be undertaken to accomplish the program goals established in subsection (b).
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(2) The Secretary shall contract with the National Academy of Sciences to review the research plan developed under this subsection. The Secretary shall transmit the review to Congress not later than 18 months after transmittal of the research plan under paragraph (1), along with the Secretary’s response to the recommendations contained in the review.
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(1) In carrying out the program under this section, the Secretary shall not conduct biomedical research.
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(2) Nothing in this section shall authorize the Secretary to conduct any research or demonstrations—(A) on human cells or human subjects; or(B) designed to have direct application with respect to human cells or human subjects.
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(6) In coordination with the Bioenergy Technologies Office of the Department, the Secretary shall support interdisciplinary research activities to improve the capacity, efficiency, resilience, security, reliability, and affordability, of the production and use of advanced biofuels and bioproducts, as well as activities to enable positive impacts and avoid the potential negative impacts that the production and use of advanced biofuels and bioproducts may have on ecosystems, people, and historically marginalized communities.
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(7) Of the funds authorized to be appropriated under subsection (k) of section 18644 of this title for a fiscal year, there is authorized to be appropriated to the Secretary to carry out this subsection $30,000,000 per center established under paragraph (1) for each of fiscal years 2023 through 2027.
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(a) Along with the budget request of the President submitted to Congress for fiscal year 2007, the Secretary shall establish a research and development program on material science issues presented by advanced fission reactors and the fusion energy program of the Department.
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(b) In carrying out the program, the Secretary shall develop—(1) a catalog of material properties required for applications described in subsection (a);(2) theoretical models for materials possessing the required properties;(3) benchmark models against existing data; and(4) a roadmap to guide further research and development in the area covered by the program.
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(a) The Secretary shall carry out a program of research, development, demonstration, and commercial application to—(1) address energy-related issues associated with provision of adequate water supplies, optimal management, and efficient use of water;(2) address water-related issues associated with the provision of adequate supplies, optimal management, and efficient use of energy; and(3) assess the effectiveness of existing programs within the Department and other Federal agencies to address these energy and water related issues.
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(c) In carrying out this section, the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Chief Engineer of the Army Corps of Engineers, the Secretary of Commerce, the Secretary of Defense, and other Federal agencies as appropriate.
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(d) The Secretary may utilize all existing facilities within the Department and may design and construct additional facilities as needed to carry out the purposes of this program.
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(e) The Secretary shall establish or utilize an advisory committee to provide independent advice and review of the program.
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(f) Not later than 2 years after August 8, 2005, the Secretary shall submit to Congress a report on the assessment described in subsection (b) and recommendations for future actions.
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(1) The Secretary shall develop an operational plan for the Spallation Neutron Source Facility that ensures that the Facility is employed to the full capability of the Facility in support of the study of advanced materials, nanoscience, and other missions of the Office of Science of the Department.
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(a) The Secretary shall construct and operate a Facility for Rare Isotope Beams. The Secretary shall commence construction no later than September 30, 2008.
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(b) There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. The Secretary shall not spend more than $1,100,000,000 in Federal funds for all activities associated with the Facility for Rare Isotope Beams, prior to operation of the Accelerator.
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The Secretary, through the Office of Scientific and Technical Information, shall maintain within the Department publicly available collections of scientific and technical information resulting from research, development, demonstration, and commercial applications activities supported by the Department.
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(a) The Secretary shall award a grant to a Southeastern United States consortium of major research universities that currently advances science and education by partnering with National Laboratories, to establish a regional pilot program of its SEEK–16 program for enhancing scientific, technological, engineering, and mathematical literacy, creativity, and decision-making. The consortium shall include leading research universities, one or more universities that train substantial numbers of elementary and secondary school teachers, and (where appropriate) National Laboratories.
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(1) The Secretary shall establish a program under which the Secretary provides fellowships to allow outstanding senior researchers and their research groups in energy research and development to explore research and development topics of their choosing for a period of not less than 3 years, to be determined by the Secretary.
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(2) In providing a fellowship under the program described in paragraph (1), the Secretary shall consider—(A) the past scientific or technical accomplishment of a senior researcher; and(B) the potential for continued accomplishment by the researcher during the period of the fellowship.
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(a) The Secretary is authorized to establish a Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Department and National Laboratories.
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(b) The Secretary may require that an individual receiving a scholarship under this section serve as a full-time employee of the Department or a National Laboratory for a fixed period in return for receiving the scholarship.
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(a) The Secretary shall carry out a program to promote cooperation on energy issues with countries of the Western Hemisphere.
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(b) Under the program, the Secretary shall fund activities to work with countries of the Western Hemisphere to—(1) increase the production of energy supplies;(2) improve energy efficiency; and(3) assist in the development and transfer of energy supply and efficiency technologies that would have a beneficial impact on world energy markets.
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(c) To the extent practicable, the Secretary shall carry out the program under this section with the participation of institutions of higher education so as to take advantage of the acceptance of institutions of higher education by countries of the Western Hemisphere as sources of unbiased technical and policy expertise when assisting the Secretary in—(1) evaluating new technologies;(2) resolving technical issues;(3) working with those countries in the development of new policies; and(4) training policymakers, particularly in the case of institutions of higher education that involve the participation of minority students, such as—(A) Hispanic-serving institutions; and(B) part B institutions.
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(a) The Secretary, in consultation with the Secretary of Commerce, the Secretary of the Interior, and Secretary of State, and the Federal Energy Regulatory Commission, shall coordinate training and outreach efforts for international commercial energy markets in countries with developing and restructuring economies.
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(a) 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.
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(1) 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.
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(3) 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.
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(1) Except as provided in paragraph (2) and subsection (f), the Secretary shall require that not less than 50 percent of the cost of a demonstration or commercial application activity described in subsection (a) to1 be provided by a non-Federal source.
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(2) The Secretary may reduce the non-Federal share required under paragraph (1) if the Secretary determines the reduction to be necessary and appropriate, taking into consideration any technological risk relating to the activity.
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(d) In calculating the amount of a non-Federal contribution under this section, the Secretary—(1) may include allowable costs in accordance with the applicable cost principles, including—(A) cash;(B) personnel costs;(C) the value of a service, other resource, or third party in-kind contribution determined in accordance with the applicable circular of the Office of Management and Budget;(D) indirect costs or facilities and administrative costs; or(E) any funds received under the power program of the Tennessee Valley Authority (except to the extent that such funds are made available under an annual appropriation Act); and(2) shall not include—(A) revenues or royalties from the prospective operation of an activity beyond the time considered in the award;(B) proceeds from the prospective sale of an asset of an activity; or(C) other appropriated Federal funds.
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(e) The Secretary shall not require repayment of the Federal share of a cost-shared activity under this section as a condition of making an award.
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(1) The Secretary shall establish one or more advisory boards to review research, development, demonstration, and commercial application programs of the Department in energy efficiency, renewable energy, nuclear energy, and fossil energy.
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(2) The Secretary may—(A) designate an existing advisory board within the Department to fulfill the responsibilities of an advisory board under this section; and(B) enter into appropriate arrangements with the National Academy of Sciences to establish such an advisory board.
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(b) The Secretary shall continue to use the scientific program advisory committees chartered under chapter 10 of title 5 by the Office of Science to oversee research and development programs under that Office.
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(1) The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to conduct periodic reviews and assessments of—(A) the research, development, demonstration, and commercial application programs authorized by this Act and amendments made by this Act;(B) the measurable cost and performance-based goals for the programs as established under section 16181 of this title, if any; and(C) the progress on meeting the goals.
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(2) The reviews and assessments shall be conducted every 5 years or more often as the Secretary considers necessary.
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(3) The Secretary shall submit to Congress reports describing the results of all the reviews and assessments.
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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.
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Not later than 12 months after August 8, 2005, and biennially thereafter, the Secretary shall transmit to Congress a report on the equal employment opportunity practices at National Laboratories. Such report shall include—
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(1) 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 Energy, or the Office of Nuclear Energy, Science and Technology Programs at all National Laboratories and single-purpose research facilities.
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(1) 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).
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(a) The Secretary shall periodically review all of the science and technology activities of the Department in a strategic framework that takes into account—(1) the frontiers of science to which the Department can contribute;(2) the national needs relevant to the statutory missions of the Department; and(3) global energy dynamics.
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(1) As part of the review under subsection (a), the Secretary shall develop a plan to improve coordination and collaboration in research, development, demonstration, and commercial application activities across organizational boundaries of the Department.
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(D) ways in which the Secretary would ensure that the overall research agenda of the Department includes, in addition to fundamental, curiosity-driven research, fundamental research related to topics of concern to the applied programs, and applications in Departmental technology programs of research results generated by fundamental, curiosity-driven research;
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(c) Every 4 years, the Secretary shall submit to Congress—(1) the results of the review under subsection (a); and(2) the coordination plan under subsection (b).
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None of the funds authorized to be appropriated to the Secretary by this subchapter may be used to award a management and operating contract for a National Laboratory (excluding those named in subparagraphs (G), (H), (N), and (O) of section 15801(3) of this title), unless such contract is competitively awarded, or the Secretary grants, on a case-by-case basis, a waiver. The Secretary may not delegate the authority to grant such a waiver and shall submit to Congress a report notifying it of the waiver, and setting forth the reasons for the waiver, at least 60 days prior to the date of the award of such contract.
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(a) The Secretary of Transportation, in consultation with the Secretary and the United States Arctic Research Commission, shall provide annual grants to a university located adjacent to the Arctic Energy Office of the Department of Energy, to establish and operate a university research center to be headquartered in Fairbanks and to be known as the “Arctic Engineering Research Center” (referred to in this section as the “Center”).
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(d) For each of fiscal years 2006 through 2011, the Secretary shall provide a grant in the amount of $3,000,000 to the institution specified in subsection (a) to carry out this section.
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(a) The Secretary of Commerce, in consultation with the Secretaries of Energy and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency, shall establish a joint research facility in Barrow, Alaska, to be known as the “Barrow Geophysical Research Facility”, to support scientific research activities in the Arctic.
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(b) There are authorized to be appropriated to the Secretaries of Commerce, Energy, and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency for the planning, design, construction, and support of the Barrow Geophysical Research Facility, $61,000,000.
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(7) The term “letter of interest” means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the CIFIA program that—(B) outlines the proposed financial plan, including the requested credit and grant assistance and the proposed obligor;(C) provides a status of environmental review; and(D) provides information regarding satisfaction of other eligibility requirements of the CIFIA program.
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(v) require that contingent commitments shall result in a financial close and obligation of credit or grant assistance by not later than 4 years after the date of entry into the agreement or release of the commitment, as applicable, unless otherwise extended by the Secretary.
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(12) The term “project” means a project for common carrier carbon dioxide transportation infrastructure or associated equipment, including pipeline, shipping, rail, or other transportation infrastructure and associated equipment, that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air, as the Secretary determines to be appropriate.
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(B) of a comparable event to the event described in subparagraph (A), as determined by the Secretary and specified in the project credit agreement.
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(a) The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this part—(1) a Federal credit instrument under section 16373 of this title;(2) a grant under section 16374 of this title; or(3) both a Federal credit instrument and a grant.
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(A) Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B).
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(B) The Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of—(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment);(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements;(iii) the projected financial strength of the obligor—(I) at the time of loan close; and(II) throughout the loan term, including after the project is completed;(iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and
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(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements;
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(3) To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
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(6) A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be—(A) the obligor; and(B) identified at a later date through completion of a procurement and selection of the private party.
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(7) The Secretary shall determine that financial assistance for each project under the CIFIA program will—(A) attract public or private investment for the project; or
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(1) The Secretary shall establish an application process under which projects that are eligible to receive assistance under subsection (b) may—(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and(B) receive grants under section 16374 of this title if—(i) adequate funds are available to cover the amount of the grant; and(ii) the Secretary determines that the project is eligible under subsection (b).
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(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and
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(ii) the Secretary determines that the project is eligible under subsection (b).
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(2) In selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority to projects that—(A) are large-capacity, common carrier infrastructure;(B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air;(C) enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air, with the goal of enabling projects in all major carbon dioxide-emitting regions of the United States; and(D) are sited within, or adjacent to, existing pipeline or other linear infrastructure corridors, in a manner that minimizes environmental disturbance and other siting concerns.
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(A) The Secretary may enter into a master credit agreement for a project that the Secretary determines—(i) will likely be eligible for credit assistance under subsection (b), on obtaining—(II) all necessary permits and approvals; and(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2).
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(B) If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect—(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and(II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument.
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(2) Paragraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that—(A) the application would be inconsistent with the public interest;(B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent.
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(A) make available to the public a copy of the request, together with any information available to the Secretary concerning the request—(i) on an informal basis; and(ii) by electronic means, including on the official public website of the Department;(B) allow for informal public comment relating to the request for not fewer than 15 days before making a determination with respect to the request; and(C) approve or disapprove the request by not later than the date that is 120 days after the date of receipt of the request.
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(A) make available to the public a copy of the request, together with any information available to the Secretary concerning the request—(i) on an informal basis; and(ii) by electronic means, including on the official public website of the Department;
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(1) Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice describing whether—(A) the application is complete; or(B) additional information or materials are needed to complete the application.
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(2) Not later than 60 days after the date of issuance of a written notice under paragraph (1), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application.
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(1) Subject to paragraph (2), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which—(A) shall be used—(i) to finance eligible project costs of any project selected under section 16372 of this title;(ii) to refinance interim construction financing of eligible project costs of any project selected under section 16372 of this title; or(iii) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that—(I) is selected under section 16372 of this title; or(II) otherwise meets the requirements of that section; and(B) may be used in accordance with subsection (b)(7) to pay any fees collected by the Secretary under subparagraph (B) of that subsection.
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(B) may be used in accordance with subsection (b)(7) to pay any fees collected by the Secretary under subparagraph (B) of that subsection.
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(2) Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 16372(b)(2) of this title.
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(1) A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate.
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(i) Subject to clause (iii), the Secretary may lower the interest rate of a secured loan under this section to not lower than the interest rate described in clause (ii), if the interest rate has increased during the period—(I) beginning on, as applicable—(aa) the date on which an application acceptable to the Secretary is submitted for the applicable project; or(bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan.
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(bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and
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(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan.
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(i) The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if—(I) the secured loan is rated in the A category or higher; and(II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues.
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(ii) If the Secretary waives the nonsubordination requirement under this subparagraph—(I) the maximum credit subsidy amount to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and(II) the obligor shall be responsible for paying the remainder of the subsidy amount, if any.
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(A) The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $3,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument.
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(B) If the Secretary collects a fee from an obligor under subparagraph (A) to cover all or a portion of the costs to the Federal Government of providing a secured loan, the obligor and the Secretary may amend the terms of the secured loan to add to the principal of the secured loan an amount equal to the amount of the fee collected by the Secretary.
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(1) The Secretary shall establish a repayment schedule for each secured loan under this section based on—(A) the projected cash flow from project revenues and other repayment sources; and(B) the useful life of the project.
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(A) If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
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(i) Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary.
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(1) Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms.
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(2) In making a sale or reoffering under paragraph (1), the Secretary may not change any original term or condition of the secured loan without the written consent of the obligor.
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(1) The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan.
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(2) The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary.
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(a) The Secretary may provide grants to pay a portion of the cost differential, with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection (b), between—(1) the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and(2) the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required, based on commitments for the use of the asset.
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(c) A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2).
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(a) The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program.
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(b) If funding sufficient to cover the costs of services of expert firms retained pursuant to subsection (d) and all or a portion of the costs to the Federal Government of servicing the Federal credit instruments is not provided in an appropriations Act for a fiscal year, the Secretary, during that fiscal year, may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program at a level that is sufficient to cover those costs.
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(1) The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments.
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(2) A servicer appointed under paragraph (1) shall act as the agent for the Secretary.
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(3) A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary.
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(d) The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments.
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(e) The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the CIFIA program.
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The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program.
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(1) There are authorized to be appropriated to the Secretary to carry out this part—(A) $600,000,000 for each of fiscal years 2022 and 2023; and(B) $300,000,000 for each of fiscal years 2024 through 2026.
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(2) Spending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis.
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(4) Of the amounts made available to carry out the CIFIA program, the Secretary may use not more than $9,000,000 (as indexed for United States dollar inflation from November 15, 2021 (as measured by the Consumer Price Index)) each fiscal year for the administration of the CIFIA program.
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(1) Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment.
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(A) The Office shall be headed by an officer, who shall be known as the “Chief Commercialization Officer”, and who shall report directly to, and be appointed by, the Secretary.
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(B) The Chief Commercialization Officer shall be the principal advisor to the Secretary on all matters relating to technology transfer and commercialization.
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(C) The Chief Commercialization Officer shall be an individual who, by reason of professional background and experience, is specially qualified to advise the Secretary on matters pertaining to technology transfer at the Department.
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(6) To carry out the program authorized in this section, the Under Secretary for Science may appoint personnel using the authorities in section 19321 of this title.
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(7) There are authorized to be appropriated to the Secretary to carry out the activities authorized in this section $20,000,000 for each of fiscal years 2023 through 2027.
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(b) The Secretary shall establish a Technology Transfer Working Group, which shall consist of representatives of the National Laboratories and single-purpose research facilities, to—(1) coordinate technology transfer activities occurring at National Laboratories and single-purpose research facilities;(2) exchange information about technology transfer practices, including alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; and(3) develop and disseminate to the public and prospective technology partners information about opportunities and procedures for technology transfer with the Department, including opportunities and procedures related to alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters.
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(c) The Secretary shall establish an Energy Technology Commercialization Fund, using 0.9 percent of the amount made available to the Department for applied energy research, development, demonstration, and commercial application for each fiscal year based on future planned activities and the amount of the appropriations for the fiscal year, to be used to provide matching funds with private partners to promote promising energy technologies for commercial purposes.
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(1) The Secretary, acting through the Chief Commercialization Officer established in subsection (a), shall establish a Technology Commercialization Fund (hereafter referred to as the “Fund”), using nine-tenths of one percent of the amount of appropriations made available to the Department for applied energy research, development, demonstration, and commercial application for each fiscal year, to be used to provide, in accordance with the cost-sharing requirements under section 16352 of this title, funds to private partners, including national laboratories, to promote promising energy technologies for commercial purposes.
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(A) The Secretary shall develop criteria for evaluating applications for funding under this section, which may include—(i) the potential that a proposed technology will result in a commercially successful product within a reasonable timeframe; and(ii) the relative maturity of a proposed technology for commercial application.
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(B) In awarding funds under this section, the Secretary may give special consideration to applications that involve at least one applicant that has participated in an entrepreneurial or commercialization training program, such as Energy Innovation Corps.
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(f) The Secretary shall include in the annual report required under section 16391a(a) of this title—(1) description of the projects carried out with awards from the Fund for that fiscal year;(2) each project’s cost-share for that fiscal year; and(3) each project’s partners for that fiscal year.
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(1) Not later than 1 year after December 27, 2020, the Secretary shall submit to the Committee on Science, Space, and Technology and Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and Committee on Appropriations of the Senate a report on the current and recommended implementation of the Fund.
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(1) Not later than 180 days after August 8, 2005, the Secretary shall submit to Congress a technology transfer execution plan.
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(2) Each year after the submission of the plan under paragraph (1), the Secretary shall submit to Congress an updated execution plan and reports that describe progress toward meeting goals set forth in the execution plan and the funds expended under subsection (c).
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(i) The Secretary may develop additional programs to—(1) support regional energy innovation systems;(2) support clean energy incubators;(3) provide small business vouchers;(4) provide financial and technical assistance for entrepreneurial fellowships at national laboratories;(5) encourage students, energy researchers, and national laboratory employees to develop entrepreneurial skillsets and engage in entrepreneurial opportunities;(6) support private companies and individuals in partnering with National Laboratories; and(7) further support the mission and goals of the Office.
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(a) As part of the updated technology transfer execution plan required each year under section 16391(h)(2) of this title, the Secretary of Energy (in this section referred to as the “Secretary”) shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the progress and implementation of programs established under sections 9001, 9002, 9003, 9004, and 9005 of this Act and under sections 10714, 10718, 10719, 10720, and 10723 of the Research and Development, Competition, and Innovation Act.
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(b) Not later than 3 years after December 27, 2020, and every 3 years thereafter the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation on the extent to which programs established under sections 9001, 9002, 9003, 9004, and 9005 of this Act and sections 10713, 10714, 10715, and 10717 of the Research and Development, Competition, and Innovation Act are achieving success based on relevant short-term and long-term metrics.
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(b) The Secretary shall establish a Technology Infrastructure Program in accordance with this section.
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(d) The Secretary shall authorize the director of each National Laboratory or single-purpose research facility to implement the Program at the National Laboratory or facility through one or more projects that meet the requirements of subsections (e) and (f).
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(1) The Secretary shall allocate funds under this section only if the Director of the National Laboratory or single-purpose research facility managing the project determines that the project is likely to improve the ability of the National Laboratory or single-purpose research facility to achieve technical success in meeting departmental missions.
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(A) the potential of the project to promote the development of a commercially sustainable technology cluster following the period of investment by the Department, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility;(B) the potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating National Laboratory or single-purpose research facility to achieve its mission or the commercial development of technological innovations made at the participating National Laboratory or single-purpose research facility;(C) the extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the missions of the participating National Laboratory or single-purpose research facility and that will make substantive contributions to achieving the goals of the project;(D) the extent to which the project focuses on promoting the development of technology-related business concerns that are small businesses or involves such small businesses substantively in the project; and(E) such other criteria as the Secretary determines to be appropriate.
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(E) such other criteria as the Secretary determines to be appropriate.
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(1) the Federal share of the project costs; and(2) additional funds to the National Laboratory or single-purpose research facility managing the project to permit the National Laboratory or single-purpose research facility to carry out activities relating to the project, and to coordinate the activities with the project.
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(h) Not later than July 1, 2008, the Secretary shall submit to Congress a report on whether the Program should be continued and, if so, how the program should be managed.
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(i) There are authorized to be appropriated to the Secretary for activities under this section $10,000,000 for each of fiscal years 2006 through 2008.
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(a) The Secretary shall require the Director of each National Laboratory (as defined in section 15801 of this title) and the Director of each single-purpose research facility to designate a small business advocate to—(1) encourage the participation of small business concerns, including socially and economically disadvantaged small business concerns (as defined in section 637(a)(4) of title 15), in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility;(2) report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns in the activities described in paragraph (1) along with recommendations, if appropriate, on how to improve participation;(3) make available to small business concerns facilities, training, mentoring, and information on how to participate in the activities described in paragraph (1);(4) increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and(5) establish guidelines and metrics for the programs under subsections (b) and (c) and report on the effectiveness of the program to the Director of the National Laboratory or single-purpose research facility.
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(b) The Secretary shall require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to establish a program to provide small business concerns with—(1) assistance directed at making the small business concerns more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facilities; or(2) general technical assistance, the cost of which shall not exceed $10,000 per instance of assistance, to improve the products or services of the small business concern.
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(2) The Secretary, acting through the Chief Commercialization Officer appointed under section 16391(a) of this title, and in consultation with the Directors, shall establish a program to provide small business concerns with vouchers under paragraph (3)—(A) to achieve the goal described in subsection (a)(1); and(B) to improve the products, services, and capabilities of small business concerns in the mission space of the Department.
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(4) The Secretary, working with the Directors, shall establish a stream-lined approval process for financial assistance agreements signed between—(A) small business concerns selected to receive a voucher under the program; and(B) the National Laboratories and single-purpose research facilities.
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(5) In carrying out the program, the Secretary shall require cost-sharing in accordance with section 16352 of this title.
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(6) In accordance with section 16391a of this title, the Secretary shall report annually on the progress and implementation of the small business voucher program established under this section, including the number and locations of small businesses that received grants under this program.
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(e) There is authorized to be appropriated to the Secretary for activities under subsection (b) $5,000,000 for each of fiscal years 2006 through 2008 and for activities under subsection (c) $25,000,000 for each of fiscal years 2023 through 2027.
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The Secretary shall ensure that each program authorized by this Act or an amendment made by this Act includes an outreach component to provide information, as appropriate, to manufacturers, consumers, engineers, architects, builders, energy service companies, institutions of higher education, facility planners and managers, State and local governments, and other entities.
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Except as otherwise provided in this Act or an amendment made by this Act, the Secretary shall carry out the research, development, demonstration, and commercial application programs, projects, and activities authorized by this Act or an amendment made by this Act in accordance with the applicable provisions of—
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(a) The Secretary may carry out a program to award cash prizes in recognition of breakthrough achievements in research, development, demonstration, and commercial application that have the potential for application to the performance of the mission of the Department.
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(b) The program under subsection (a) may include prizes for the achievement of goals articulated by the Secretary in a specific area through a widely advertised solicitation of submission of results for research, development, demonstration, or commercial application projects.
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(c) The Secretary, in cooperation with the Freedom Prize Foundation, shall support a program of awarding prizes, to be known as Freedom Prizes, to encourage and recognize the development and deployment of processes and technologies that serve to reduce the dependence of the United States on imported oil.
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(d) The program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of the Secretary to acquire, support, or stimulate research, development, demonstration, or commercial application projects.
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(e) In carrying out subsection (a), and for any prize competitions under section 105 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010, the Secretary shall—(1) issue Department-wide guidance on the design, development, and implementation of prize competitions;(2) collect and disseminate best practices on the design and administration of prize competitions;(3) streamline contracting mechanisms for the implementation of prize competitions; and(4) provide training and prize competition design support, as necessary, to Department staff to develop prize competitions and challenges.
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(A) As part of the program under this section, the Secretary shall carry out a program to competitively award cash prizes in conformity with this subsection to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
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(i) The Secretary shall widely advertise prize competitions under this subsection to encourage broad participation, including by individuals, universities (including historically Black colleges and universities and other minority serving institutions), and large and small businesses (including businesses owned or controlled by socially and economically disadvantaged persons).
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(ii) The Secretary shall announce each prize competition under this subsection by publishing a notice in the Federal Register. This notice shall include essential elements of the competition such as the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize.
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(C) The Secretary shall enter into an agreement with a private, nonprofit entity to administer the prize competitions under this subsection, subject to the provisions of this subsection (in this subsection referred to as the “administering entity”). The duties of the administering entity under the agreement shall include—(i) advertising prize competitions under this subsection and their results;(ii) raising funds from private entities and individuals to pay for administrative costs and to contribute to cash prizes, including funds provided in exchange for the right to name a prize awarded under this subsection;(iii) developing, in consultation with and subject to the final approval of the Secretary, the criteria for selecting winners in prize competitions under this subsection, based on goals provided by the Secretary;(iv) determining, in consultation with the Secretary, the appropriate amount and funding sources for each prize to be awarded under this subsection, subject to the final approval of the Secretary with respect to Federal funding;(v) providing advice and consultation to the Secretary on the selection of judges in accordance with paragraph (2)(D), using criteria developed in consultation with and subject to the final approval of the Secretary; and(vi) protecting against the administering entity’s unauthorized use or disclosure of a registered participant’s trade secrets and confidential business information. Any information properly identified as trade secrets or confidential business information that is submitted by a participant as part of a competitive program under this subsection may be withheld from public disclosure.
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(v) providing advice and consultation to the Secretary on the selection of judges in accordance with paragraph (2)(D), using criteria developed in consultation with and subject to the final approval of the Secretary; and
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(D) Prizes under this subsection shall consist of Federal appropriated funds and any funds provided by the administering entity (including funds raised pursuant to subparagraph (C)(ii)) for such cash prize programs. The Secretary may accept funds from other Federal agencies for such cash prizes and, notwithstanding section 3302(b) of title 31, may use such funds for the cash prize program under this subsection. Other than publication of the names of prize sponsors, the Secretary may not give any special consideration to any private sector entity or individual in return for a donation to the Secretary or administering entity.
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(E) The Secretary may not issue a notice required by subparagraph (B)(ii) until all the funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by the administering entity. The Secretary may increase the amount of a prize after an initial announcement is made under subparagraph (B)(ii) if—(i) notice of the increase is provided in the same manner as the initial notice of the prize; and(ii) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by the administering entity.
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(A) The Secretary shall establish prizes under this subsection for—(i) advancements in technologies, components, or systems related to—(I) hydrogen production;(II) hydrogen storage;(III) hydrogen distribution; and(IV) hydrogen utilization;(ii) prototypes of hydrogen-powered vehicles or other hydrogen-based products that best meet or exceed objective performance criteria, such as completion of a race over a certain distance or terrain or generation of energy at certain levels of efficiency; and(iii) transformational changes in technologies for the distribution or production of hydrogen that meet or exceed far-reaching objective criteria, which shall include minimal carbon emissions and which may include cost criteria designed to facilitate the eventual market success of a winning technology.
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(i) To the extent permitted under paragraph (1)(E), the prizes authorized under subparagraph (A)(i) shall be awarded biennially to the most significant advance made in each of the four subcategories described in subclauses (I) through (IV) of subparagraph (A)(i) since the submission deadline of the previous prize competition in the same category under subparagraph (A)(i) or December 19, 2007, whichever is later, unless no such advance is significant enough to merit an award. No one such prize may exceed $1,000,000. If less than $4,000,000 is available for a prize competition under subparagraph (A)(i), the Secretary may omit one or more subcategories, reduce the amount of the prizes, or not hold a prize competition.
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(ii) To the extent permitted under paragraph (1)(E), prizes authorized under subparagraph (A)(ii) shall be awarded biennially in alternate years from the prizes authorized under subparagraph (A)(i). The Secretary is authorized to award up to one prize in this category in each 2-year period. No such prize may exceed $4,000,000. If no registered participants meet the objective performance criteria established pursuant to subparagraph (C) for a competition under this clause, the Secretary shall not award a prize.
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(iii) To the extent permitted under paragraph (1)(E), the Secretary shall announce one prize competition authorized under subparagraph (A)(iii) as soon after December 19, 2007, as is practicable. A prize offered under this clause shall be not less than $10,000,000, paid to the winner in a lump sum, and an additional amount paid to the winner as a match for each dollar of private funding raised by the winner for the hydrogen technology beginning on the date the winner was named. The match shall be provided for 3 years after the date the prize winner is named or until the full amount of the prize has been paid out, whichever occurs first. A prize winner may elect to have the match amount paid to another entity that is continuing the development of the winning technology. The Secretary shall announce the rules for receiving the match in the notice required by paragraph (1)(B)(ii). The Secretary shall award a prize under this clause only when a registered participant has met the objective criteria established for the prize pursuant to subparagraph (C) and announced pursuant to paragraph (1)(B)(ii). Not more than $10,000,000 in Federal funds may be used for the prize award under this clause. The administering entity shall seek to raise $40,000,000 toward the matching award under this clause.
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(C) In establishing the criteria required by this subsection, the Secretary—(i) shall consult with the Department’s Hydrogen Technical and Fuel Cell Advisory Committee;(ii) shall consult with other Federal agencies, including the National Science Foundation; and(iii) may consult with other experts such as private organizations, including professional societies, industry associations, and the National Academy of Sciences and the National Academy of Engineering.
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(D) For each prize competition under this subsection, the Secretary in consultation with the administering entity shall assemble a panel of qualified judges to select the winner or winners on the basis of the criteria established under subparagraph (C). Judges for each prize competition shall include individuals from outside the Department, including from the private sector. A judge, spouse, minor children, and members of the judge’s household may not—(i) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in the prize competition for which he or she will serve as a judge; or(ii) have a familial or financial relationship with an individual who is a registered participant in the prize competition for which he or she will serve as a judge.
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(A) The Secretary may require registered participants to waive claims against the Federal Government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the registered participants’ participation in a competition under this subsection. The Secretary shall give notice of any waiver required under this subparagraph in the notice required by paragraph (1)(B)(ii). The Secretary may not require a registered participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the administering entity of the registered participant’s trade secrets or confidential business information.
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(i) Registered participants in a prize competition under this subsection shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by—(I) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition under this subsection; and(II) the Federal Government for damage or loss to Government property resulting from such an activity.
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(6) Not later than 60 days after the awarding of the first prize under this subsection, and annually thereafter, the Secretary shall transmit to the Congress a report that—(A) identifies each award recipient;(B) describes the technologies developed by each award recipient; and(C) specifies actions being taken toward commercial application of all technologies with respect to which a prize has been awarded under this subsection.
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(i) There are authorized to be appropriated to the Secretary for the period encompassing fiscal years 2008 through 2017 for carrying out this subsection—(I) $20,000,000 for awards described in paragraph (2)(A)(i);(II) $20,000,000 for awards described in paragraph (2)(A)(ii); and(III) $10,000,000 for the award described in paragraph (2)(A)(iii).
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(ii) In addition to the amounts authorized in clause (i), there are authorized to be appropriated to the Secretary for each of fiscal years 2008 and 2009 $2,000,000 for the administrative costs of carrying out this subsection.
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(h) In accordance with section 16391a of this title, the Secretary shall report annually on a description of any prize competitions carried out using the authority under this section, the total amount of prizes awarded along with any private sector contributions, the methods used for solicitation and evaluation, and a description of how each prize competition advanced the mission of the Department.
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(G) any other industrial sector, as the Secretary determines to be appropriate.
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(B) other skilled workers in energy technology industries, as determined by the Secretary.
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(2) Not later than 1 year after August 8, 2005, the Secretary shall submit to Congress a report on current trends under paragraph (1), with recommendations (as appropriate) to meet the future labor requirements for the energy technology industries.
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(c) The Secretary, in consultation with the Secretary of Labor, may establish programs in the appropriate offices of the Department under which the Secretary provides grants to enhance training (including distance learning) for any workforce category for which a shortage is identified or predicted under subsection (b)(2).
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The Secretary shall support the ongoing activities of and explore opportunities for expansion of the National Center for Energy Management and Building Technologies to carry out research, education, and training activities to facilitate the improvement of energy efficiency, indoor environmental quality, and security of industrial, commercial, residential, and public buildings.
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(a) The Secretary shall support the establishment of a National Power Plant Operations Technology and Education Center (referred to in this section as the “Center”), to address the need for training and educating certified operators and technicians for the electric power industry.
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(b) The Secretary shall support the establishment of the Center at an institution of higher education that has—(1) expertise in providing degree programs in electric power generation, transmission, and distribution technologies;(2) expertise in providing onsite and Internet-based training; and(3) demonstrated responsiveness to workforce and training requirements in the electric power industry.
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(a) The Secretary, acting through the Administrator of the Western Area Power Administration (hereinafter in this section referred to as “WAPA”), or through the Administrator of the Southwestern Power Administration (hereinafter in this section referred to as “SWPA”), or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, an electric power transmission facility and related facilities (“Project”) needed to upgrade existing transmission facilities owned by SWPA or WAPA if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project—(A) is located in a national interest electric transmission corridor designated under section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)] and will reduce congestion of electric transmission in interstate commerce; or(B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity;(2) is consistent with—(A) transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [16 U.S.C. 791a et seq.]), if any, or approved regional reliability organization; and(B) efficient and reliable operation of the transmission grid; and(3) would be operated in conformance with prudent utility practice.
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(b) The Secretary, acting through WAPA or SWPA, or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, a new electric power transmission facility and related facilities (“Project”) located within any State in which WAPA or SWPA operates if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project—(A) is located in an area designated under section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)] and will reduce congestion of electric transmission in interstate commerce; or(B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity;(2) is consistent with—(A) transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [16 U.S.C. 791a et seq.]) if any, or approved regional reliability organization; and(B) efficient and reliable operation of the transmission grid;(3) will be operated in conformance with prudent utility practice;(4) will be operated by, or in conformance with the rules of, the appropriate (A) Transmission Organization, if any, or (B) if such an organization does not exist, regional reliability organization; and(5) will not duplicate the functions of existing transmission facilities or proposed facilities which are the subject of ongoing or approved siting and related permitting proceedings.
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(f) Any determination made pursuant to subsections1 (a) or (b) shall be based on findings by the Secretary using the best available data.
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(g) The Secretary shall not accept and use more than $100,000,000 under subsection (c)(1) for the period encompassing fiscal years 2006 through 2015.
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(B) the Secretary shall, without further appropriation and without fiscal year limitation, loan to the Western Area Power Administration, on such terms as may be fixed by the Administrator and the Secretary, such sums (not to exceed, in the aggregate (including deferred interest), $3,250,000,000 in outstanding repayable balances at any one time) as, in the judgment of the Administrator, are from time to time required for the purpose of—(i) constructing, financing, facilitating, planning, operating, maintaining, or studying construction of new or upgraded electric power transmission lines and related facilities with at least one terminus within the area served by the Western Area Power Administration; and(ii) delivering or facilitating the delivery of power generated by renewable energy resources constructed or reasonably expected to be constructed after February 17, 2009.
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(2) The rate of interest to be charged in connection with any loan made pursuant to this subsection shall be fixed by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date of the loan.
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(C) The Administrator shall notify the Secretary of such amounts as are to be forgiven under this paragraph.
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(a) The Secretary is authorized to establish an Advanced Power System Technology Incentive Program to support the deployment of certain advanced power system technologies and to improve and protect certain critical governmental, industrial, and commercial processes. Funds provided under this section shall be used by the Secretary to make incentive payments to eligible owners or operators of advanced power system technologies to increase power generation through enhanced operational, economic, and environmental performance. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application establishing an applicant as either—(1) a qualifying advanced power system technology facility; or(2) a qualifying security and assured power facility.
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(2) The term “qualifying security and assured power facility” means a qualifying advanced power system technology facility determined by the Secretary, in consultation with the Secretary of Homeland Security, to be in critical need of secure, reliable, rapidly available, high-quality power for critical governmental, industrial, or commercial applications.
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(d) There are authorized to be appropriated to the Secretary for the purposes of this section, $10,000,000 for each of the fiscal years 2006 through 2012.
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(1) the procedures currently used by electric utilities to perform economic dispatch;(2) identifying possible revisions to those procedures to improve the ability of nonutility generation resources to offer their output for sale for the purpose of inclusion in economic dispatch; and(3) the potential benefits to residential, commercial, and industrial electricity consumers nationally and in each State if economic dispatch procedures were revised to improve the ability of nonutility generation resources to offer their output for inclusion in economic dispatch.
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(c) Not later than 90 days after August 8, 2005, and on a yearly basis following, the Secretary shall submit a report to Congress and the States on the results of the study conducted under subsection (a), including recommendations to Congress and the States for any suggested legislative or regulatory changes.
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(1) The President, on the basis of recommendations made by the Secretary, shall annually designate organizations that have—(A) advanced the field of renewable energy technology and contributed to North American energy independence; and(B) been certified by the Secretary under subsection (e).
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(B) been certified by the Secretary under subsection (e).
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(5) Notwithstanding paragraphs (2) through (4), a new building project may qualify under this section if the Secretary determines that the project—(A) represents a First-In-Class use of renewable energy; or(B) otherwise establishes a new paradigm of building integrated renewable energy use or energy efficiency.
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(1) No later than 120 days after August 8, 2005, and annually thereafter, the Secretary shall publish in the Federal Register an invitation and guidelines for submitting applications, consistent with this section.
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(1) Not later than 60 days after the application period described in subsection (d), and annually thereafter, the Secretary shall certify projects that are reasonably expected to meet the criteria established under subsection (c).
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(2) The Secretary shall designate personnel of the Department to work with persons carrying out each certified project and ensure that the personnel—(A) provide each certified project with guidance in meeting the criteria established under subsection (c);(B) identify programs of the Department, including National Laboratories and Technology Centers, that will assist each project in meeting the criteria established under subsection (c); and(C) ensure that knowledge and transfer of the most current technology between the applicable resources of the Federal Government (including the National Laboratories and Technology Centers, the Department, and the Environmental Protection Agency) and the certified projects is being facilitated to accelerate commercialization of work developed through those resources.
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(a) The Secretary shall establish a program on oxygen-fuel systems. If feasible, the program shall include renovation of at least one existing large unit and one existing small unit, and construction of one new large unit and one new small unit.
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(b) There are authorized to be appropriated to the Secretary for carrying out this section—(1) $100,000,000 for fiscal year 2006;(2) $100,000,000 for fiscal year 2007; and(3) $100,000,000 for fiscal year 2008.
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(b) The Secretary shall establish a program to provide guarantees of loans by private institutions for the construction of facilities for the processing and conversion of municipal solid waste and cellulosic biomass into fuel ethanol and other commercial byproducts.
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(c) The Secretary may provide a loan guarantee under subsection (b) to an applicant if—(1) without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in subsection (b);(2) the prospective earning power of the applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; and(3) the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.
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(3) the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.
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(d) In selecting recipients of loan guarantees from among applicants, the Secretary shall give preference to proposals that—(1) meet all applicable Federal and State permitting requirements;(2) are most likely to be successful; and(3) are located in local markets that have the greatest need for the facility because of—(A) the limited availability of land for waste disposal;(B) the availability of sufficient quantities of cellulosic biomass; or(C) a high level of demand for fuel ethanol or other commercial byproducts of the facility.
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(f) The loan agreement for a loan guaranteed under subsection (b) shall provide that no provision of the loan agreement may be amended or waived without the consent of the Secretary.
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(g) The Secretary shall require that an applicant for a loan guarantee under subsection (b) provide an assurance of repayment in the form of a performance bond, insurance, collateral, or other means acceptable to the Secretary in an amount equal to not less than 20 percent of the amount of the loan.
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(h) The recipient of a loan guarantee under subsection (b) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee.
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(i) The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the loan for the guarantee with respect to principal and interest. The validity of the guarantee shall be incontestable in the hands of a holder of the guaranteed loan.
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(l) The authority of the Secretary to issue a loan guarantee under subsection (b) terminates on the date that is 10 years after August 8, 2005.
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(a) Subject to the availability of appropriations under subsection (d), the Administrator of the Environmental Protection Agency shall, in consultation with the Secretary of Agriculture and the Biomass Research and Development Technical Advisory Committee established under section 86051 of title 7, establish a program, to be known as the “Advanced Biofuel Technologies Program”, to demonstrate advanced technologies for the production of alternative transportation fuels.
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(b) The Secretary may issue loan guarantees under this section to projects to demonstrate commercially the feasibility and viability of producing ethanol using sugarcane, sugarcane bagasse, and other sugarcane byproducts as a feedstock.
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(c) An applicant for a loan guarantee under this section may provide assurances, satisfactory to the Secretary, that—(1) the project design has been validated through the operation of a continuous process facility;(2) the project has been subject to a full technical review;(3) the project, with the loan guarantee, is economically viable; and(4) there is a reasonable assurance of repayment of the guaranteed loan.
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(A) The Secretary may issue additional loan guarantees for a project to cover—(i) up to 80 percent of the excess of actual project costs; but(ii) not to exceed 15 percent of the amount of the original loan guarantee.
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(B) Subject to subparagraph (A), the Secretary shall guarantee 100 percent of the principal and interest of a loan guarantee made under subparagraph (A).
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(a) Except for division C of Public Law 108–324 [15 U.S.C. 720 et seq.], the Secretary shall make guarantees under this or any other Act for projects, including projects receiving financial support or credit enhancements from a State energy financing institution, on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, only in accordance with this section.
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(1) Except as provided in paragraph (2), the cost of a guarantee shall be paid by the Secretary using an appropriation made for the cost of the guarantee, subject to the availability of such an appropriation.
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(A) No guarantee, including a guarantee for a project receiving financial support or credit enhancements from a State energy financing institution, shall be made unless the Secretary determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the borrower.
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(B) The Secretary shall base a determination of whether there is reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the borrower has a reasonable prospect of repaying the guaranteed obligation for the eligible project, including, as applicable, an evaluation of—(i) the strength of the contractual terms of the eligible project (if commercially reasonably available);(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary;(iii) cash sweeps and other structure enhancements;(iv) the projected financial strength of the borrower—(I) at the time of loan close; and(II) throughout the loan term after the project is completed;(v) the financial strength of the investors and strategic partners of the borrower, if applicable; and
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(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary;
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(2) No guarantee shall be made unless the Secretary determines that the amount of the obligation (when combined with amounts available to the borrower from other sources) will be sufficient to carry out the project.
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(e) An obligation shall bear interest at a rate that does not exceed a level that the Secretary determines appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks.
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(2) 90 percent of the projected useful life of the physical asset to be financed by the obligation (as determined by the Secretary).
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(A) If a borrower defaults on the obligation (as defined in regulations promulgated by the Secretary and specified in the guarantee contract), the holder of the guarantee shall have the right to demand payment of the unpaid amount from the Secretary.
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(B) Within such period as may be specified in the guarantee or related agreements, the Secretary shall pay to the holder of the guarantee the unpaid interest on, and unpaid principal of the obligation as to which the borrower has defaulted, unless the Secretary finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied.
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(C) Nothing in this subsection precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Secretary.
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(A) If the Secretary makes a payment under paragraph (1), the Secretary shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements including, where appropriate, the authority (notwithstanding any other provision of law) to—(i) complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such guarantee or related agreements; or
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(3) With respect to any obligation guaranteed under this section, the Secretary may enter into a contract to pay, and pay, holders of the obligation, for and on behalf of the borrower, from funds appropriated for that purpose, the principal and interest payments which become due and payable on the unpaid balance of the obligation if the Secretary finds that—(i) the borrower is unable to meet the payments and is not in default;(ii) it is in the public interest to permit the borrower to continue to pursue the purposes of the project; and(iii) the probable net benefit to the Federal Government in paying the principal and interest will be greater than that which would result in the event of a default;(B) the amount of the payment that the Secretary is authorized to pay shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the agreement being guaranteed; and
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(B) the amount of the payment that the Secretary is authorized to pay shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the agreement being guaranteed; and
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(A) If the borrower defaults on an obligation, the Secretary shall notify the Attorney General of the default.
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(1) The Secretary shall charge, and collect on or after the date of the financial close of an obligation, a fee for a guarantee in an amount that the Secretary determines is sufficient to cover applicable administrative expenses (including any costs associated with third-party consultants engaged by the Secretary).
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(A) be deposited by the Secretary into the Treasury; and
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(3) Notwithstanding paragraph (1) and subject to the availability of appropriations, the Secretary may reduce the amount of a fee for a guarantee under this subsection.
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(2) The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audit, to the records and other pertinent documents.
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(k) All laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part by a loan guaranteed under this subchapter shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40.
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(3) If the Secretary makes a guarantee the financial terms and conditions of which are not consistent with the written analysis required under this subsection, not later than 30 days after making such guarantee, the Secretary shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, a written explanation of any material inconsistencies.
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(1) If the Secretary does not make a final decision on an application for a guarantee under this subchapter by the date that is 180 days after receipt of the application by the Secretary, the applicant may request, on or after that date and not more than once every 60 days thereafter until a final decision is made, that the Secretary provide to the applicant a response described in paragraph (2).
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(2) Not later than 10 days after receiving a request from an applicant under paragraph (1), the Secretary shall provide to the applicant a response that includes—(A) a description of the current status of review of the application;(B) a summary of any factors that are delaying a final decision on the application, a list of what items are required in order to reach a final decision, citations to authorities stating the reasons why such items are required, and a list of actions the applicant can take to expedite the process; and(C) an estimate of when a final decision on the application will be made.
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(o) In carrying out this subchapter, the Secretary shall—(1) provide assistance with the completion of applications for a guarantee under this subchapter;(2) conduct outreach, including through conferences and online programs, to disseminate information to potential applicants;(3) conduct outreach to encourage participation of supporting finance institutions and private lenders in eligible projects and projects described in section 16517(a) of this title.
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(p) In carrying out this subchapter, the Secretary shall coordinate activities under this subchapter with activities of other relevant offices with the Department.
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(q) Not later than 2 years after December 27, 2020, and every 3 years thereafter, the Secretary shall submit to Congress a report on the status of applications for, and projects receiving, guarantees under this title, including—(1) a list of such projects, including the guarantee amount, construction status, and financing partners of each such project;(2) the status of each such project’s loan repayment, including interest paid and future repayment projections;(3) an estimate of the air pollutant or greenhouse gas emissions avoided or reduced from each such project;(4) data regarding the number of direct and indirect jobs retained, restored, or created by such projects;(5) identification of—(A) technologies deployed by projects that have received guarantees that have subsequently been deployed commercially without guarantees; and(B) novel technologies that have been deployed by such projects and deployed in the commercial energy market;(6) the number of new projects projected to receive a guarantee under this subchapter during the next 2 years and the aggregate guarantee amount;(7) the number of outreach engagements conducted with potential applicants;(8) the number of applications received and currently pending for each open solicitation; and(9) any other metrics the Secretary finds appropriate.
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(9) any other metrics the Secretary finds appropriate.
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(a) The Secretary may make guarantees under this section only for projects that—(1) avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and(2) employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued, including projects that employ elements of commercial technologies in combination with new or significantly improved technologies.
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(c) The Secretary may make guarantees for the following gasification projects:(1) Integrated gasification combined cycle plants meeting the emission levels under subsection (d), including—(A) projects for the generation of electricity—(i) for which, during the term of the guarantee—(I) coal, biomass, petroleum coke, or a combination of coal, biomass, and petroleum coke will account for at least 65 percent of annual heat input; and(II) electricity will account for at least 65 percent of net useful annual energy output;(ii) that have a design that is determined by the Secretary to be capable of accommodating the equipment likely to be necessary to capture the carbon dioxide that would otherwise be emitted in flue gas from the plant;(iii) that have an assured revenue stream that covers project capital and operating costs (including servicing all debt obligations covered by the guarantee) that is approved by the Secretary and the relevant State public utility commission; and(iv) on which construction commences not later than the date that is 3 years after the date of the issuance of the guarantee;(B) a project to produce energy from coal (of not more than 13,000 Btu/lb and mined in the western United States) using appropriate advanced integrated gasification combined cycle technology that minimizes and offers the potential to sequester carbon dioxide emissions and that—(i) may include repowering of existing facilities;(ii) may be built in stages;(iii) shall have a combined output of at least 100 megawatts;(iv) shall be located in a western State at an altitude greater than 4,000 feet; and(v) shall demonstrate the ability to use coal with an energy content of not more than 9,000 Btu/lb;(C) a project located in a taconite-producing region of the United States that is entitled under the law of the State in which the plant is located to enter into a long-term contract approved by a State public utility commission to sell at least 450 megawatts of output to a utility;(D) facilities that—(i) generate one or more hydrogen-rich and carbon monoxide-rich product streams from the gasification of coal or coal waste; and(ii) use those streams to facilitate the production of ultra clean premium fuels through the Fischer-Tropsch process; and(E) a project to produce energy and clean fuels, using appropriate coal liquefaction technology, from Western bituminous or subbituminous coal, that—(i) is owned by a State government; and(ii) may include tribal and private coal resources.(2) Facilities that gasify coal, biomass, or petroleum coke in any combination to produce synthesis gas for use as a fuel or feedstock and for which electricity accounts for less than 65 percent of the useful energy output of the facility.(3) The Secretary is encouraged to make loan guarantees under this subchapter available for petroleum coke gasification projects.(4) Notwithstanding any other provision of law, funds awarded under the Department of Energy’s Clean Coal Power Initiative for Fischer-Tropsch coal-to-oil liquefaction projects may be used to finance the cost of loan guarantees for projects awarded such funds.
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(ii) that have a design that is determined by the Secretary to be capable of accommodating the equipment likely to be necessary to capture the carbon dioxide that would otherwise be emitted in flue gas from the plant;
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(iii) that have an assured revenue stream that covers project capital and operating costs (including servicing all debt obligations covered by the guarantee) that is approved by the Secretary and the relevant State public utility commission; and
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(3) The Secretary is encouraged to make loan guarantees under this subchapter available for petroleum coke gasification projects.
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(f) Notwithstanding subsection (a)(2), the Secretary may, if regional variation significantly affects the deployment of a technology, make guarantees under this subchapter for up to 6 projects that employ the same or similar technology as another project, provided no more than 2 projects that use the same or a similar technology are located in the same region of the United States.
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(1) programmatic, technical, and financial factors the Secretary will use to select projects for loan guarantees;
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(c) The Secretary of Energy shall enter into an arrangement with an independent auditor for annual evaluations of the program under title XVII of the Energy Policy Act of 2005 [42 U.S.C. 16501 et seq.]. In addition to the independent audit, the Comptroller General shall conduct a review every three years of the Department’s execution of the program under title XVII of the Energy Policy Act of 2005. The results of the independent audit and the Comptroller General’s review shall be provided directly to the Committees on Appropriations of the House of Representatives and the Senate.
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(d) The Secretary of Energy shall promulgate final regulations for loan guarantees under title XVII of the Energy Policy Act of 2005 [42 U.S.C. 16501 et seq.] within 6 months of February 15, 2007.
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(e) Not later than 120 days after February 15, 2007, and annually thereafter, the Secretary of Energy shall transmit to the Committees on Appropriations of the House of Representatives and the Senate a report containing a summary of all activities under title XVII of the Energy Policy Act of 2005 [42 U.S.C. 16511 et seq.], beginning in fiscal year 2007, with a listing of responses to loan guarantee solicitations under such title, describing the technologies, amount of loan guarantee sought, and the applicants’ assessment of risk.
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(a) Notwithstanding section 16513 of this title, the Secretary may make guarantees, including refinancing, under this section only for projects that—(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations;(2) enable operating energy infrastructure to increase capacity or output; or(3) support or enable the provision of known or forecastable electric supply at time intervals necessary to maintain or enhance grid reliability or other system adequacy needs.
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(1) In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available through September 30, 2028, to carry out activities under this section.
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(2) Of the amount made available under paragraph (1), the Secretary shall use not more than 3 percent for administrative expenses.
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The Secretary shall submit an annual report to the Committee on Energy and Commerce of the United States House of Representatives and to the Committee on Energy and Natural Resources of the Senate concerning the status of energy export development in Latin America and efforts by the Secretary and other departments and agencies of the United States to promote energy integration with Latin America. The report shall contain a detailed analysis of the status of energy export development in Mexico and a description of all significant efforts by the Secretary and other departments and agencies to promote a constructive relationship with Mexico regarding the development of that nation’s energy capacity. In particular this report shall outline efforts the Secretary and other departments and agencies have made to ensure that regulatory approval and oversight of United States/Mexico border projects that result in the expansion of Mexican energy capacity are effectively coordinated across departments and with the Mexican government.
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(a) The Secretary shall make a grant to an organization of oil and gas producing States, specifically those containing significant numbers of marginal oil and natural gas wells, for conducting an annual study of low-volume natural gas reservoirs. Such organization shall work with the State geologist of each State being studied.
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(d) There are authorized to be appropriated to the Secretary for carrying out this section—(1) $1,500,000 for fiscal year 2006; and(2) $450,000 for each of the fiscal years 2007 through 2010.
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(1) the procedures currently used by electric utilities to perform economic dispatch;(2) identifying possible revisions to those procedures to improve the ability of nonutility generation resources to offer their output for sale for the purpose of inclusion in economic dispatch; and(3) the potential benefits to residential, commercial, and industrial electricity consumers nationally and in each state1 if economic dispatch procedures were revised to improve the ability of nonutility generation resources to offer their output for inclusion in economic dispatch.
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(c) Not later than 90 days after August 8, 2005, and on a yearly basis following, the Secretary shall submit a report to Congress and the States on the results of the study conducted under subsection (a), including recommendations to Congress and the States for any suggested legislative or regulatory changes.
Citations to §15801(5)
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(3) The term “technology-related business concern” means a for-profit corporation, company, association, firm, partnership, or small business concern that—(A) conducts scientific or engineering research;(B) develops new technologies;(C) manufactures products based on new technologies; or(D) performs technological services.
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(1) encourage the participation of small business concerns, including socially and economically disadvantaged small business concerns (as defined in section 637(a)(4) of title 15), in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility;
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(2) report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns in the activities described in paragraph (1) along with recommendations, if appropriate, on how to improve participation;
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(3) make available to small business concerns facilities, training, mentoring, and information on how to participate in the activities described in paragraph (1);
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(4) increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and
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(b) The Secretary shall require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to establish a program to provide small business concerns with—(1) assistance directed at making the small business concerns more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facilities; or(2) general technical assistance, the cost of which shall not exceed $10,000 per instance of assistance, to improve the products or services of the small business concern.
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(1) assistance directed at making the small business concerns more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facilities; or
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(2) general technical assistance, the cost of which shall not exceed $10,000 per instance of assistance, to improve the products or services of the small business concern.
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(D) The term “small business concern” has the meaning given such term in section 632 of title 15.
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(2) The Secretary, acting through the Chief Commercialization Officer appointed under section 16391(a) of this title, and in consultation with the Directors, shall establish a program to provide small business concerns with vouchers under paragraph (3)—(A) to achieve the goal described in subsection (a)(1); and(B) to improve the products, services, and capabilities of small business concerns in the mission space of the Department.
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(B) to improve the products, services, and capabilities of small business concerns in the mission space of the Department.
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(3) Under the program, the Directors are authorized to provide to small business concerns vouchers to be used at National Laboratories and single-purpose research facilities for—(A) research, development, demonstration, technology transfer, skills training and workforce development, or commercial application activities; or(B) any other activities that the applicable Director determines appropriate.
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(A) small business concerns selected to receive a voucher under the program; and
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(d) None of the funds expended under subsection (b) may be used for direct grants to small business concerns.