Collapse to view only § 16352. Cost sharing
- § 16351. Availability of funds
- § 16352. Cost sharing
- § 16353. Merit review of proposals
- § 16354. External technical review of departmental programs
- § 16355. National Laboratory designation
- § 16356. Report on equal employment opportunity practices
- § 16357. Strategy for facilities and infrastructure
- § 16358. Strategic research portfolio analysis and coordination plan
- § 16359. Competitive award of management contracts
- § 16360. Western Michigan demonstration project
- § 16361. Arctic Engineering Research Center
- § 16362. Barrow Geophysical Research Facility
§ 16351. Availability of funds
Funds authorized to be appropriated to the Department under this Act or an amendment made by this Act shall remain available until expended.
(Pub. L. 109–58, title IX, § 987, Aug. 8, 2005, 119 Stat. 910.)
§ 16352. Cost sharing
(a) Applicability
(b) Research and development
(1) In general
(2) Exclusion
(3) Reduction
(4) Exemption for institutions of higher education and other nonprofit institutions
(A) In general
(B) Termination date
(c) Demonstration and commercial application
(1) In general
(2) Reduction of non-Federal share
(d) Calculation of amountIn 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.
(e) Repayment of Federal share
(f) ExclusionsThis section shall not apply to—
(1) a cooperative research and development agreement under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.);
(2) a fee charged for the use of a Department facility; or
(3) an award under—
(A) the small business innovation research program under section 638 of title 15; or
(B) the small business technology transfer program under that section.
(Pub. L. 109–58, title IX, § 988, Aug. 8, 2005, 119 Stat. 910; Pub. L. 115–246, title I, § 108(a), Sept. 28, 2018, 132 Stat. 3134; Pub. L. 117–167, div. B, title VI, § 10725(a), Aug. 9, 2022, 136 Stat. 1709.)
§ 16353. Merit review of proposals
(a) Awards
(b) Competition
Competitive awards under this Act shall involve competitions open to all qualified entities within one or more of the following categories:
(1) Institutions of higher education.
(2) National Laboratories.
(3) Nonprofit and for-profit private entities.
(4) State and local governments.
(5) Consortia of entities described in paragraphs (1) through (4).
(c) Sense of Congress
(Pub. L. 109–58, title IX, § 989, Aug. 8, 2005, 119 Stat. 911.)
§ 16354. External technical review of departmental programs
(a) National energy research and development advisory boards
(1) Establishment
(2) Alternatives
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.
(b) Use of existing committees
(c) Membership
(d) Meetings and goals
(1) Meetings
(2) Goals
(e) Periodic reviews and assessments
(1) In general
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.
(2) Timing
(3) Reports
(Pub. L. 109–58, title IX, § 990, Aug. 8, 2005, 119 Stat. 912; Pub. L. 117–286, § 4(a)(278), Dec. 27, 2022, 136 Stat. 4336.)
§ 16355. National Laboratory designation
After August 8, 2005, the Secretary shall not designate a facility that is not listed in section 15801(3) of this title as a National Laboratory.
(Pub. L. 109–58, title IX, § 991, Aug. 8, 2005, 119 Stat. 913.)
§ 16356. Report on equal employment opportunity practices
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—
(1) a thorough review of each National Laboratory contractor’s equal employment opportunity policies, including promotion to management and professional positions and pay raises;
(2) a statistical report on complaints and their disposition in the National Laboratories;
(3) a description of how equal employment opportunity practices at the National Laboratories are treated in the contract and in calculating award fees for each contractor;
(4) a summary of disciplinary actions and their disposition by either the Department or the relevant contractors for each National Laboratory;
(5) a summary of outreach efforts to attract women and minorities to the National Laboratories;
(6) a summary of efforts to retain women and minorities in the National Laboratories; and
(7) a summary of collaboration efforts with the Office of Federal Contract Compliance Programs to improve equal employment opportunity practices at the National Laboratories.
(Pub. L. 109–58, title IX, § 992, Aug. 8, 2005, 119 Stat. 913.)
§ 16357. Strategy for facilities and infrastructure
(a) Facility and infrastructure policy
(1) In general
(2) Strategy
The strategy shall provide cost-effective means for—
(A) maintaining existing facilities and infrastructure;
(B) closing unneeded facilities;
(C) making facility modifications; and
(D) building new facilities.
(b) Report
(1) In general
(2) Contents
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.
(Pub. L. 109–58, title IX, § 993, Aug. 8, 2005, 119 Stat. 913; Pub. L. 115–246, title II, § 205(a), Sept. 28, 2018, 132 Stat. 3137.)
§ 16358. Strategic research portfolio analysis and coordination plan
(a) In generalThe 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.
(b) Coordination analysis and plan
(1) In general
(2) Plan contentsThe plan developed under paragraph (1) shall describe—
(A) crosscutting scientific and technical issues and research questions that span more than one program or major office of the Department;
(B) ways in which the applied technology programs of the Department are coordinating activities and addressing the questions referred to in subparagraph (A);
(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;
(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;
(E) critical assessments of any ongoing programs that have experienced subpar performance or cost overruns of 10 percent or more over 1 or more years;
(F) any activities that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders; and
(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.
(c) Submission to CongressEvery 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).
(Pub. L. 109–58, title IX, § 994, as added Pub. L. 115–246, title II, § 204, Sept. 28, 2018, 132 Stat. 3136.)
§ 16359. Competitive award of management contracts
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.
(Pub. L. 109–58, title IX, § 995, Aug. 8, 2005, 119 Stat. 914.)
§ 16360. Western Michigan demonstration project
The Administrator of the Environmental Protection Agency, in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in Southwestern Michigan. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8-hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8-hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after August 8, 2005, and shall not impose any requirement or sanction under the Clean Air Act (42 U.S.C. 7401 et seq.) that might otherwise apply during the pendency of the demonstration project.
(Pub. L. 109–58, title IX, § 996, Aug. 8, 2005, 119 Stat. 915.)
§ 16361. Arctic Engineering Research Center
(a) In general
(b) Purpose
The purpose of the Center shall be to conduct research on, and develop improved methods of, construction and use of materials to improve the overall performance of roads, bridges, residential, commercial, and industrial structures, and other infrastructure in the Arctic region, with an emphasis on developing—
(1) new construction techniques for roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure that are capable of withstanding the Arctic environment and using limited energy resources as efficiently as practicable;
(2) technologies and procedures for increasing road, bridge, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure safety, reliability, and integrity in the Arctic region;
(3) new materials and improving the performance and energy efficiency of existing materials for the construction of roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure in the Arctic region; and
(4) recommendations for new local, regional, and State permitting and building codes to ensure transportation and building safety and efficient energy use when constructing, using, and occupying such infrastructure in the Arctic region.
(c) Objectives
The Center shall carry out—
(1) basic and applied research in the subjects described in subsection (b), the products of which shall be judged by peers or other experts in the field to advance the body of knowledge in road, bridge, rail, and infrastructure engineering in the Arctic region; and
(2) an ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented.
(d) Amount of grant
(e) Authorization of appropriations
(Pub. L. 109–58, title IX, § 997, Aug. 8, 2005, 119 Stat. 915.)
§ 16362. Barrow Geophysical Research Facility
(a) Establishment
(b) Authorization of appropriations
(Pub. L. 109–58, title IX, § 998, Aug. 8, 2005, 119 Stat. 916.)