Part C—Miscellaneous Provisions
§17371. Energy diplomacy and security within the Department of State
(a) State Department Coordinator for International Energy Affairs
(1) In general
The Secretary of State should ensure that energy security is integrated into the core mission of the Department of State.
(2) Coordinator for International Energy Affairs
There is established within the Office of the Secretary of State a Coordinator for International Energy Affairs, who shall be responsible for—
(A) representing the Secretary of State in interagency efforts to develop the international energy policy of the United States;
(B) ensuring that analyses of the national security implications of global energy and environmental developments are reflected in the decision making process within the Department of State;
(C) incorporating energy security priorities into the activities of the Department of State;
(D) coordinating energy activities of the Department of State with relevant Federal agencies; and
(E) coordinating energy security and other relevant functions within the Department of State currently undertaken by offices within—
(i) the Bureau of Economic, Energy and Business Affairs;
(ii) the Bureau of Oceans and International Environmental and Scientific Affairs; and
(iii) other offices within the Department of State.
(3) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
(b) Energy experts in key embassies
Not later than 180 days after December 19, 2007, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that includes—
(1) a description of the Department of State personnel who are dedicated to energy matters and are stationed at embassies and consulates in countries that are major energy producers or consumers;
(2) an analysis of the need for Federal energy specialist personnel in United States embassies and other United States diplomatic missions; and
(3) recommendations for increasing energy expertise within United States embassies among foreign service officers and options for assigning to such embassies energy attachés from the National Laboratories or other agencies within the Department of Energy.
(c) Energy advisors
The Secretary of Energy may make appropriate arrangements with the Secretary of State to assign personnel from the Department of Energy or the National Laboratories of the Department of Energy to serve as dedicated advisors on energy matters in embassies of the United States or other United States diplomatic missions.
(d) Report
Not later than 180 days after December 19, 2007, and every 2 years thereafter for the following 20 years, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes—
(1) the energy-related activities being conducted by the Department of State, including activities within—
(A) the Bureau of Economic, Energy and Business Affairs;
(B) the Bureau of Oceans and Environmental and Scientific Affairs; and
(C) other offices within the Department of State;
(2) the amount of funds spent on each activity within each office described in paragraph (1); and
(3) the number and qualification of personnel in each embassy (or relevant foreign posting) of the United States whose work is dedicated exclusively to energy matters.
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Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
§17372. Annual national energy security strategy report
(a) Reports
(1) In general
Subject to paragraph (2), on the date on which the President submits to Congress the budget for the following fiscal year under
(2) New Presidents
In addition to the reports required under paragraph (1), the President shall submit a comprehensive report on the national energy security of the United States by not later than 150 days after the date on which the President assumes the office of President after a presidential election.
(b) Contents
Each report under this section shall describe the national energy security strategy of the United States, including a comprehensive description of—
(1) the worldwide interests, goals, and objectives of the United States that are vital to the national energy security of the United States;
(2) the foreign policy, worldwide commitments, and national defense capabilities of the United States necessary—
(A) to deter political manipulation of world energy resources; and
(B) to implement the national energy security strategy of the United States;
(3) the proposed short-term and long-term uses of the political, economic, military, and other authorities of the United States—
(A) to protect or promote energy security; and
(B) to achieve the goals and objectives described in paragraph (1);
(4) the adequacy of the capabilities of the United States to protect the national energy security of the United States, including an evaluation of the balance among the capabilities of all elements of the national authority of the United States to support the implementation of the national energy security strategy; and
(5) such other information as the President determines to be necessary to inform Congress on matters relating to the national energy security of the United States.
(c) Classified and unclassified form
Each national energy security strategy report shall be submitted to Congress in—
(1) a classified form; and
(2) an unclassified form.
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Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
§17373. Convention on Supplementary Compensation for Nuclear Damage contingent cost allocation
(a) Findings and purpose
(1) Findings
Congress finds that—
(A)
(i) provides a predictable legal framework necessary for nuclear projects; and
(ii) ensures prompt and equitable compensation in the event of a nuclear incident in the United States;
(B) the Price-Anderson Act, in effect, provides operators of nuclear powerplants with insurance for damage arising out of a nuclear incident and funds the insurance primarily through the assessment of a retrospective premium from each operator after the occurrence of a nuclear incident;
(C) the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997, will establish a global system—
(i) to provide a predictable legal framework necessary for nuclear energy projects; and
(ii) to ensure prompt and equitable compensation in the event of a nuclear incident;
(D) the Convention benefits United States nuclear suppliers that face potentially unlimited liability for nuclear incidents that are not covered by the Price-Anderson Act by replacing a potentially open-ended liability with a predictable liability regime that, in effect, provides nuclear suppliers with insurance for damage arising out of such an incident;
(E) the Convention also benefits United States nuclear facility operators that may be publicly liable for a Price-Anderson incident by providing an additional early source of funds to compensate damage arising out of the Price-Anderson incident;
(F) the combined operation of the Convention, the Price-Anderson Act, and this section will augment the quantity of assured funds available for victims in a wider variety of nuclear incidents while reducing the potential liability of United States suppliers without increasing potential costs to United States operators;
(G) the cost of those benefits is the obligation of the United States to contribute to the supplementary compensation fund established by the Convention;
(H) any such contribution should be funded in a manner that does not—
(i) upset settled expectations based on the liability regime established under the Price-Anderson Act; or
(ii) shift to Federal taxpayers liability risks for nuclear incidents at foreign installations;
(I) with respect to a Price-Anderson incident, funds already available under the Price-Anderson Act should be used; and
(J) with respect to a nuclear incident outside the United States not covered by the Price-Anderson Act, a retrospective premium should be prorated among nuclear suppliers relieved from potential liability for which insurance is not available.
(2) Purpose
The purpose of this section is to allocate the contingent costs associated with participation by the United States in the international nuclear liability compensation system established by the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997—
(A) with respect to a Price-Anderson incident, by using funds made available under
(B) with respect to a covered incident outside the United States that is not a Price-Anderson incident, by allocating the contingent costs equitably, on the basis of risk, among the class of nuclear suppliers relieved by the Convention from the risk of potential liability resulting from any covered incident outside the United States.
(b) Definitions
In this section:
(1) Commission
The term "Commission" means the Nuclear Regulatory Commission.
(2) Contingent cost
The term "contingent cost" means the cost to the United States in the event of a covered incident the amount of which is equal to the amount of funds the United States is obligated to make available under paragraph 1(b) of Article III of the Convention.
(3) Convention
The term "Convention" means the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997.
(4) Covered incident
The term "covered incident" means a nuclear incident the occurrence of which results in a request for funds pursuant to Article VII of the Convention.
(5) Covered installation
The term "covered installation" means a nuclear installation at which the occurrence of a nuclear incident could result in a request for funds under Article VII of the Convention.
(6) Covered person
(A) In general
The term "covered person" means—
(i) a United States person; and
(ii) an individual or entity (including an agency or instrumentality of a foreign country) that—
(I) is located in the United States; or
(II) carries out an activity in the United States.
(B) Exclusions
The term "covered person" does not include—
(i) the United States; or
(ii) any agency or instrumentality of the United States.
(7) Nuclear supplier
The term "nuclear supplier" means a covered person (or a successor in interest of a covered person) that—
(A) supplies facilities, equipment, fuel, services, or technology pertaining to the design, construction, operation, or decommissioning of a covered installation; or
(B) transports nuclear materials that could result in a covered incident.
(8) Price-Anderson incident
The term "Price-Anderson incident" means a covered incident for which
(9) Secretary
The term "Secretary" means the Secretary of Energy.
(10) United States
(A) In general
The term "United States" has the meaning given the term in
(B) Inclusions
The term "United States" includes—
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or possession of the United States;
(iii) the Canal Zone; and
(iv) the waters of the United States territorial sea under Presidential Proclamation Number 5928, dated December 27, 1988 (
(11) United States person
The term "United States person" means—
(A) any individual who is a resident, national, or citizen of the United States (other than an individual residing outside of the United States and employed by a person who is not a United States person); and
(B) any corporation, partnership, association, joint stock company, business trust, unincorporated organization, or sole proprietorship that is organized under the laws of the United States.
(c) Use of Price-Anderson funds
(1) In general
Funds made available under
(2) Effect
The use of funds pursuant to paragraph (1) shall not reduce the limitation on public liability established under
(d) Effect on amount of public liability
(1) In general
Funds made available to the United States under Article VII of the Convention with respect to a Price-Anderson incident shall be used to satisfy public liability resulting from the Price-Anderson incident.
(2) Amount
The amount of public liability allowable under
(A) the amount of funds made available for the Price-Anderson incident under Article VII of the Convention; and
(B) the amount of funds used under subsection (c) to cover the contingent cost resulting from the Price-Anderson incident.
(e) Retrospective risk pooling program
(1) In general
Except as provided under paragraph (2), each nuclear supplier shall participate in a retrospective risk pooling program in accordance with this section to cover the contingent cost resulting from a covered incident outside the United States that is not a Price-Anderson incident.
(2) Deferred payment
(A) In general
The obligation of a nuclear supplier to participate in the retrospective risk pooling program shall be deferred until the United States is called on to provide funds pursuant to Article VII of the Convention with respect to a covered incident that is not a Price-Anderson incident.
(B) Amount of deferred payment
The amount of a deferred payment of a nuclear supplier under subparagraph (A) shall be based on the risk-informed assessment formula determined under subparagraph (C).
(C) Risk-informed assessment formula
(i) In general
Not later than 3 years after December 19, 2007, and every 5 years thereafter, the Secretary shall, by regulation, determine the risk-informed assessment formula for the allocation among nuclear suppliers of the contingent cost resulting from a covered incident that is not a Price-Anderson incident, taking into account risk factors such as—
(I) the nature and intended purpose of the goods and services supplied by each nuclear supplier to each covered installation outside the United States;
(II) the quantity of the goods and services supplied by each nuclear supplier to each covered installation outside the United States;
(III) the hazards associated with the supplied goods and services if the goods and services fail to achieve the intended purposes;
(IV) the hazards associated with the covered installation outside the United States to which the goods and services are supplied;
(V) the legal, regulatory, and financial infrastructure associated with the covered installation outside the United States to which the goods and services are supplied; and
(VI) the hazards associated with particular forms of transportation.
(ii) Factors for consideration
In determining the formula, the Secretary may—
(I) exclude—
(aa) goods and services with negligible risk;
(bb) classes of goods and services not intended specifically for use in a nuclear installation;
(cc) a nuclear supplier with a de minimis share of the contingent cost; and
(dd) a nuclear supplier no longer in existence for which there is no identifiable successor; and
(II) establish the period on which the risk assessment is based.
(iii) Application
In applying the formula, the Secretary shall not consider any covered installation or transportation for which funds would be available under
(iv) Report
Not later than 5 years after December 19, 2007, and every 5 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on whether there is a need for continuation or amendment of this section, taking into account the effects of the implementation of the Convention on the United States nuclear industry and suppliers.
(f) Reporting
(1) Collection of information
(A) In general
The Secretary may collect information necessary for developing and implementing the formula for calculating the deferred payment of a nuclear supplier under subsection (e)(2).
(B) Provision of information
Each nuclear supplier and other appropriate persons shall make available to the Secretary such information, reports, records, documents, and other data as the Secretary determines, by regulation, to be necessary or appropriate to develop and implement the formula under subsection (e)(2)(C).
(2) Private insurance
The Secretary shall make available to nuclear suppliers, and insurers of nuclear suppliers, information to support the voluntary establishment and maintenance of private insurance against any risk for which nuclear suppliers may be required to pay deferred payments under this section.
(g) Effect on liability
Nothing in any other law (including regulations) limits liability for a covered incident to an amount equal to less than the amount prescribed in paragraph 1(a) of Article IV of the Convention, unless the law—
(1) specifically refers to this section; and
(2) explicitly repeals, alters, amends, modifies, impairs, displaces, or supersedes the effect of this subsection.
(h) Payments to and by the United States
(1) Action by nuclear suppliers
(A) Notification
In the case of a request for funds under Article VII of the Convention resulting from a covered incident that is not a Price-Anderson incident, the Secretary shall notify each nuclear supplier of the amount of the deferred payment required to be made by the nuclear supplier.
(B) Payments
(i) In general
Except as provided under clause (ii), not later than 60 days after receipt of a notification under subparagraph (A), a nuclear supplier shall pay to the general fund of the Treasury the deferred payment of the nuclear supplier required under subparagraph (A).
(ii) Annual payments
A nuclear supplier may elect to prorate payment of the deferred payment required under subparagraph (A) in 5 equal annual payments (including interest on the unpaid balance at the prime rate prevailing at the time the first payment is due).
(C) Vouchers
A nuclear supplier shall submit payment certification vouchers to the Secretary of the Treasury in accordance with
(2) Use of funds
(A) In general
Amounts paid into the Treasury under paragraph (1) shall be available to the Secretary of the Treasury, without further appropriation and without fiscal year limitation, for the purpose of making the contributions of public funds required to be made by the United States under the Convention.
(B) Action by Secretary of Treasury
The Secretary of the Treasury shall pay the contribution required under the Convention to the court of competent jurisdiction under Article XIII of the Convention with respect to the applicable covered incident.
(3) Failure to pay
If a nuclear supplier fails to make a payment required under this subsection, the Secretary may take appropriate action to recover from the nuclear supplier—
(A) the amount of the payment due from the nuclear supplier;
(B) any applicable interest on the payment; and
(C) a penalty of not more than twice the amount of the deferred payment due from the nuclear supplier.
(i) Limitation on judicial review; cause of action
(1) Limitation on judicial review
(A) In general
In any civil action arising under the Convention over which Article XIII of the Convention grants jurisdiction to the courts of the United States, any appeal or review by writ of mandamus or otherwise with respect to a nuclear incident that is not a Price-Anderson incident shall be in accordance with
(B) Supreme Court jurisdiction
Nothing in this paragraph affects the jurisdiction of the Supreme Court of the United States under
(2) Cause of action
(A) In general
Subject to subparagraph (B), in any civil action arising under the Convention over which Article XIII of the Convention grants jurisdiction to the courts of the United States, in addition to any other cause of action that may exist, an individual or entity shall have a cause of action against the operator to recover for nuclear damage suffered by the individual or entity.
(B) Requirement
Subparagraph (A) shall apply only if the individual or entity seeks a remedy for nuclear damage (as defined in Article I of the Convention) that was caused by a nuclear incident (as defined in Article I of the Convention) that is not a Price-Anderson incident.
(C) Savings provision
Nothing in this paragraph may be construed to limit, modify, extinguish, or otherwise affect any cause of action that would have existed in the absence of enactment of this paragraph.
(j) Right of recourse
This section does not provide to an operator of a covered installation any right of recourse under the Convention.
(k) Protection of sensitive United States information
Nothing in the Convention or this section requires the disclosure of—
(1) any data that, at any time, was Restricted Data (as defined in
(2) information relating to intelligence sources or methods protected by
(3) national security information classified under Executive Order 12958 ([former] 50 U.S.C. 435 note; relating to classified national security information) (or a successor Executive Order or regulation).
(l) Regulations
(1) In general
The Secretary or the Commission, as appropriate, may prescribe regulations to carry out
(2) Requirement
Rules prescribed under this subsection shall ensure, to the maximum extent practicable, that—
(A) the implementation of
(B) the financial and operational burden on a Commission licensee in complying with
(3) Applicability of provision
(4) Effect of subsection
The authority provided under this subsection is in addition to, and does not impair or otherwise affect, any other authority of the Secretary or the Commission to prescribe regulations.
(m) Effective date
This section shall take effect on December 19, 2007.
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Editorial Notes
References in Text
Presidential Proclamation Number 5928, referred to in subsec. (b)(10)(B)(iv), is set out as a note under
Executive Order 12958, referred to in subsec. (k)(3), which was formerly set out as a note under section 435 (now section 3161) of Title 50, War and National Defense, was revoked by Ex. Ord. No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
§17374. Transparency in extractive industries resource payments
(a) Purpose
The purpose of this section is to—
(1) ensure greater United States energy security by combating corruption in the governments of foreign countries that receive revenues from the sale of their natural resources; and
(2) enhance the development of democracy and increase political and economic stability in such resource rich foreign countries.
(b) Statement of policy
It is the policy of the United States—
(1) to increase energy security by promoting anti-corruption initiatives in oil and natural gas rich countries; and
(2) to promote global energy security through promotion of programs such as the Extractive Industries Transparency Initiative (EITI) that seek to instill transparency and accountability into extractive industries resource payments.
(c) Sense of Congress
It is the sense of Congress that the United States should further global energy security and promote democratic development in resource-rich foreign countries by—
(1) encouraging further participation in the EITI by eligible countries and companies; and
(2) promoting the efficacy of the EITI program by ensuring a robust and candid review mechanism.
(d) Report
(1) Report required
Not later than 180 days after December 19, 2007, and annually thereafter, the Secretary of State, in consultation with the Secretary of Energy, shall submit to the appropriate congressional committees a report on progress made in promoting transparency in extractive industries resource payments.
(2) Matters to be included
The report required by paragraph (1) shall include a detailed description of United States participation in the EITI, bilateral and multilateral diplomatic efforts to further participation in the EITI, and other United States initiatives to strengthen energy security, deter energy kleptocracy, and promote transparency in the extractive industries.
(e) Authorization of appropriations
There is authorized to be appropriated $3,000,000 for the purposes of United States contributions to the Multi-Donor Trust Fund of the EITI.
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Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
§17375. Regional clean energy innovation program
(a) Definitions
In this section:
(1) Regional clean energy innovation partnership
The term "regional clean energy innovation partnership" means a group of one or more persons, including a covered consortium, who perform a collection of activities that are coordinated by such covered consortium to carry out the purposes of the program under subsection (c) in a region of the United States.
(2) Covered consortium
The term "covered consortium" means an individual or group of individuals in partnership with a government entity, including a State, territorial, local, or tribal government or unit of such government, and at least 2 or more of the following additional entities—
(A) an institution of higher education or a consortium of institutions of higher education, including community colleges;
(B) a workforce development program;
(C) a private sector entity or group of entities, including a trade or industry association;
(D) a nonprofit organization;
(E) a community group or community-based organization;
(F) a labor organization or joint labor-management organization;
(G) a National Laboratory;
(H) a venture development organization;
(I) a community development financial institution or minority depository institution;
(J) a worker cooperative membership association or state or local employee ownership or cooperative development center;
(K) an organization focused on clean energy technology innovation or entrepreneurship;
(L) a business or clean energy accelerator or incubator;
(M) an economic development organization;
(N) a manufacturing facility or organization;
(O) a multi-institutional collaboration; or
(P) any other entity that the Secretary determines to be relevant.
(3) Program
The term "program" means the Regional Clean Energy Innovation Program authorized in subsection (b).
(4) Institution of higher education
The term "institution of higher education" has the meaning given such term in
(5) National Laboratory
The term "National Laboratory" has the meaning given that term in
(6) Clean energy technology
The term "clean energy technology" means a technology that significantly reduces energy use, increases energy efficiency, reduces greenhouse gas emissions, reduces emissions of other pollutants, or mitigates other negative environmental consequences of energy production, transmission or use.
(7) Community-based organization
The term "community-based organization" has the meaning given the term in
(8) Community college
The term "community college" means—
(A) a public institution of higher education, including additional locations, at which the highest degree, or the predominantly awarded degree, is an associate degree; or
(B) any Tribal college or university (as defined in
(9) Workforce development program
The term "workforce development program" has the meaning given the term in
(b) In general
The Secretary shall establish a Regional Clean Energy Innovation Program, a research, development, demonstration, and commercial application program designed to enhance the economic, environmental, and energy security of the United States and accelerate the pace of innovation of diverse clean energy technologies through the formation or support of regional clean energy innovation partnerships.
(c) Purposes of the Program
The purposes of the Program established under subsection (b) are to—
(1) improve the competitiveness of United States' clean energy technology research, development, demonstration, and commercial application; and
(2) support the development of tools and technologies best suited for use in diverse regions of the United States, including in rural, tribal, and low-income communities.
(d) Regional clean energy innovation partnerships
(1) In general
The Secretary shall competitively award grants to covered consortia to establish or support regional clean energy innovation partnerships that achieve the purposes of the Program in subsection (c).
(2) Permissible activities
Grants awarded under this subsection shall be used for activities determined appropriate by the Secretary to achieve the purposes of the Program in subsection (c), including—
(A) facilitating the commercial application of clean energy products, processes, and services, including through research, development, demonstration, or technology transfer;
(B) planning among participants of a regional clean energy innovation partnership to improve the strategic and cost-effective coordination of the partnership;
(C) improving stakeholder involvement in the development of goals and activities of a regional clean energy innovation partnership;
(D) assessing different incentive mechanisms for clean energy development and commercial application in the region;
(E) hosting events and conferences; and
(F) establishing and updating roadmaps to measure progress on relevant goals, such as those relevant to metrics developed under subsection (g).
(3) Applications
Each application submitted to the Secretary under paragraph (1) may include—
(A) a list of members and roles of members of the covered consortia, as well as any other stakeholders supporting the activities of the regional clean energy innovation partnership;
(B) an assessment of the relevant clean energy innovation assets needed in a region to achieve proposed outcomes, such as education and workforce development programs, research facilities, infrastructure or site development, access to capital, manufacturing capabilities, or other assets;
(C) a description of proposed activities that the regional clean energy innovation partnership plans to undertake and how the proposed activities will achieve the purposes described in subsection (c);
(D) a plan for attracting additional funds and identification of funding sources from non-Federal sources to deliver the proposed outcomes of the regional clean energy innovation partnership;
(E) a plan for partnering and collaborating with community development financial institutions and minority depository institutions, labor organizations and community groups, worker cooperative membership associations, local and state employee ownership and cooperative development centers, and other local institutions in order to promote employee, community, and public ownership in the clean energy sector, and advance models of local economic development that build and retain wealth in the region;
(F) a plan for sustaining activities of the regional clean energy innovation partnership after funds received under this program have been expended; and
(G) a proposed budget, including financial contributions from non-Federal sources.
(4) Considerations
In selecting covered consortia for funding under the Program, the Secretary shall, to the maximum extent practicable—
(A) give special consideration to applications from rural, tribal, and low-income communities; and
(B) ensure that there is geographic diversity among the covered consortia selected to receive funding.
(5) Award amount
Grants given out under this Program shall be in an amount not greater than $10,000,000, with the total grant award in any year less than that in the previous year.
(6) Cost share
For grants that are disbursed over the course of three or more years, the Secretary shall require, as a condition of receipt of funds under this section, that a covered consortium provide not less than 50 percent of the funding for the activities of the regional clean energy partnership under this section for years 3, 4, and 5.
(7) Duration
Each grant under paragraph shall be for a period of not longer than 5 years.
(8) Renewal
A grant awarded under this section may be renewed for a period of not more than 5 years, subject to a rigorous merit review based on the progress of a regional clean energy innovation partnership towards achieving the purposes of the program in subsection (c) and the metrics developed under subsection (g).
(9) Termination
Consistent with the existing authorities of the Department, the Secretary may terminate grant funding under this subsection to covered consortia during the performance period if the Secretary determines that the regional clean energy innovation partnership is underperforming.
(10) Administrative costs
The Secretary may allow a covered consortium that receives funds under this section to allocate a portion of the funding received to be used for administrative or indirect costs.
(11) Funding
The Secretary may accept funds from other Federal agencies to support funding and activities under this section.
(e) Planning funds
The Secretary may competitively award grants in an amount no greater than $2,000,000 for a period not longer than 2 years to an entity consisting of a government entity, including a State, territorial, local, or tribal government or unit of such government or any entity listed under subsection (a)(2) to plan a regional clean energy innovation partnership or establish a covered consortium for the purpose of applying for funds under subsection (b).
(f) Information sharing
As part of the program, the Secretary shall support the gathering, analysis, and dissemination of information on best practices for developing and operating successful regional clean energy innovation partnerships.
(g) Metrics
In evaluating a grant renewal under subsection (d)(8), the Secretary shall work with program evaluation experts to develop and make publicly available metrics to assess the progress of a regional clean energy innovation partnership towards achieving the purposes of the program in subsection (c).
(h) Coordination
In carrying out the program, the Secretary shall coordinate with, and avoid unnecessary duplication of, the activities carried out under this section with the activities of other research entities of the Department or relevant programs at other Federal agencies.
(i) Conflicts of interest
In carrying out the program, the Secretary shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department.
(j) Evaluation by Comptroller General
Not later than 3 years after August 9, 2022, and again 3 years later, the Comptroller General 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 operation of the program during the most recent 3-year period, including—
(1) an assessment of the progress made towards achieving the purposes specified in subsection (c) based on the metrics developed under subsection (g);
(2) the short-term and long-term metrics used to determine the success of the program under subsection (g), and any changes recommended to the metrics used;
(3) the regional clean energy innovation partnerships established or supported by covered consortia that have received grants under subsection (d); and
(4) any recommendations on how the program may be improved.
(k) National Laboratories
In supporting technology transfer activities at the National Laboratories, the Secretary shall encourage partnerships with entities that are located in the same region or State as the National Laboratory.
(l) Security
In carrying out the activities under this section, the Secretary shall ensure proper security controls are in place to protect sensitive information, as appropriate.
(m) No funds for construction
No funds provided to the Department of Energy under this section shall be used for construction.
(n) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2023 through 2027.
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