SUBCHAPTER IX—RESEARCH AND DEVELOPMENT
§16181. Goals
(a) In general
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.
(b) Goals
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.
(c) Public comment
The Secretary shall provide mechanisms for input on the annually published goals from industry, institutions of higher education, and other public sources.
(d) Effect of goals
Nothing in subsection (a) or the annually published goals creates any new authority for any Federal agency, or may be used by any Federal agency, to support the establishment of regulatory standards or regulatory requirements.
(
References in Text
This subchapter, referred to in subsec. (a), was in the original "this title", meaning title IX of
Short Title
For short title of title IX of
§16182. Definitions
In this subchapter:
(1) Departmental mission
The term "departmental mission" means any of the functions vested in the Secretary by the Department of Energy Organization Act (
(2) Hispanic-serving institution
The term "Hispanic-serving institution" has the meaning given the term in
(3) Nonmilitary energy laboratory
The term "nonmilitary energy laboratory" means a National Laboratory other than a National Laboratory listed in subparagraph (G), (H), or (N) of
(4) Part B institution
The term "part B institution" has the meaning given the term in
(5) Single-purpose research facility
The term "single-purpose research facility" means—
(A) any of the primarily single-purpose entities owned by the Department; or
(B) any other organization of the Department designated by the Secretary.
(6) University
The term "university" has the meaning given the term "institution of higher education" in
(
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title IX of
The Department of Energy Organization Act, referred to in par. (1), is
Part A—Energy Efficiency
§16191. Energy efficiency
(a) In general
(1) Objectives
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.
(2) Programs
Programs under this part shall include research, development, demonstration, and commercial application of—
(A) advanced, cost-effective technologies to improve the energy efficiency and environmental performance of vehicles, including—
(i) hybrid and electric propulsion systems;
(ii) plug-in hybrid systems;
(iii) advanced combustion engines;
(iv) weight and drag reduction technologies;
(v) whole-vehicle design optimization; and
(vi) advanced drive trains;
(B) cost-effective technologies, for new construction and retrofit, to improve the energy efficiency and environmental performance of buildings, using a whole-buildings approach, including onsite renewable energy generation;
(C) advanced technologies to improve the energy efficiency, environmental performance, and process efficiency of energy-intensive and waste-intensive industries;
(D) advanced control devices to improve the energy efficiency of electric motors, including those used in industrial processes, heating, ventilation, and cooling; and
(E) technologies to improve the energy efficiency of appliances and mechanical systems for buildings in cold climates, including combined heat and power units and increased use of renewable resources, including fuel.
(b) Authorization of appropriations
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.
(c) Allocations
From amounts authorized under subsection (b), the following sums are authorized:
(1) For activities under
(2) For activities under
(3) For activities under subsection (a)(2)(A)—
(A) $200,000,000 for fiscal year 2007;
(B) $270,000,000 for fiscal year 2008; and
(C) $310,000,000 for fiscal year 2009.
(4) For activities under subsection (a)(2)(D), $2,000,000 for each of fiscal years 2007 and 2008.
(d) Extended authorization
There are authorized to be appropriated to the Secretary to carry out
(e) Limitations
None of the funds authorized to be appropriated under this section may be used for—
(1) the issuance or implementation of energy efficiency regulations;
(2) the weatherization program established under part A of title IV of the Energy Conservation and Production Act (
(3) a State energy conservation plan established under part D of title III of the Energy Policy and Conservation Act (
(4) a Federal energy management measure carried out under part 3 of title V of the National Energy Conservation Policy Act (
(
References in Text
The Energy Conservation and Production Act, referred to in subsec. (e)(2), is
The Energy Policy and Conservation Act, referred to in subsec. (e)(3), is
The National Energy Conservation Policy Act, referred to in subsec. (e)(4), is
Amendments
2007—Subsec. (a)(2)(E).
Effective Date of 2007 Amendment
Amendment by
§16192. Next Generation Lighting Initiative
(a) Definitions
In this section:
(1) Advanced solid-state lighting
The term "advanced solid-state lighting" means a semiconducting device package and delivery system that produces white light using externally applied voltage.
(2) Industry Alliance
The term "Industry Alliance" means an entity selected by the Secretary under subsection (d).
(3) Initiative
The term "Initiative" means the Next Generation Lighting Initiative carried out under this section.
(4) Research
The term "research" includes research on the technologies, materials, and manufacturing processes required for white light emitting diodes.
(5) White light emitting diode
The term "white light emitting diode" means a semiconducting package, using either organic or inorganic materials, that produces white light using externally applied voltage.
(b) Initiative
The Secretary shall carry out a Next Generation Lighting Initiative in accordance with this section to support research, development, demonstration, and commercial application activities related to advanced solid-state lighting technologies based on white light emitting diodes.
(c) Objectives
The objectives of the Initiative shall be to develop advanced solid-state organic and inorganic lighting technologies based on white light emitting diodes that, compared to incandescent and fluorescent lighting technologies, are longer lasting, are more energy-efficient and cost-competitive, and have less environmental impact.
(d) Industry Alliance
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.
(e) Research
(1) Grants
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.
(2) Industry alliance
The Secretary shall annually solicit from the Industry Alliance—
(A) comments to identify solid-state lighting technology needs;
(B) an assessment of the progress of the research activities of the Initiative; and
(C) assistance in annually updating solid-state lighting technology roadmaps.
(3) Availability to public
The information and roadmaps under paragraph (2) shall be available to the public.
(f) Development, demonstration, and commercial application
(1) In general
The Secretary shall carry out a development, demonstration, and commercial application program for the Initiative through competitively selected awards.
(2) Preference
In making the awards, the Secretary may give preference to participants in the Industry Alliance.
(g) Cost sharing
In carrying out this section, the Secretary shall require cost sharing in accordance with
(h) Intellectual property
The Secretary may require (in accordance with
(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;
(2)(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.
(i) National Academy review
The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the Initiative.
(
§16193. National Building Performance Initiative
(a) Interagency group
(1) In general
Not later than 90 days after August 8, 2005, the Director of the Office of Science and Technology Policy shall establish an interagency group to develop, in coordination with the advisory committee established under subsection (e), a National Building Performance Initiative (referred to in this section as the "Initiative").
(2) Cochairs
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.
(b) Integration of efforts
The Initiative shall integrate Federal, State, and voluntary private sector efforts to reduce the costs of construction, operation, maintenance, and renovation of commercial, industrial, institutional, and residential buildings.
(c) Plan
(1) In general
Not later than 1 year after August 8, 2005, the interagency group shall submit to Congress a plan for carrying out the appropriate Federal role in the Initiative.
(2) Inclusions
The plan shall include—
(A) research, development, demonstration, and commercial application of energy technology systems and materials for new construction and retrofit relating to the building envelope and building system components;
(B) research, development, demonstration, and commercial application of energy technology and infrastructure enabling the energy efficient, automated operation of buildings and building equipment; and
(C) the collection, analysis, and dissemination of research results and other pertinent information on enhancing building performance to industry, government entities, and the public.
(d) Department of Energy role
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.
(e) Advisory committee
The Director of the Office of Science and Technology Policy shall establish an advisory committee to—
(1) analyze and provide recommendations on potential private sector roles and participation in the Initiative; and
(2) review and provide recommendations on the plan described in subsection (c).
(f) Administration
Nothing in this section provides any Federal agency with new authority to regulate building performance.
(
§16194. Building standards
(a) Definition of high performance building
In this section, the term "high performance building" means a building that integrates and optimizes all major high-performance building attributes, including energy efficiency, durability, life-cycle performance, and occupant productivity.
(b) Assessment
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.
(c) Grant and technical assistance program
Consistent with subsection (b) and section 12(d) of the National Technology Transfer and Advancement Act of 1995 (
(
References in Text
Section 12(d) of the National Technology Transfer and Advancement Act of 1995, referred to in subsec. (c), is section 12(d) of
§16195. Secondary electric vehicle battery use program
(a) Definitions
In this section:
(1) Battery
The term "battery" means an energy storage device that previously has been used to provide motive power in a vehicle powered in whole or in part by electricity.
(2) Associated equipment
The term "associated equipment" means equipment located where the batteries will be used that is necessary to enable the use of the energy stored in the batteries.
(b) Program
(1) In general
The Secretary shall establish and conduct a program of research, development, demonstration, and commercial application of energy technology for the secondary use of batteries, if the Secretary finds that there are sufficient numbers of batteries to support the program.
(2) Administration
The program shall be—
(A) designed to demonstrate the use of batteries in secondary applications, including utility and commercial power storage and power quality;
(B) structured to evaluate the performance, including useful service life and costs, of such batteries in field operations, and the necessary supporting infrastructure, including reuse and disposal of batteries; and
(C) coordinated with ongoing secondary battery use programs at the National Laboratories and in industry.
(c) Solicitation
(1) In general
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.
(2) Additional solicitations
The Secretary may make additional solicitations for proposals if the Secretary determines that the solicitations are necessary to carry out this section.
(d) Selection of proposals
(1) In general
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.
(2) Factors
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.
(3) Limitation
No one project selected under this section shall receive more than 25 percent of the funds made available to carry out the program under this section.
(4) Non-Federal involvement
In selecting proposals, the Secretary shall consider the extent of involvement of State or local government and other persons in each demonstration project to optimize use of Federal resources.
(5) Other criteria
In selecting proposals, the Secretary may consider such other criteria as the Secretary considers appropriate.
(e) Conditions
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
(
§16196. Energy Efficiency Science Initiative
(a) Establishment
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
(b) Report
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.
(
§16197. Advanced Energy Technology Transfer Centers
(a) Grants
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.
(b) Activities
Each Center shall operate a program to encourage demonstration and commercial application of advanced energy methods and technologies through education and outreach to building and industrial professionals, and to other individuals and organizations with an interest in efficient energy use. Funds awarded under this section may be used for the following activities:
(1) Developing and distributing informational materials on technologies that could use energy more efficiently.
(2) Carrying out demonstrations of advanced energy methods and technologies.
(3) Developing and conducting seminars, workshops, long-distance learning sessions, and other activities to aid in the dissemination of knowledge and information on technologies that could use energy more efficiently.
(4) Providing or coordinating onsite energy evaluations, including instruction on the commissioning of building heating and cooling systems, for a wide range of energy end-users.
(5) Examining the energy efficiency needs of energy end-users to develop recommended research projects for the Department.
(6) Hiring experts in energy efficient technologies to carry out activities described in paragraphs (1) through (5).
(c) Application
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.
(d) Selection criteria
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.
(e) Cost-sharing
In carrying out this section, the Secretary shall require cost-sharing in accordance with the requirements of
(f) Duration
(1) Initial grant period
A grant awarded under this section shall be for a period of 5 years.
(2) Initial evaluation
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.
(3) Additional extension
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.
(4) Limitation
No grantee may receive more than 11 years of support under this section without reapplying for support and competing against all other applicants seeking a grant at that time.
(g) Prohibition
None of the funds awarded under this section may be used for the construction of facilities.
(h) Definitions
For purposes of this section:
(1) Advanced energy methods and technologies
The term "advanced energy methods and technologies" means all methods and technologies that promote energy efficiency and conservation, including distributed generation technologies, and life-cycle analysis of energy use.
(2) Center
The term "Center" means an Advanced Energy Technology Transfer Center established pursuant to this section.
(3) Distributed generation
The term "distributed generation" means an electric power generation technology, including photovoltaic, small wind, and micro-combined heat and power, that serves electric consumers at or near the site of production.
(4) Cooperative Extension
The term "Cooperative Extension" means the extension services established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914 [
(5) Land-grant colleges and universities
The term "land-grant colleges and universities" means—
(A) 1862 Institutions (as defined in
(B) 1890 Institutions (as defined in
(C) 1994 Institutions (as defined in
(i) Authorization of appropriations
In addition to amounts otherwise authorized to be appropriated in
(
References in Text
The Smith-Lever Act of May 8, 1914, referred to in subsec. (h)(4), is act May 8, 1914, ch. 79,
Codification
May 8, 2008, referred to in subsec. (a), was in the original "the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2008" and was translated as meaning the date of enactment of the Consolidated Natural Resources Act of 2008,
Amendments
2008—
Part B—Distributed Energy and Electric Energy Systems
§16211. Distributed energy and electric energy systems
(a) In general
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.
(b) Authorization of appropriations
(1) Distributed energy and electric energy systems activities
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.
(2) Power delivery research initiative
There are authorized to be appropriated to the Secretary to carry out the Power Delivery Research Initiative under subsection 1 16215(e) of this title such sums as may be necessary for each of fiscal years 2007 through 2009.
(c) Micro-cogeneration energy technology
From amounts authorized under subsection (b), $20,000,000 for each of fiscal years 2007 and 2008 shall be available to carry out activities under
(d) High-voltage transmission lines
From amounts authorized under subsection (b), $2,000,000 for fiscal year 2007 shall be available to carry out activities under
(
1 So in original. Probably should be "section".
§16212. High power density industry program
(a) In general
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.
(b) Technologies
The program shall consider technologies that provide significant improvement in thermal controls, metering, load management, peak load reduction, or the efficient cooling of electronics.
(
§16213. Micro-cogeneration energy technology
(a) In general
The Secretary shall make competitive, merit-based grants to consortia for the development of micro-cogeneration energy technology.
(b) Uses
The consortia shall explore—
(1) the use of small-scale combined heat and power in residential heating appliances;
(2) the use of excess power to operate other appliances within the residence; and
(3) the supply of excess generated power to the power grid.
(
§16214. Distributed energy technology demonstration programs
(a) Coordinating consortia program
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.
(b) Small-scale portable power program
(1) In general
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.
(2) Organization
The universities identified and utilized under paragraph (1)(B) are authorized to establish an organization to promote small scale portable power devices.
(3) Definition
For purposes of this subsection, the term "small scale portable power device" means a field-deployable portable mechanical or electromechanical device that can be used for applications such as communications, computation, mobility enhancement, weapons systems, optical devices, cooling, sensors, medical devices, and active biological agent detection systems.
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§16215. Electric transmission and distribution programs
(a) Program
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) any other infrastructure technologies, as appropriate; and
(11) technology transfer and education.
(b) Program plan
(1) In general
Not later than 1 year after August 8, 2005, the Secretary, in consultation with other appropriate Federal agencies, shall prepare and submit to Congress a 5-year program plan to guide activities under this section.
(2) Consultation
In preparing the program plan, the Secretary shall consult with—
(A) utilities;
(B) energy service providers;
(C) manufacturers;
(D) institutions of higher education;
(E) other appropriate State and local agencies;
(F) environmental organizations;
(G) professional and technical societies; and
(H) any other persons the Secretary considers appropriate.
(c) Implementation
The Secretary shall consider implementing the program under this section using a consortium of participants from industry, institutions of higher education, and National Laboratories.
(d) Report
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.
(e) Power delivery research initiative
(1) In general
The Secretary shall establish a research, development, and demonstration initiative specifically focused on power delivery using components incorporating high temperature superconductivity.
(2) Goals
The goals of the Initiative shall be—
(A) to establish world-class facilities to develop high temperature superconductivity power applications in partnership with manufacturers and utilities;
(B) to provide technical leadership for establishing reliability for high temperature superconductivity power applications, including suitable modeling and analysis;
(C) to facilitate the commercial transition toward direct current power transmission, storage, and use for high power systems using high temperature superconductivity; and
(D) to facilitate the integration of very low impedance high temperature superconducting wires and cables in existing electric networks to improve system performance, power flow control, and reliability.
(3) Inclusions
The Initiative shall include—
(A) feasibility analysis, planning, research, and design to construct demonstrations of superconducting links in high power, direct current, and controllable alternating current transmission systems;
(B) public-private partnerships to demonstrate deployment of high temperature superconducting cable into testbeds simulating a realistic transmission grid and under varying transmission conditions, including actual grid insertions; and
(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.
(f) Transmission and distribution grid planning and operations initiative
(1) In general
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.
(2) Goals
The goals of the Initiative shall be—
(A)(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
(ii) to ensure commercial development in partnership with software vendors and utilities;
(B) to provide technical leadership in engineering and economic analysis for the reliability and efficiency of power systems planning and operations in the presence of competitive markets for electricity;
(C) to model, simulate, and experiment with new market mechanisms and operating practices to understand and optimize those new methods before actual use; and
(D) to provide technical support and technology transfer to electric utilities and other participants in the domestic electric industry and marketplace.
(g) High-voltage transmission lines
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.
(
Part C—Renewable Energy
§16231. Renewable energy
(a) In general
(1) Objectives
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.
(2) Programs
(A) Solar energy
The Secretary shall conduct a program of research, development, demonstration, and commercial application for solar energy, including—
(i) photovoltaics;
(ii) solar hot water and solar space heating;
(iii) concentrating solar power;
(iv) lighting systems that integrate sunlight and electrical lighting in complement to each other in common lighting fixtures for the purpose of improving energy efficiency;
(v) manufacturability of low cost, high quality solar systems; and
(vi) development of products that can be easily integrated into new and existing buildings.
(B) Wind energy
The Secretary shall conduct a program of research, development, demonstration, and commercial application for wind energy, including—
(i) low speed wind energy;
(ii) offshore wind energy;
(iii) testing and verification (including construction and operation of a research and testing facility capable of testing wind turbines); and
(iv) distributed wind energy generation.
(C) Geothermal
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.
(D) Hydropower
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.
(E) Miscellaneous projects
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.
(b) Authorization of appropriations
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.
(c) Bioenergy
From the amounts authorized under subsection (b), there are authorized to be appropriated to carry out
(1) $213,000,000 for fiscal year 2007, of which $100,000,000 shall be for
(2) $377,000,000 for fiscal year 2008, of which $125,000,000 shall be for
(3) $398,000,000 for fiscal year 2009, of which $150,000,000 shall be for
(4) $419,000,000 for fiscal year 2010, of which $150,000,000 shall be for
(d) Solar power
From amounts authorized under subsection (b), there is authorized to be appropriated to carry out activities under subsection (a)(2)(A)—
(1) $140,000,000 for fiscal year 2007, of which $40,000,000 shall be for activities under
(2) $200,000,000 for fiscal year 2008, of which $50,000,000 shall be for activities under
(3) $250,000,000 for fiscal year 2009, of which $50,000,000 shall be for activities under
(e) Administration
Of the funds authorized under subsection (c), not less than $5,000,000 for each fiscal year shall be made available for grants to—
(1) part B institutions;
(2) Tribal Colleges or Universities (as defined in
(3) Hispanic-serving institutions.
(f) Rural demonstration projects
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.
(g) Analysis and evaluation
(1) In general
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.
(2) Funding
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.
(
Amendments
2007—Subsec. (b)(4).
Subsec. (c)(2) to (4).
Effective Date of 2007 Amendment
Amendment by
§16232. Bioenergy program
(a) Definitions
In this section:
(1) Biomass
The term "biomass" means—
(A) any organic material grown for the purpose of being converted to energy;
(B) any organic byproduct of agriculture (including wastes from food production and processing) that can be converted into energy; or
(C) any waste material that can be converted to energy, is segregated from other waste materials, and is derived from—
(i) any of the following forest-related resources: mill residues, precommercial thinnings, slash, brush, or otherwise nonmerchantable material; or
(ii) wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste, gas derived from the biodegradation of municipal solid waste, or paper that is commonly recycled.
(2) Lignocellulosic feedstock
The term "lignocellulosic feedstock" means any portion of a plant or coproduct from conversion, including crops, trees, forest residues, and agricultural residues not specifically grown for food, including from barley grain, grapeseed, rice bran, rice hulls, rice straw, soybean matter, and sugarcane bagasse.
(b) Program
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.
(c) Biofuels and bioproducts
The goals of the biofuels and bioproducts programs shall be to develop, in partnership with industry and institutions of higher education—
(1) advanced biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks that are price-competitive with gasoline or diesel in either internal combustion engines or fuel cell-powered vehicles;
(2) advanced biotechnology processes capable of making biofuels and bioproducts with emphasis on development of biorefinery technologies using enzyme-based processing systems;
(3) advanced biotechnology processes capable of increasing energy production from lignocellulosic feedstocks, with emphasis on reducing the dependence of industry on fossil fuels in manufacturing facilities; and
(4) other advanced processes that will enable the development of cost-effective bioproducts, including biofuels.
(d) Integrated biorefinery demonstration projects
(1) In general
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.
(2) Proposals
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.
(e) University biodiesel program
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.
(g) 1 Biorefinery energy efficiency
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.
(h) Retrofit technologies for the development of ethanol from cellulosic materials
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.
(
Amendments
2007—Subsecs. (g), (h).
Effective Date of 2007 Amendment
Amendment by
1 So in original. No subsec. (f) has been enacted.
§16233. Low-cost renewable hydrogen and infrastructure for vehicle propulsion
The Secretary shall—
(1) establish a research, development, and demonstration program to determine the feasibility of using hydrogen propulsion in light-weight vehicles and the integration of the associated hydrogen production infrastructure using off-the-shelf components; and
(2) identify universities and institutions that—
(A) have expertise in researching and testing vehicles fueled by hydrogen, methane, and other fuels;
(B) have expertise in integrating off-the-shelf components to minimize cost; and
(C) within 2 years can test a vehicle based on an existing commercially available platform with a curb weight of not less than 2,000 pounds before modifications, that—
(i) operates solely on hydrogen;
(ii) qualifies as a light-duty passenger vehicle; and
(iii) uses hydrogen produced from water using only solar energy.
(
§16234. Concentrating solar power research program
(a) In general
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.
(b) Administration
The program shall take advantage of existing facilities to the extent practicable and shall include—
(1) development of optimized technologies that are common to both electricity and hydrogen production;
(2) evaluation of thermochemical cycles for hydrogen production at the temperatures attainable with concentrating solar power;
(3) evaluation of materials issues for the thermochemical cycles described in paragraph (2);
(4) cogeneration of solar thermal electric power and photo-synthetic-based hydrogen production;
(5) system architectures and economics studies; and
(6) coordination with activities under the Next Generation Nuclear Plant Project established under part B of subchapter VI on high temperature materials, thermochemical cycles, and economic issues.
(c) Assessment
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.
(d) Report
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.
(
§16235. Renewable energy in public buildings
(a) Demonstration and technology transfer program
The Secretary shall establish a program for the demonstration of innovative technologies for solar and other renewable energy sources in buildings owned or operated by a State or local government, and for the dissemination of information resulting from such demonstration to interested parties.
(b) Limit on Federal funding
Notwithstanding
(c) Requirements
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.
(
Part D—Agricultural Biomass Research and Development Programs
§16251. Production incentives for cellulosic biofuels
(a) Purpose
The purpose of this section is to—
(1) accelerate deployment and commercialization of biofuels;
(2) deliver the first 1,000,000,000 gallons in annual cellulosic biofuels production by 2015;
(3) ensure biofuels produced after 2015 are cost competitive with gasoline and diesel; and
(4) ensure that small feedstock producers and rural small businesses are full participants in the development of the cellulosic biofuels industry.
(b) Definitions
In this section:
(1) Cellulosic biofuels
The term "cellulosic biofuels" means any fuel that is produced from cellulosic feedstocks.
(2) Eligible entity
The term "eligible entity" means a producer of fuel from cellulosic biofuels the production facility of which—
(A) is located in the United States;
(B) meets all applicable Federal and State permitting requirements; and
(C) meets any financial criteria established by the Secretary.
(c) Program
(1) Establishment
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.
(2) Basis of incentives
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.
(3) First reverse auction
The first reverse auction shall be held on the earlier of—
(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
(B) not later than 3 years after August 8, 2005.
(4) Reverse auction procedure
(A) In general
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.
(B) Amount of incentive received
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.
(C) Commencement of production of cellulosic biofuels
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.
(d) Limitations
Awards under this section shall be limited to—
(1) a per gallon amount determined by the Secretary during the first 4 years of the program;
(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;
(3) not more than 25 percent of the funds committed within each reverse auction to any 1 project;
(4) not more than $100,000,000 in any 1 year; and
(5) not more than $1,000,000,000 over the lifetime of the program.
(e) Priority
In selecting a project under the program, the Secretary shall give priority to projects that—
(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.
(f) Authorizations of appropriations
There is authorized to be appropriated to carry out this section $250,000,000.
(
§16252. Education
(1) In general
The Architect of the Capitol shall establish in the Capitol Complex a program of public education regarding use by the Architect of the Capitol of biobased products.
(2) Purposes
The purposes of the program shall be—
(A) to establish the Capitol Complex as a showcase for the existence and benefits of biobased products; and
(B) to provide access to further information on biobased products to occupants and visitors.
(
§16253. Small business bioproduct marketing and certification grants
(a) In general
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).
(b) Eligible entities
(1) In general
An entity eligible for a grant under this section is any manufacturer of biobased products that—
(A) proposes to use the grant for the biobased product marketing and certification purposes described in subsection (c); and
(B) has not previously received a grant under this section.
(2) Preference
In making grants under this section, the Secretary shall provide a preference to an eligible entity that has fewer than 50 employees.
(c) Biobased product marketing and certification grant purposes
A grant made under this section shall be used—
(1) to provide working capital for marketing of biobased products; and
(2) to provide for the certification of biobased products to—
(A) qualify for the label described in
(B) meet other biobased standards determined appropriate by the Secretary.
(d) Matching funds
(1) In general
Grant recipients shall provide matching non-Federal funds equal to the amount of the grant received.
(2) Expenditure
Matching funds shall be expended in advance of grant funding, so that for every dollar of grant that is advanced, an equal amount of matching funds shall have been funded prior to submitting the request for reimbursement.
(e) Amount
A grant made under this section shall not exceed $100,000.
(f) Administration
The Secretary shall establish such administrative requirements for grants under this section, including requirements for applications for the grants, as the Secretary considers appropriate.
(g) Authorizations of appropriations
There are authorized to be appropriated to make grants under this section—
(1) $1,000,000 for fiscal year 2006; and
(2) such sums as are necessary for each of fiscal years 2007 through 2015.
(
Amendments
2014—Subsec. (c)(2)(A).
§16254. Regional bioeconomy development grants
(a) In general
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).
(b) Eligible entities
An entity eligible for a grant under this section is any regional bioeconomy development association, agricultural or energy trade association, or Land Grant institution that—
(1) proposes to use the grant for the purposes described in subsection (c); and
(2) has not previously received a grant under this section.
(c) Regional bioeconomy development association grant purposes
A grant made under this section shall be used to support and promote the growth and development of the bioeconomy within the region served by the eligible entity, through coordination, education, outreach, and other endeavors by the eligible entity.
(d) Matching funds
(1) In general
Grant recipients shall provide matching non-Federal funds equal to the amount of the grant received.
(2) Expenditure
Matching funds shall be expended in advance of grant funding, so that for every dollar of grant that is advanced, an equal amount of matching funds shall have been funded prior to submitting the request for reimbursement.
(e) Administration
The Secretary shall establish such administrative requirements for grants under this section, including requirements for applications for the grants, as the Secretary considers appropriate.
(f) Amount
A grant made under this section shall not exceed $500,000.
(g) Authorizations of appropriations
There are authorized to be appropriated to make grants under this section—
(1) $1,000,000 for fiscal year 2006; and
(2) such sums as are necessary for each of fiscal years 2007 through 2015.
(
§16255. Preprocessing and harvesting demonstration grants
(a) In general
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.
(b) Limitations on grants
(1) Number of grants
Not more than 5 demonstration projects per fiscal year shall be funded under this section.
(2) Non-Federal cost share
The non-Federal cost share of a project under this section shall be not less than 20 percent, as determined by the Secretary.
(c) Condition of grant
To be eligible for a grant for a project under this section, a recipient of a grant or a participating entity shall agree to use the material harvested under the project—
(1) to produce ethanol; or
(2) for another energy purpose, such as the generation of heat or electricity.
(d) Authorization for appropriations
There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2006 through 2010.
(
§16256. Education and outreach
(a) In general
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.
(b) Authorization of appropriations
There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2006 through 2010.
(
Part E—Nuclear Energy
§16271. Nuclear energy
(a) Mission
(1) In general
The Secretary shall carry out programs of civilian nuclear research, development, demonstration, and commercial application, including activities under this part.
(2) Considerations
The programs carried out under paragraph (1) shall take into consideration the following objectives:
(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.
(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.
(C) Providing the technical means to reduce the likelihood of nuclear proliferation.
(D) Increasing confidence margins for public safety of nuclear energy systems.
(E) Reducing the environmental impact of activities relating to nuclear energy.
(F) Supporting technology transfer from the National Laboratories to the private sector.
(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).
(b) Definitions
In this part:
(1) Advanced nuclear reactor
The term "advanced nuclear reactor" means—
(A) a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors, which may include—
(i) inherent safety features;
(ii) lower waste yields;
(iii) greater fuel utilization;
(iv) superior reliability;
(v) resistance to proliferation;
(vi) increased thermal efficiency; and
(vii) the ability to integrate into electric and nonelectric applications; or
(B) a nuclear fusion reactor.
(2) Commission
The term "Commission" means the Nuclear Regulatory Commission.
(3) Fast neutron
The term "fast neutron" means a neutron with kinetic energy above 100 kiloelectron volts.
(4) National Laboratory
(A) In general
Except as provided in subparagraph (B), the term "National Laboratory" has the meaning given the term in
(B) Limitation
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.
(5) Neutron flux
The term "neutron flux" means the intensity of neutron radiation measured as a rate of flow of neutrons applied over an area.
(6) Neutron source
The term "neutron source" means a research machine that provides neutron irradiation services for—
(A) research on materials sciences and nuclear physics; and
(B) testing of advanced materials, nuclear fuels, and other related components for reactor systems.
(
Amendments
2018—
§16272. Nuclear energy research programs
(a) Nuclear Energy Research Initiative
The Secretary shall carry out a Nuclear Energy Research Initiative for research and development related to nuclear energy.
(b) Nuclear Energy Systems Support Program
The Secretary shall carry out a Nuclear Energy Systems Support Program to support research and development activities addressing reliability, availability, productivity, component aging, safety, and security of existing nuclear power plants.
(c) Generation IV Nuclear Energy Systems Initiative
(1) In general
The Secretary shall carry out a Generation IV Nuclear Energy Systems Initiative to develop an overall technology plan for and to support research and development necessary to make an informed technical decision about the most promising candidates for eventual commercial application.
(2) Administration
In conducting the Initiative, the Secretary shall examine advanced proliferation-resistant and passively safe reactor designs, including designs that—
(A) are economically competitive with other electric power generation plants;
(B) have higher efficiency, lower cost, and improved safety compared to reactors in operation on August 8, 2005;
(C) use fuels that are proliferation resistant and have substantially reduced production of high-level waste per unit of output; and
(D) use improved instrumentation.
(d) Reactor production of hydrogen
The Secretary shall carry out research to examine designs for high-temperature reactors capable of producing large-scale quantities of hydrogen.
(
Amendments
2018—Subsecs. (c) to (e).
§16273. Advanced fuel cycle initiative
(a) In general
The Secretary shall conduct an advanced fuel recycling technology research, development, and demonstration program (referred to in this section as the "program") to evaluate proliferation-resistant fuel recycling and transmutation technologies that minimize environmental and public health and safety impacts as an alternative to aqueous reprocessing technologies deployed as of August 8, 2005, in support of evaluation of alternative national strategies for spent nuclear fuel and the Generation IV advanced reactor concepts.
(b) Annual review
The program shall be subject to annual review by the Nuclear Energy Research Advisory Committee of the Department or other independent entity, as appropriate.
(c) International cooperation
In carrying out the program, the Secretary is encouraged to seek opportunities to enhance the progress of the program through international cooperation.
(d) Reports
The Secretary shall submit, as part of the annual budget submission of the Department, a report on the activities of the program.
(
Amendments
2018—Subsec. (a).
§16274. University nuclear science and engineering support
(a) In general
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.
(b) Requirements
In carrying out the program under this section, the Secretary shall—
(1) 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;
(2) 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;
(3) support fundamental nuclear sciences, engineering, and health physics research through a nuclear engineering education and research program;
(4) encourage collaborative nuclear research among industry, National Laboratories, and universities; and
(5) support communication and outreach related to nuclear science, engineering, and health physics.
(c) University-National Laboratory interactions
The Secretary shall conduct—
(1) a fellowship program for professors at universities to spend sabbaticals at National Laboratories in the areas of nuclear science and technology; and
(2) a visiting scientist program in which National Laboratory staff can spend time in academic nuclear science and engineering departments.
(d) Strengthening university research and training reactors and associated infrastructure
In carrying out the program under this section, the Secretary may support—
(1) converting research reactors from high-enrichment fuels to low-enrichment fuels and upgrading operational instrumentation;
(2) consortia of universities to broaden access to university research reactors;
(3) student training programs, in collaboration with the United States nuclear industry, in relicensing and upgrading reactors, including through the provision of technical assistance; and
(4) reactor improvements that emphasize research, training, and education, including through the Innovations in Nuclear Infrastructure and Education Program or any similar program.
(e) Operations and maintenance
Funding for a project provided under this section may be used for a portion of the operating and maintenance costs of a research reactor at a university used in the project.
(f) Definition
In this section, the term "junior faculty" means a faculty member who was awarded a doctorate less than 10 years before receipt of an award from the grant program described in subsection (b)(2).
(
Amendments
2018—Subsec. (d)(4).
§16274a. Integrated University Program
(a) The Secretary of Energy, along with the Administrator of the National Nuclear Security Administration and the Chairman of the Nuclear Regulatory Commission, shall establish an Integrated University Program.
(b) For the purposes of carrying out this section, $45,000,000 is authorized to be appropriated in each of fiscal years 2009 to 2019 as follows:
(1) $15,000,000 for the Department of Energy;
(2) $15,000,000 for the Nuclear Regulatory Commission; and
(3) $15,000,000 for the National Nuclear Security Administration.
(c) Of the amounts authorized to carry out this section, $10,000,000 shall be used by each organization to support university research and development in areas relevant to their respective organization's mission, and $5,000,000 shall be used by each organization to support a jointly implemented Nuclear Science and Engineering Grant Program that will support multiyear research projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering.
(
Codification
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Energy Policy Act of 2005 which comprises this chapter.
§16275. Department of Energy civilian nuclear infrastructure and facilities
(a) In general
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.
(b) Duties
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.
(c) Versatile neutron source
(1) Mission need
(A) In general
Not later than December 31, 2017, the Secretary shall determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility.
(B) Consultations required
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.
(2) Establishment
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.
(3) Facility requirements
(A) Capabilities
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.
(B) Considerations
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.
(4) Deadline for establishment
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, 2025.
(5) Reporting
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).
(6) Coordination
The Secretary shall leverage the best practices for management, construction, and operation of national user facilities from the Office of Science.
(
Amendments
2018—Subsecs. (c), (d).
§16276. Security of nuclear facilities
The Secretary shall conduct a research and development program on cost-effective technologies for increasing—
(1) the safety of nuclear facilities from natural phenomena; and
(2) the security of nuclear facilities from deliberate attacks.
(
Amendments
2018—
§16277. High-performance computation and supportive research
(a) Modeling and simulation
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.
(b) Coordination
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.
(c) Supportive research activities
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.
(
References in Text
Executive Order 13702, referred to in subsec. (b), is set out as a note under
Amendments
2018—
§16278. Enabling nuclear energy innovation
(a) National Reactor Innovation Center
There is authorized a program to enable the testing and demonstration of reactor concepts to be proposed and funded, in whole or in part, by the private sector.
(b) Technical expertise
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.
(c) Objectives
The reactors described in subsection (b) shall operate to meet the following objectives:
(1) Enabling physical validation of advanced nuclear reactor concepts.
(2) Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of advanced nuclear reactor concepts.
(3) General research and development to improve nascent technologies.
(d) Sharing technical expertise
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.
(e) Agency coordination
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.
(f) Reporting requirements
(1) In general
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).
(2) Contents
The report submitted under paragraph (1) shall address—
(A) the safety review and oversight capabilities of the Department, including options to leverage expertise from the Commission and the National Laboratories;
(B) options to regulate privately proposed and funded experimental reactors hosted by the Department;
(C) potential sites capable of hosting privately funded experimental advanced nuclear reactors;
(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;
(E) the liability of the Federal Government with respect to the disposal of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in
(F) the impact on the aggregate inventory in the United States of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in
(G) potential cost structures relating to physical security, decommissioning, liability, and other long-term project costs; and
(H) other challenges or considerations identified by the Secretary.
(3) Updates
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.
(g) Savings clauses
(1) Licensing requirement
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
(2) Financial protection
Any activity carried out under this section that involves the risk of public liability shall be subject to the financial protection or indemnification requirements of
(
§16279. Budget plan
(a) In general
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).
(b) Budget plan alternative 1
One of the budget plans submitted under subsection (a) shall assume constant annual funding for 10 years at the appropriated level for the civilian nuclear energy research and development of the Department for fiscal year 2016.
(c) Budget plan alternative 2
One of the budget plans submitted under subsection (a) shall be an unconstrained budget.
(d) Inclusions
Each alternative budget plan submitted under subsection (a) shall include—
(1) a prioritized list of the programs, projects, and activities of the Department to best support the development of advanced nuclear reactor technologies;
(2) realistic budget requirements for the Department to implement
(3) the justification of the Department for continuing or terminating existing civilian nuclear energy research and development programs.
(
§16280. Advanced Nuclear Energy Licensing Cost-Share Grant Program
(a) Definitions
In this section:
(1) Commission
The term "Commission" means the Nuclear Regulatory Commission.
(2) Program
The term "program" means the Advanced Nuclear Energy Cost-Share Grant Program established under subsection (b).
(3) Secretary
The term "Secretary" means the Secretary of Energy.
(b) Establishment
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.
(c) Requirement
The Secretary shall seek out technology diversity in making grants under the program.
(d) Cost-share amount
The Secretary shall determine the cost-share amount for each grant under the program in accordance with
(e) Use of funds
A recipient of a grant under the program may use the grant funds to cover Commission fees, including those fees associated with—
(1) developing a licensing project plan;
(2) obtaining a statement of licensing feasibility;
(3) reviewing topical reports; and
(4) other—
(A) pre-application review activities;
(B) application review activities; and
(C) interactions with the Commission.
(
Codification
Section was enacted as part of the Nuclear Energy Innovation Capabilities Act of 2017, and not as part of the Energy Policy Act of 2005 which comprises this chapter.
Part F—Fossil Energy
§16291. Fossil energy
(a) In general
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. Such programs take into consideration the following objectives:
(1) Increasing the energy conversion efficiency of all forms of fossil energy through improved technologies.
(2) Decreasing the cost of all fossil energy production, generation, and delivery.
(3) Promoting diversity of energy supply.
(4) Decreasing the dependence of the United States on foreign energy supplies.
(5) Improving United States energy security.
(6) Decreasing the environmental impact of energy-related activities.
(7) Increasing the export of fossil energy-related equipment, technology, and services from the United States.
(b) Authorization of appropriations
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.
(c) Allocations
From amounts authorized under subsection (a), the following sums are authorized:
(1) For activities under
(A) $367,000,000 for fiscal year 2007;
(B) $376,000,000 for fiscal year 2008; and
(C) $394,000,000 for fiscal year 2009.
(2) For activities under
(A) $20,000,000 for fiscal year 2007;
(B) $25,000,000 for fiscal year 2008; and
(C) $30,000,000 for fiscal year 2009.
(3) For activities under
(A) $1,500,000 for fiscal year 2007; and
(B) $450,000 for each of fiscal years 2008 and 2009.
(4) For the Office of Arctic Energy under
(d) Extended authorization
There are authorized to be appropriated to the Secretary for the Office of Arctic Energy established under
(e) Limitations
(1) Uses
None of the funds authorized under this section may be used for Fossil Energy Environmental Restoration or Import/Export Authorization.
(2) Institutions of higher education
Of the funds authorized under subsection (c)(2), not less than 20 percent of the funds appropriated for each fiscal year shall be dedicated to research and development carried out at institutions of higher education.
(
References in Text
This part, referred to in subsecs. (a) and (b), was in the original "this subtitle", meaning subtitle F (§§961–968) of title IX of
§16291a. Property interests
That for all programs funded under Fossil Energy appropriations in this and subsequent Acts, the Secretary may vest fee title or other property interests acquired under projects in any entity, including the United States.
(
Codification
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Energy Policy Act of 2005 which comprises this chapter.
Definitions
For definition of "this [Act]", referred to in text, see section 3 of
§16292. Coal and related technologies program
(a) In general
In addition to the programs authorized under subchapter IV, the Secretary shall conduct a program of technology research, development, demonstration, and commercial application for coal and power systems, including programs to facilitate production and generation of coal-based power through—
(1) innovations for existing plants (including mercury removal);
(2) gasification systems;
(3) advanced combustion systems;
(4) turbines for synthesis gas derived from coal;
(5) carbon capture and sequestration research and development;
(6) coal-derived chemicals and transportation fuels;
(7) liquid fuels derived from low rank coal water slurry;
(8) solid fuels and feedstocks;
(9) advanced coal-related research;
(10) advanced separation technologies; and
(11) fuel cells for the operation of synthesis gas derived from coal.
(b) Cost and performance goals
(1) In general
In carrying out programs authorized by this section, during each of calendar years 2008, 2010, 2012, and 2016, and during each fiscal year beginning after September 30, 2021, the Secretary shall identify cost and performance goals for coal-based technologies that would permit the continued cost-competitive use of coal for the production of electricity, chemical feedstocks, and transportation fuels.
(2) Administration
In establishing the cost and performance goals, the Secretary shall—
(A) consider activities and studies undertaken as of August 8, 2005, by industry in cooperation with the Department in support of the identification of the goals;
(B) consult with interested entities, including—
(i) coal producers;
(ii) industries using coal;
(iii) organizations that promote coal and advanced coal technologies;
(iv) environmental organizations;
(v) organizations representing workers; and
(vi) organizations representing consumers;
(C) not later than 120 days after August 8, 2005, publish in the Federal Register proposed draft cost and performance goals for public comments; and
(D) not later than 180 days after August 8, 2005, and every 4 years thereafter, submit to Congress a report describing the final cost and performance goals for the technologies that includes—
(i) a list of technical milestones; and
(ii) an explanation of how programs authorized in this section will not duplicate the activities authorized under the Clean Coal Power Initiative authorized under subchapter IV.
(c) Powder River Basin and Fort Union lignite coal mercury removal
(1) In general
In addition to the programs authorized by subsection (a), the Secretary shall establish a program to test and develop technologies to control and remove mercury emissions from subbituminous coal mined in the Powder River Basin, and Fort Union lignite coals, that are used for the generation of electricity.
(2) Efficacy of mercury removal technology
In carrying out the program under paragraph (1), the Secretary shall examine the efficacy of mercury removal technologies on coals described in that paragraph that are blended with other types of coal.
(d) Fuel cells
(1) In general
The Secretary shall conduct a program of research, development, demonstration, and commercial application on fuel cells for low-cost, high-efficiency, fuel-flexible, modular power systems.
(2) Demonstrations
The demonstrations referred to in paragraph (1) shall include solid oxide fuel cell technology for commercial, residential, and transportation applications, and distributed generation systems, using improved manufacturing production and processes.
(
References in Text
Subchapter IV, referred to in subsecs. (a) and (b)(2)(D)(ii), was in the original "title IV", meaning title IV of
§16293. Carbon capture and sequestration research, development, and demonstration program
(a) In general
The Secretary shall carry out a 10-year carbon capture and sequestration research, development, and demonstration program to develop carbon dioxide capture and sequestration technologies related to industrial sources of carbon dioxide for use—
(1) in new coal utilization facilities; and
(2) on the fleet of coal-based units in existence on August 8, 2005.
(b) Objectives
The objectives of the program under subsection (a) shall be—
(1) to develop carbon dioxide capture technologies, including adsorption and absorption techniques and chemical processes, to remove the carbon dioxide from gas streams containing carbon dioxide potentially amenable to sequestration;
(2) to develop technologies that would directly produce concentrated streams of carbon dioxide potentially amenable to sequestration;
(3) to increase the efficiency of the overall system to reduce the quantity of carbon dioxide emissions released from the system per megawatt generated;
(4) in accordance with the carbon dioxide capture program, to promote a robust carbon sequestration program and continue the work of the Department, in conjunction with the private sector, through regional carbon sequestration partnerships; and
(5) to expedite and carry out large-scale testing of carbon sequestration systems in a range of geologic formations that will provide information on the cost and feasibility of deployment of sequestration technologies.
(c) Programmatic activities
(1) Fundamental science and engineering research and development and demonstration supporting carbon capture and sequestration technologies and carbon use activities
(A) In general
The Secretary shall carry out fundamental science and engineering research (including laboratory-scale experiments, numeric modeling, and simulations) to develop and document the performance of new approaches to capture and sequester, or use carbon dioxide to lead to an overall reduction of carbon dioxide emissions.
(B) Program integration
The Secretary shall ensure that fundamental research carried out under this paragraph is appropriately applied to energy technology development activities, the field testing of carbon sequestration, and carbon use activities, including—
(i) development of new or advanced technologies for the capture and sequestration of carbon dioxide;
(ii) development of new or advanced technologies that reduce the cost and increase the efficacy of advanced compression of carbon dioxide required for the sequestration of carbon dioxide;
(iii) modeling and simulation of geologic sequestration field demonstrations;
(iv) quantitative assessment of risks relating to specific field sites for testing of sequestration technologies;
(v) research and development of new and advanced technologies for carbon use, including recycling and reuse of carbon dioxide; and
(vi) research and development of new and advanced technologies for the separation of oxygen from air.
(2) Field validation testing activities
(A) In general
The Secretary shall promote, to the maximum extent practicable, regional carbon sequestration partnerships to conduct geologic sequestration tests involving carbon dioxide injection and monitoring, mitigation, and verification operations in a variety of candidate geologic settings, including—
(i) operating oil and gas fields;
(ii) depleted oil and gas fields;
(iii) unmineable coal seams;
(iv) deep saline formations;
(v) deep geologic systems that may be used as engineered reservoirs to extract economical quantities of heat from geothermal resources of low permeability or porosity; and
(vi) deep geologic systems containing basalt formations.
(B) Objectives
The objectives of tests conducted under this paragraph shall be—
(i) to develop and validate geophysical tools, analysis, and modeling to monitor, predict, and verify carbon dioxide containment;
(ii) to validate modeling of geologic formations;
(iii) to refine sequestration capacity estimated for particular geologic formations;
(iv) to determine the fate of carbon dioxide concurrent with and following injection into geologic formations;
(v) to develop and implement best practices for operations relating to, and monitoring of, carbon dioxide injection and sequestration in geologic formations;
(vi) to assess and ensure the safety of operations related to geologic sequestration of carbon dioxide;
(vii) to allow the Secretary to promulgate policies, procedures, requirements, and guidance to ensure that the objectives of this subparagraph are met in large-scale testing and deployment activities for carbon capture and sequestration that are funded by the Department of Energy; and
(viii) to provide information to States, the Environmental Protection Agency, and other appropriate entities to support development of a regulatory framework for commercial-scale sequestration operations that ensure the protection of human health and the environment.
(3) Large-scale carbon dioxide sequestration testing
(A) In general
The Secretary shall conduct not less than 7 initial large-scale sequestration tests, not including the FutureGen project, for geologic containment of carbon dioxide to collect and validate information on the cost and feasibility of commercial deployment of technologies for geologic containment of carbon dioxide. These 7 tests may include any Regional Partnership projects awarded as of December 19, 2007.
(B) Diversity of formations to be studied
In selecting formations for study under this paragraph, the Secretary shall consider a variety of geologic formations across the United States, and require characterization and modeling of candidate formations, as determined by the Secretary.
(C) Source of carbon dioxide for large-scale sequestration tests
In the process of any acquisition of carbon dioxide for sequestration tests under subparagraph (A), the Secretary shall give preference to sources of carbon dioxide from industrial sources. To the extent feasible, the Secretary shall prefer tests that would facilitate the creation of an integrated system of capture, transportation and sequestration of carbon dioxide. The preference provided for under this subparagraph shall not delay the implementation of the large-scale sequestration tests under this paragraph.
(D) Definition
For purposes of this paragraph, the term "large-scale" means the injection of more than 1,000,000 tons of carbon dioxide from industrial sources annually or a scale that demonstrates the ability to inject and sequester several million metric tons of industrial source carbon dioxide for a large number of years.
(4) Preference in project selection from meritorious proposals
In making competitive awards under this subsection, subject to the requirements of
(A) give preference to proposals from partnerships among industrial, academic, and government entities; and
(B) 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 subsection 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
(5) Cost sharing
Activities under this subsection shall be considered research and development activities that are subject to the cost sharing requirements of
(6) Program review and report
During fiscal year 2011, the Secretary shall—
(A) conduct a review of programmatic activities carried out under this subsection; and
(B) make recommendations with respect to continuation of the activities.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $240,000,000 for fiscal year 2008;
(2) $240,000,000 for fiscal year 2009;
(3) $240,000,000 for fiscal year 2010;
(4) $240,000,000 for fiscal year 2011; and
(5) $240,000,000 for fiscal year 2012.
(
Amendments
2007—
Subsec. (a).
Subsec. (b)(5).
Subsecs. (c), (d).
"(1) $25,000,000 for fiscal year 2006;
"(2) $30,000,000 for fiscal year 2007; and
"(3) $35,000,000 for fiscal year 2008."
Effective Date of 2007 Amendment
Amendment by
§16294. Research and development for coal mining technologies
(a) Establishment
The Secretary shall carry out a program for research and development on coal mining technologies.
(b) Cooperation
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.
(c) Program
The research and development activities carried out under this section shall—
(1) be guided by the mining research and development priorities identified by the Mining Industry of the Future Program and in the recommendations from relevant reports of the National Academy of Sciences on mining technologies;
(2) include activities exploring minimization of contaminants in mined coal that contribute to environmental concerns including development and demonstration of electromagnetic wave imaging ahead of mining operations;
(3) develop and demonstrate coal bed electromagnetic wave imaging, spectroscopic reservoir analysis technology, and techniques for horizontal drilling in order to—
(A) identify areas of high coal gas content;
(B) increase methane recovery efficiency;
(C) prevent spoilage of domestic coal reserves; and
(D) minimize water disposal associated with methane extraction; and
(4) expand mining research capabilities at institutions of higher education.
(
§16295. Oil and gas research programs
(a) In general
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.
(b) Objectives
The objectives of this program shall include advancing the science and technology available to domestic petroleum producers, particularly independent operators, to minimize the economic dislocation caused by the decline of domestic supplies of oil and natural gas resources.
(c) Natural gas and oil deposits report
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.
(d) Integrated clean power and energy research
(1) Establishment of center
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.
(2) Focus areas
The center or consortium shall conduct a program of research, development, demonstration, and commercial application on integrating the following 6 focus areas:
(A) Efficiency and reliability of gas turbines for power generation.
(B) Reduction in emissions from power generation.
(C) Promotion of energy conservation issues.
(D) Effectively using alternative fuels and renewable energy.
(E) Development of advanced materials technology for oil and gas exploration and use in harsh environments.
(F) Education on energy and power generation issues.
(
§16296. Low-volume oil and gas reservoir research program
(a) Definition of GIS
In this section, the term "GIS" means geographic information systems technology that facilitates the organization and management of data with a geographic component.
(b) Program
The Secretary shall establish a program of research, development, demonstration, and commercial application to maximize the productive capacity of marginal wells and reservoirs.
(c) Data collection
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.
(d) Analysis
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.
(e) Study
(1) In general
The Secretary may award a grant to an organization of States that contain significant numbers of marginal oil and natural gas wells to conduct an annual study of low-volume natural gas reservoirs.
(2) Organization with no GIS capabilities
If an organization receiving a grant under paragraph (1) does not have GIS capabilities, the organization shall contract with an institution of higher education with GIS capabilities.
(3) State geologists
The organization receiving a grant under paragraph (1) shall collaborate with the State geologist of each State being studied.
(f) Public information
The Secretary may use the data collected and analyzed under this section to produce maps and literature to disseminate to States to promote conservation of natural gas reserves.
(
§16297. Complex Well Technology Testing Facility
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.
(
Part G—Science
§16311. Science
(a) In general
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.
(b) Authorization of appropriations
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.
(c) Allocations
From amounts authorized under subsection (b), the following sums are authorized:
(1) For activities under the Fusion Energy Sciences program (including activities under
(A) $355,500,000 for fiscal year 2007;
(B) $369,500,000 for fiscal year 2008;
(C) $384,800,000 for fiscal year 2009; and
(D) in addition to the amounts authorized under subparagraphs (A), (B), and (C), such sums as may be necessary for ITER construction, consistent with the limitations of
(2) For activities under the catalysis research program under
(A) $36,500,000 for fiscal year 2007;
(B) $38,200,000 for fiscal year 2008; and
(C) such sums as may be necessary for fiscal year 2009.
(3) For activities under the Systems Biology Program under
(4) For activities under the Energy and Water Supplies program under
(5) For the energy research fellowships programs under
(6) For the advanced scientific computing activities under section 976— 1
(A) $270,000,000 for fiscal year 2007;
(B) $350,000,000 for fiscal year 2008; and
(C) $375,000,000 for fiscal year 2009.
(7) For the science and engineering education pilot program under
(A) $4,000,000 for each of fiscal years 2007 and 2008; and
(B) $8,000,000 for fiscal year 2009.
(d) Integrated bioenergy research and development
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.
(
References in Text
This part, referred to in subsecs. (a) and (b), was in the original "this subtitle", meaning subtitle G (§§971–984A) of title IX of
Section 976, referred to in subsecs. (b) and (c)(6), is section 976 of
Amendments
2011—Subsec. (b)(5) to (7).
2007—Subsec. (b)(4).
1 See References in Text note below.
§16312. Fusion energy sciences program
(a) Declaration of policy
It shall be the policy of the United States to conduct research, development, demonstration, and commercial applications to provide for the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other countries in providing fusion energy for its own needs and the needs of other countries, including by demonstrating electric power or hydrogen production for the United States energy grid using fusion energy at the earliest date.
(b) Planning
(1) In general
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.
(2) Costs and schedules
The plan shall also address the status of and, to the extent practicable, costs and schedules for—
(A) the design and implementation of international or national facilities for the testing of fusion materials; and
(B) the design and implementation of international or national facilities for the testing and development of key fusion technologies.
(c) United States participation in ITER
(1) Definitions
In this subsection:
(A) Construction
(i) In general
The term "construction" means—
(I) the physical construction of the ITER facility; and
(II) the physical construction, purchase, or manufacture of equipment or components that are specifically designed for the ITER facility.
(ii) Exclusions
The term "construction" does not include the design of the facility, equipment, or components.
(B) ITER
The term "ITER" means the international burning plasma fusion research project in which the President announced United States participation on January 30, 2003, or any similar international project.
(2) Participation
The United States may participate in the ITER only in accordance with this subsection.
(3) Agreement
(A) In general
The Secretary may negotiate an agreement for United States participation in the ITER.
(B) Contents
Any agreement for United States participation in the ITER shall, at a minimum—
(i) clearly define the United States financial contribution to construction and operating costs, as well as any other costs associated with a project;
(ii) ensure that the share of high-technology components of the ITER manufactured in the United States is at least proportionate to the United States financial contribution to the ITER;
(iii) ensure that the United States will not be financially responsible for cost overruns in components manufactured in other ITER participating countries;
(iv) guarantee the United States full access to all data generated by the ITER;
(v) enable United States researchers to propose and carry out an equitable share of the experiments at the ITER;
(vi) provide the United States with a role in all collective decisionmaking related to the ITER; and
(vii) describe the process for discontinuing or decommissioning the ITER and any United States role in that process.
(4) Plan
(A) Development
The Secretary, in consultation with the Fusion Energy Sciences Advisory Committee, shall develop a plan for the participation of United States scientists in the ITER that shall include—
(i) the United States research agenda for the ITER;
(ii) methods to evaluate whether the ITER is promoting progress toward making fusion a reliable and affordable source of power; and
(iii) a description of how work at the ITER will relate to other elements of the United States fusion program.
(B) Review
The Secretary shall request a review of the plan by the National Academy of Sciences.
(5) Limitation
No Federal funds shall be expended for the construction of the ITER until the Secretary has submitted to Congress—
(A) the agreement negotiated in accordance with paragraph (3) and 120 days have elapsed since that submission;
(B) a report describing the management structure of the ITER and providing a fixed dollar estimate of the cost of United States participation in the construction of the ITER, and 120 days have elapsed since that submission;
(C) a report describing how United States participation in the ITER will be funded without reducing funding for other programs in the Office of Science (including other fusion programs), and 60 days have elapsed since that submission; and
(D) the plan required by paragraph (4) (but not the National Academy of Sciences review of that plan), and 60 days have elapsed since that submission.
(6) Alternative to ITER
(A) In general
If at any time during the negotiations on the ITER, the Secretary determines that construction and operation of the ITER is unlikely or infeasible, the Secretary shall submit to Congress, along with the budget request of the President submitted to Congress for the following fiscal year, a plan for implementing a domestic burning plasma experiment such as the Fusion Ignition Research Experiment, including costs and schedules for the plan.
(B) Administration
The Secretary shall—
(i) refine the plan in full consultation with the Fusion Energy Sciences Advisory Committee; and
(ii) transmit the plan to the National Academy of Sciences for review.
(
§16313. Solar Fuels Research Initiative
(a) Initiative
(1) In general
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.
(2) Leveraging
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.
(3) Teams
(A) In general
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.
(B) Goals
The multidisciplinary teams described in subparagraph (A) shall pursue aggressive, milestone-driven, basic research goals.
(C) Resources
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.
(4) Additional activities
The Secretary may organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures.
(b) Artificial photosynthesis
(1) In general
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.
(2) Activities
As part of the program described in paragraph (1)—
(A) the Director of the Office of Basic Energy Sciences shall support basic research to pursue distinct lines of scientific inquiry, including—
(i) photoinduced production of hydrogen and oxygen from water; and
(ii) the sustainable photoinduced reduction of carbon dioxide to fuel products including hydrocarbons, alcohols, carbon monoxide, and natural gas; and
(B) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
(3) Standard of review
The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
(4) Prohibition
No funds allocated to the program described in paragraph (1) may be obligated or expended for commercial application of energy technology.
(c) Biochemistry, replication of natural photosynthesis, and related processes
(1) In general
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.
(2) Activities
As part of the program described in paragraph (1)—
(A) the Director of the Office of Basic Energy Sciences shall support basic research to expand fundamental knowledge to replicate natural synthesis processes, including—
(i) the photoinduced reduction of dinitrogen to ammonia;
(ii) the absorption of carbon dioxide from ambient air;
(iii) molecular-based charge separation and storage;
(iv) photoinitiated electron transfer; and
(v) catalysis in biological or biomimetic systems;
(B) the Associate Director of Biological and Environmental Research shall support systems biology and genomics approaches to understand genetic and physiological pathways connected to photosynthetic mechanisms; and
(C) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
(3) Standard of review
The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
(4) Prohibition
No funds allocated to the program described in paragraph (1) may be obligated or expended for commercial application of energy technology.
(
Amendments
2018—
§16314. Hydrogen
(a) In general
The Secretary shall conduct a program of fundamental research and development in support of programs authorized under subchapter VIII.
(b) Methods
The program shall include support for methods of generating hydrogen without the use of natural gas.
(
§16315. Electricity Storage Research Initiative
(a) Initiative
(1) In general
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; and
(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.
(2) Leveraging
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; and
(B) the Office of Energy Efficiency and Renewable Energy.
(3) Teams
(A) In general
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.
(B) Goals
The multidisciplinary teams described in subparagraph (A) shall pursue aggressive, milestone-driven, basic research goals.
(C) Resources
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.
(4) Additional activities
The Secretary may organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures.
(b) Multivalent systems
(1) In general
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.
(2) Activities
As part of the program described in paragraph (1)—
(A) the Director of the Office of Basic Energy Sciences shall investigate electrochemical properties and the dynamics of materials, including charge transfer phenomena and mass transport in materials; and
(B) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
(3) Standard of review
The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
(4) Prohibition
No funds allocated to the program described in paragraph (1) may be obligated or expended for commercial application of energy technology.
(c) Electrochemistry modeling and simulation
(1) In general
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.
(2) Activities
As part of the program described in paragraph (1)—
(A) the Director of the Office of Basic Energy Sciences, in coordination with the Associate Director of Advanced Scientific Computing Research, shall support the development of high performance computational tools through a joint development process to maximize the effectiveness of current and projected high performance computing systems; and
(B) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
(3) Standard of review
The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
(4) Prohibition
No funds allocated to the program described in paragraph (1) may be obligated or expended for commercial application of energy technology.
(d) Mesoscale electrochemistry
(1) In general
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).
(2) Activities
As part of the program described in paragraph (1)—
(A) the Director of the Office of Basic Energy Sciences and the Associate Director of Biological and Environmental Research shall investigate phenomena of mesoscale electrochemical confinement for the purpose of replicating and controlling new electrochemical behavior; and
(B) the Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under the program.
(3) Standard of review
The Secretary shall review activities carried out under the program described in paragraph (1) to determine the achievement of technical milestones.
(4) Prohibition
No funds allocated to the program described in paragraph (1) may be obligated or expended for commercial application of energy technology.
(
Amendments
2018—
§16316. Advanced scientific computing research and development program
(1) In general
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 (
(2) Goal
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.
(
References in Text
The American Super Computing Leadership Act of 2017, referred to in par. (1), is
Amendments
2018—Par. (1).
§16317. Systems biology program
(a) Program
(1) Establishment
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.
(2) Grants
The program shall support individual researchers and multidisciplinary teams of researchers through competitive, merit-reviewed grants.
(3) Consultation
In carrying out the program, the Secretary shall consult with other Federal agencies that conduct genetic and protein research.
(b) Goals
The program shall have the goal of developing technologies and methods based on the biological functions of genomes, microbes, and plants that—
(1) can facilitate the production of fuels, including hydrogen in sustainable production systems that reduce greenhouse gas emissions;
(2) convert carbon dioxide to organic carbon;
(3) detoxify soils and water, including at facilities of the Department, contaminated with heavy metals and radiological materials;
(4) develop cellulosic and other feedstocks that are less resource and land intensive and that promote sustainable use of resources, including soil, water, energy, forests, and land, and ensure protection of air, water, and soil quality; and
(5) address other Department missions as identified by the Secretary.
(c) Plan
(1) Development of plan
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).
(2) Review of plan
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.
(d) User facilities and ancillary equipment
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.
(e) Prohibition on biomedical and human cell and human subject research
(1) No biomedical research
In carrying out the program under this section, the Secretary shall not conduct biomedical research.
(2) Limitations
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.
(f) Bioenergy research centers
(1) Establishment of centers
In carrying out the program under subsection (a), the Secretary shall establish at least 7 bioenergy research centers, which may be of varying size.
(2) Geographic distribution
The Secretary shall establish at least 1 bioenergy research center in each Petroleum Administration for Defense District or Subdistrict of a Petroleum Administration for Defense District.
(3) Goals
The goals of the centers established under this subsection shall be to accelerate basic transformational research and development of biofuels, including biological processes.
(4) Selection and duration
(A) In general
A center under this subsection shall be selected on a competitive basis for a period of 5 years.
(B) Reapplication
After the end of the period described in subparagraph (A), a grantee may reapply for selection on a competitive basis.
(5) Inclusion
A center that is in existence on December 19, 2007—
(A) shall be counted towards the requirement for establishment of at least 7 bioenergy research centers; and
(B) may continue to receive support for a period of 5 years beginning on the date of establishment of the center.
(
References in Text
This part, referred to in subsec. (d), was in the original "this subtitle", meaning subtitle G (§§971–984A) of title IX of
Amendments
2007—Subsec. (a)(1).
Subsec. (b)(1).
Subsec. (b)(4), (5).
Subsec. (f).
Effective Date of 2007 Amendment
Amendment by
§16318. Fission and fusion energy materials research program
(a) In general
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.
(b) Administration
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.
(
§16319. Energy and water supplies
(a) In general
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.
(b) Program elements
The program under this section shall include—
(1) arsenic treatment;
(2) desalination; and
(3) planning, analysis, and modeling of energy and water supply and demand.
(c) Collaboration
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.
(d) Facilities
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.
(e) Advisory committee
The Secretary shall establish or utilize an advisory committee to provide independent advice and review of the program.
(f) Reports
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.
(
§16320. Spallation Neutron Source
(a) Definitions
In this section:
(1) SING
The term "SING" means the Spallation Neutron Source Instruments Next Generation major item of equipment.
(2) SNS power upgrade
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.
(3) SNS second target station
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.
(4) Spallation Neutron Source Facility
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.
(5) Spallation Neutron Source Project
The terms "Spallation Neutron Source Project" and "Project" means Department Project 99–E–334, Oak Ridge National Laboratory, Oak Ridge, Tennessee.
(b) Spallation Neutron Source Project
(1) In general
The Secretary shall submit to Congress, as part of the annual budget request of the President submitted to Congress, a report on progress on the Spallation Neutron Source Project.
(2) Contents
The report shall include for the Project—
(A) a description of the achievement of milestones;
(B) a comparison of actual costs to estimated costs; and
(C) any changes in estimated Project costs or schedule.
(c) Spallation Neutron Source Facility plan
(1) In general
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.
(2) Plan
The operational plan shall—
(A) include a plan for the operation of an effective scientific user program that—
(i) is based on peer review of proposals submitted for use of the Facility;
(ii) includes scientific and technical support to ensure that external users, including researchers based at institutions of higher education, are able to make full use of a variety of high quality scientific instruments; and
(iii) phases in systems upgrades to ensure that the Facility remains at the forefront of international scientific endeavors in the field of the Facility throughout the operating life of the Facility;
(B) include an ongoing program to develop new instruments that builds on the high performance neutron source and that allows neutron scattering techniques to be applied to a growing range of scientific problems and disciplines; and
(C) address the status of and, to the maximum extent practicable, costs and schedules for—
(i) full user mode operations of the Facility;
(ii) instrumentation built at the Facility during the operating phase through full use of the experimental hall, including the SING;
(iii) the SNS power upgrade; and
(iv) the SNS second target station.
(d) Authorization of appropriations
(1) Spallation Neutron Source Project
There is authorized to be appropriated to carry out the Spallation Neutron Source Project for the lifetime of the Project $1,411,700,000 for total project costs, of which—
(A) $1,192,700,000 shall be used for the costs of construction; and
(B) $219,000,000 shall be used for other Project costs.
(2) Spallation Neutron Source Facility
(A) In general
Except as provided in subparagraph (B), there is authorized to be appropriated for the Spallation Neutron Source Facility for—
(i) the SING, $75,000,000 for each of fiscal year 2007 through 2009; and
(ii) the SNS power upgrade, $160,000,000, to remain available until expended.
(B) Insufficient stockpiles of heavy water
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.
(
§16321. Facility for Rare Isotope Beams
(a) Establishment
The Secretary shall construct and operate a Facility for Rare Isotope Beams. The Secretary shall commence construction no later than September 30, 2008.
(b) Authorization of appropriations
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.
(
Amendments
2018—
§16322. Office of Scientific and Technical Information
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.
(
§16323. Science and engineering education pilot program
(a) Establishment of pilot program
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.
(b) Program elements
The regional pilot program shall include—
(1) expanding strategic, formal partnerships among universities with strength in research, universities that train substantial numbers of elementary and secondary school teachers, and the private sector;
(2) combining Department expertise with one or more National Aeronautics and Space Administration Educator Resource Centers;
(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;
(4) designing and implementing course work;
(5) designing and implementing a strategy for measuring and assessing progress under the program; and
(6) developing models for transferring knowledge gained under the pilot program to other institutions and areas of the United States.
(c) Categorization
A grant under this section shall be considered an authorized activity under
(
Amendments
2014—Subsec. (d).
§16324. Energy research fellowships
(a) Postdoctoral fellowship program
The Secretary shall establish a program under which the Secretary provides fellowships to encourage outstanding young scientists and engineers to pursue postdoctoral research appointments in energy research and development at institutions of higher education of their choice.
(b) Senior research fellowships
(1) In general
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.
(2) Consideration
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.
(
§16325. Science and Technology Scholarship Program
(a) In general
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.
(b) Service requirement
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.
(
Part H—International Cooperation
§16341. Western Hemisphere energy cooperation
(a) Program
The Secretary shall carry out a program to promote cooperation on energy issues with countries of the Western Hemisphere.
(b) Activities
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.
(c) Participation by institutions of higher education
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.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $10,000,000 for fiscal year 2007;
(2) $13,000,000 for fiscal year 2008; and
(3) $16,000,000 for fiscal year 2009.
(
§16342. International energy training
(a) In general
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.
(b) Components
The training and outreach efforts referred to in subsection (a) may include—
(1) production-related fiscal regimes;
(2) grid and network issues;
(3) energy user and demand side response;
(4) international trade of energy; and
(5) international transportation of energy.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $1,500,000 for each of fiscal years 2007 through 2010.
(
Part I—Research Administration and Operations
§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.
(
References in Text
This Act, referred to in text, is
§16352. Cost sharing
(a) Applicability
Notwithstanding any other provision of law, in carrying out a research, development, demonstration, or commercial application program or activity that is initiated after August 8, 2005, the Secretary shall require cost-sharing in accordance with this section.
(b) Research and development
(1) In general
Except as provided in paragraphs (2), (3), and (4) and subsection (f), the Secretary shall require not less than 20 percent of the cost of a research or development activity described in subsection (a) to be provided by a non-Federal source.
(2) Exclusion
Paragraph (1) shall not apply to a research or development activity described in subsection (a) that is of a basic or fundamental nature, as determined by the appropriate officer of the Department.
(3) Reduction
The Secretary may reduce or eliminate the requirement of paragraph (1) for a research and development activity of an applied nature if the Secretary determines that the reduction is necessary and appropriate.
(4) Exemption for institutions of higher education and other nonprofit institutions
(A) In general
Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (
(B) Termination date
The exemption under subparagraph (A) shall apply during the 2-year period beginning on September 28, 2018.
(c) Demonstration and commercial application
(1) In general
Except as provided in paragraph (2) and subsection (f), the Secretary shall require that not less than 50 percent of the cost of a demonstration or commercial application activity described in subsection (a) to 1 be provided by a non-Federal source.
(2) Reduction of non-Federal share
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.
(d) Calculation of amount
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.
(e) Repayment of Federal share
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.
(f) Exclusions
This section shall not apply to—
(1) a cooperative research and development agreement under the Stevenson-Wydler Technology Innovation Act of 1980 (
(2) a fee charged for the use of a Department facility; or
(3) an award under—
(A) the small business innovation research program under
(B) the small business technology transfer program under that section.
(
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (f)(1), is
Amendments
2018—Subsec. (b)(1).
Subsec. (b)(4).
1 So in original. The word "to" probably should not appear.
§16353. Merit review of proposals
(a) Awards
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.
(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
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.
(
References in Text
This Act, referred to in subsecs. (a) and (b), is
§16354. External technical review of departmental programs
(a) National energy research and development advisory boards
(1) Establishment
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.
(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
The Secretary shall continue to use the scientific program advisory committees chartered under the Federal Advisory Committee Act (5 U.S.C. App.) by the Office of Science to oversee research and development programs under that Office.
(c) Membership
Each advisory board under this section shall consist of persons with appropriate expertise representing a diverse range of interests.
(d) Meetings and goals
(1) Meetings
Each advisory board under this section shall meet at least semiannually to review and advise on the progress made by the respective one or more research, development, demonstration, and commercial application programs.
(2) Goals
The advisory board shall review the measurable cost and performance-based goals for the programs as established under
(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
(C) the progress on meeting the goals.
(2) Timing
The reviews and assessments shall be conducted every 5 years or more often as the Secretary considers necessary.
(3) Reports
The Secretary shall submit to Congress reports describing the results of all the reviews and assessments.
(
References in Text
The Federal Advisory Committee Act, referred to in subsec. (b), is
This Act, referred to in subsec. (e)(1)(A), is
§16355. National Laboratory designation
After August 8, 2005, the Secretary shall not designate a facility that is not listed in
(
§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.
(
§16357. Strategy for facilities and infrastructure
(a) Facility and infrastructure policy
(1) In general
The Secretary shall develop and implement a strategy for facilities and infrastructure supported primarily from the Office of Science, the Office of Energy Efficiency and Renewable Energy, the Office of Fossil Energy, or the Office of Nuclear Energy, Science and Technology Programs at all National Laboratories and single-purpose research facilities.
(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
The Secretary shall prepare and submit, along with the budget request of the President submitted to Congress for fiscal year 2018, a report describing the strategy developed under subsection (a).
(2) Contents
For each National Laboratory and single-purpose research facility that is primarily used for science and energy research, the 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.
(
Amendments
2018—
Subsec. (b)(1).
§16358. Strategic research portfolio analysis and coordination plan
(a) In general
The Secretary shall periodically review all of the science and technology activities of the 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
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.
(2) Plan contents
The 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
(c) Submission to Congress
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).
(
Prior Provisions
A prior section 16358,
§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
(
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title IX of
§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 (
(
References in Text
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360,
§16361. Arctic Engineering Research Center
(a) In general
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").
(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
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.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2011.
(
§16362. Barrow Geophysical Research Facility
(a) Establishment
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.
(b) Authorization of appropriations
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.
(
Part J—Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Resources
§§16371 to 16378. Repealed. Pub. L. 113–67, div. A, title III, §301(a), Dec. 26, 2013, 127 Stat. 1181
Section 16371,
Section 16372,
Section 16373,
Section 16374,
Section 16375,
Section 16376,
Section 16377,
Section 16378,
Ex. Ord. No. 13605. Supporting Safe and Responsible Development of Unconventional Domestic Natural Gas Resources
Ex. Ord. No. 13605, Apr. 13, 2012, 77 F.R. 23107, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to coordinate the efforts of Federal agencies responsible for overseeing the safe and responsible development of unconventional domestic natural gas resources and associated infrastructure and to help reduce our dependence on oil, it is hereby ordered as follows:
For these reasons, it is vital that we take full advantage of our natural gas resources, while giving American families and communities confidence that natural and cultural resources, air and water quality, and public health and safety will not be compromised.
While natural gas production is carried out by private firms, and States are the primary regulators of onshore oil and gas activities, the Federal Government has an important role to play by regulating oil and gas activities on public and Indian trust lands, encouraging greater use of natural gas in transportation, supporting research and development aimed at improving the safety of natural gas development and transportation activities, and setting sensible, cost-effective public health and environmental standards to implement Federal law and augment State safeguards.
Because efforts to promote safe, responsible, and efficient development of unconventional domestic natural gas resources are underway at a number of executive departments and agencies (agencies), close interagency coordination is important for effective implementation of these programs and activities. To formalize and promote ongoing interagency coordination, this order establishes a high-level, interagency working group that will facilitate coordinated Administration policy efforts to support safe and responsible unconventional domestic natural gas development.
(a) Membership. In addition to the Chair, the Working Group shall include deputy-level representatives or equivalent officials, designated by the head of the respective agency or office, from:
(i) the Department of Defense;
(ii) the Department of the Interior;
(iii) the Department of Agriculture;
(iv) the Department of Commerce;
(v) the Department of Health and Human Services;
(vi) the Department of Transportation;
(vii) the Department of Energy;
(viii) the Department of Homeland Security;
(ix) the Environmental Protection Agency;
(x) the Council on Environmental Quality;
(xi) the Office of Science and Technology Policy;
(xii) the Office of Management and Budget;
(xiii) the National Economic Council; and
(xiv) such other agencies or offices as the Chair may invite to participate.
(b) Functions. Consistent with the authorities and responsibilities of participating agencies and offices, the Working Group shall support the safe and responsible production of domestic unconventional natural gas by performing the following functions:
(i) coordinate agency policy activities, ensuring their efficient and effective operation and facilitating cooperation among agencies, as appropriate;
(ii) coordinate among agencies the sharing of scientific, environmental, and related technical and economic information;
(iii) engage in long-term planning and ensure coordination among the appropriate Federal entities with respect to such issues as research, natural resource assessment, and the development of infrastructure;
(iv) promote interagency communication with stakeholders; and
(v) consult with other agencies and offices as appropriate.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.