HR 1069 — Clean Energy Demonstration Transparency Act of 2023

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 INFRASTRUCTURE INVESTMENT AND JOBS ACT

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DIVISION D--ENERGY

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 TITLE XII--MISCELLANEOUS

SEC. 41201. OFFICE OF CLEAN ENERGY DEMONSTRATIONS.

 (a) Definitions.--In this section:
 (1) Covered project.--The term ``covered project'' 
 means a demonstration project of the Department that--
 (A) receives or is eligible to receive 
 funding from the Secretary; and
 (B) is authorized under--
 (i) this division; or
 (ii) the Energy Act of 2020 (Public 
 Law 116-260; 134 Stat. 1182).
 (2) Program.--The term ``program'' means the program 
 established under subsection (b).
 (b) Establishment.--The Secretary, in coordination with the 
heads of relevant program offices of the Department, including 
the Office of Technology Transitions, the Loan Program Office, 
and all applied program offices, shall establish a program to 
conduct project management and oversight of covered projects, 
including by--
 (1) conducting evaluations of proposals for covered 
 projects before the selection of a covered project for 
 funding;
 (2) conducting independent oversight of the execution 
 of a covered project after funding has been awarded for 
 that covered project; and
 (3) ensuring a balanced portfolio of investments in 
 covered projects.
 (c) Duties.--The Secretary shall appoint a head of the 
program who shall, in coordination with the heads of relevant 
program offices of the Department--
 (1) evaluate proposals for covered projects, 
 including scope, technical specifications, maturity of 
 design, funding profile, estimated costs, proposed 
 schedule, proposed technical and financial milestones, 
 and potential for commercial success based on economic 
 and policy projections;
 (2) develop independent cost estimates for a proposal 
 for a covered project, if appropriate;
 (3) recommend to the head of a program office of the 
 Department, as appropriate, whether to fund a proposal 
 for a covered project;
 (4) oversee the execution of covered projects that 
 receive funding from the Secretary, including 
 reconciling estimated costs as compared to actual 
 costs;
 (5) conduct reviews of ongoing covered projects, 
 including--
 (A) evaluating the progress of a covered 
 project based on the proposed schedule and 
 technical and financial milestones; and
 (B) providing the evaluations under 
 subparagraph (A) to the Secretary; and
 (6) assess the lessons learned in overseeing covered 
 projects and implement improvements in the process of 
 evaluating and overseeing covered projects.
 (d) Employees.--To carry out the program, the Secretary may 
hire appropriate personnel, including by using the authorities 
in section 10726 of the Research and Development, Competition, 
and Innovation Act, to perform the duties of the program.
 (e) Additional Authority.--The Secretary may solicit, select, 
and manage covered projects directly through the program.
 (f) Project Termination.--Should an ongoing covered project 
receive an unfavorable review under subsection (c)(5), the 
Secretary or their designee may cease funding the covered 
project and reallocate the remaining funds to new or existing 
covered projects carried out by that program office.
 (g) Coordination.--In carrying out the program, the head of 
the program shall coordinate with--
 (1) project management and acquisition management 
 entities with the Department, including the Office of 
 Project Management; and
 (2) professional organizations in project management, 
 construction, cost estimation, and other relevant 
 fields.
 (h) Reports.--
 (1) Report by secretary.--In accordance with section 
 9007 of division Z of the Consolidated Appropriations 
 Act, 2021 (Public Law 116-260), the Secretary shall 
 include in each updated technology transfer execution 
 plan submitted under subsection (h)(2) of section 1001 
 of the Energy Policy Act of 2005 (42 U.S.C. 16391) 
 information on the implementation of and progress made 
 under the program, including, for the year covered by 
 the report--
 (A) the covered projects under the purview of 
 the program; and
 (B) the review of each covered project 
 carried out under subsection (c)(5).
 (2) Report by comptroller general.--Not later than 3 
 years after the date of enactment of this Act, the 
 Comptroller General of the United States shall submit 
 to the Committee on Energy and Natural Resources of the 
 Senate and the Committee on Science, Space, and 
 Technology of the House of Representatives a report 
 evaluating the operation of the program, including--
 (A) a description of the processes and 
 procedures used by the program to evaluate 
 proposals of covered projects and the oversight 
 of covered projects; and
 (B) any recommended changes in the program, 
 including changes to--
 (i) the processes and procedures 
 described in subparagraph (A); and
 (ii) the structure of the program, 
 for the purpose of better carrying out 
 the program.
 (3) Further reports.--
 (A) In general.--Not later than six months 
 after the date of the enactment of this 
 paragraph and at least semiannually thereafter, 
 the Secretary shall submit to the Committee on 
 Science, Space, and Technology and the 
 Committee on Appropriations of the House of 
 Representatives and the Committee on Energy and 
 Natural Resources and the Committee on 
 Appropriations of the Senate a report, and make 
 publicly available in digital online format, 
 that contains, for the period covered by each 
 such report, for each covered project or other 
 demonstration project administered or supported 
 by the program, the following:
 (i) A copy of any initial contracts 
 or financial assistance agreements 
 executed between the Department and an 
 award recipient, including any related 
 documentation, as the Secretary 
 determines appropriate.
 (ii) A list of any material, 
 technical, or financial milestones that 
 have or have not been met.
 (iii) Any material modifications to 
 the scope, schedule, funding profile 
 (including cost-share requirements), 
 project partners or participating 
 entities, or budget of the project.
 (B) Streamlining.--To the extent practicable, 
 the Secretary may synchronize the reports 
 required under subparagraph (A) with other 
 required reports, such as those required 
 under--
 (i) paragraph (1); and
 (ii) section 9005(e) of the Energy 
 Act of 2020 (42 U.S.C. 7256c(e); 
 enacted as division Z of the 
 Consolidated Appropriations Act, 2021).
 (i) Technical Amendment.--Section 1001 of the Energy Policy 
Act of 2005 (42 U.S.C. 16391) is amended by redesignating the 
second subsections (f) (relating to planning and reporting) and 
(g) (relating to additional technology transfer programs) as 
subsections (h) and (i), respectively.

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