[House Report 118-212]
[From the U.S. Government Publishing Office]


118th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       118-212

======================================================================



 
                CLEAN ENERGY DEMONSTRATION TRANSPARENCY 
                              ACT OF 2023

                                _______
                                

 September 21, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Lucas, from the Committee on Science, Space, and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1069]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 1069) to amend the Infrastructure 
Investment and Jobs Act to require reporting regarding clean 
energy demonstration projects, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Legislative History..............................................     3
Section-by-Section...............................................     3
Related Committee Hearings.......................................     3
Committee Consideration..........................................     4
Roll Call Votes..................................................     4
Application of Law to the Legislative Branch.....................     6
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Federal Advisory Committee Act...................................     6
Unfunded Mandate Statement.......................................     6
Earmark Identification...........................................     6
Committee Cost Estimate..........................................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Congressional Budget Office Cost Estimate........................     7
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

   This Act may be cited as the ``Clean Energy Demonstration 
Transparency Act of 2023''.

SEC. 2. PROJECT MANAGEMENT AND OVERSIGHT REPORTING REQUIREMENTS.

   Subsection (h) of section 41201 of the Infrastructure Investment and 
Jobs Act (42 U.S.C. 18861) is amended by adding at the end following 
new paragraph:
          ``(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).''.

                          Purpose and Summary

    This bill amends the Infrastructure Investment and Jobs Act 
to require the Secretary of Energy to submit additional reports 
to Congress on the Department of Energy (DOE)'s clean energy 
demonstration activities.

                  Background and Need for Legislation

    Energy demonstration projects, like those carried out by 
the U.S. Department of Energy (DOE), are a critical bridge 
between lab discoveries and deployment of new technologies. 
However, the scale and complexity of these projects can make 
administering them a challenge.
    In 2021, the Infrastructure Investments and Jobs Act (IIJA) 
established the DOE Office of Clean Energy Demonstrations 
(OCED) and tasked it with the management of the clean energy 
demonstration projects funded by DOE. Together with the 
Inflation Reduction Act, the IIJA appropriated more than $27 
billion dollars for this office in the coming fiscal years.
    Given the creation and unprecedented expansion of this new 
office and past reports of DOE's mismanagement of demonstration 
projects, additional transparency is needed to ensure DOE is 
implementing these projects in an efficient and timely manner 
that reduces the potential for waste, fraud, and abuse. By 
requiring DOE to provide Congress with semiannual reports on 
the status of all their demonstration activities, this 
legislation takes simple but important steps to improve 
Congressional oversight of OCED.

                          Legislative History

    On February 17, 2023, Representative Mike Carey (R-OH) 
introduced H.R. 1069, with with Representatives Frank Lucas (R-
OK), Zoe Lofgren (D-CA) and Brandon Williams (R-NY) as the 
original cosponsors. Additional cosponsors include 
Representatives Sharice Davids (D-KS) and Byron Donalds (R-FL).
    On July 27, 2023, the Committee on Science, Space, and 
Technology met to consider H.R. 1069. Representative Lee (PA) 
offered an amendment to require that these DOE reports 
submitted to Congress also be made publicly available. The 
amendment was agreed to via voice vote.
    Chairman Lucas moved that Committee favorably report the 
bill, H.R. 1069, as amended, to the House of Representatives 
with the recommendation that the bill be approved. The motion 
was agreed to by a vote of 35-0.

                           Section-by-Section


Section 1. Short title

    This section establishes that this legislation may be 
referred to as the ``Clean Energy Demonstration Transparency 
Act of 2023''.

Section 2. Project management and oversight reporting requirements

    This section amends subsection (h) of section 41201 of the 
Infrastructure Investment and Jobs Act by directing the 
Secretary of Energy to submit to Congress semiannual reports 
that contain for each covered project or other demonstration 
project administered or supported by the Office of Clean Energy 
Demonstrations, a copy of any initial contracts or financial 
assistance agreements executed between the Department and an 
award recipient, a list of any material, technical, or 
financial milestones that have or have not been met, and any 
material modifications to the scope, schedule funding profile, 
project partners, or participating entities, or the budget of 
the project. This section also authorizes the Secretary to 
synchronize the reports required in this bill with other 
required reports such as those in subsection (h) paragraph 1 
and 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).

                       Related Committee Hearings

    On May 10, 2023, Energy Subcommittee Chairman Brandon 
Williams presiding, the Energy and Investigation and Oversight 
Subcommittees of the House Committee on Science, Space, and 
held a joint hearing titled, ``Return on Unprecedented 
Investment: An Analysis of the Department of Energy's 
Implementation of the IIJA, the IRA, and the CHIPS and Science 
Act'' to examine the status of DOE's implementation of recently 
passed research and development legislation including the 
Infrastructure Investment and Jobs Act.
    Witnesses:
           Dr. Geraldine Richmond, Under Secretary for 
        Science and Innovation, U.S. Department of Energy
           Dr. Kathleen Hogan, Principal Deputy Under 
        Secretary and Acting Under Secretary for 
        Infrastructure, U.S. Department of Energy

                        Committee Consideration

    On July 27, 2023, the Committee met in open session and 
ordered reported favorably the bill, H.R. 1069, as amended, by 
a recorded vote of 35 yeas to 0 nays, a quorum being present.

                            Roll Call Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

              Application of Law to the Legislative Branch

    The Committee finds that H.R. 1069 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    Pursuant to clause (3)(c)(4) of rule XIII, the goal of H.R. 
1069 is to amend the Infrastructure Investment and Jobs Act to 
require the Secretary of Energy to submit additional reports to 
Congress on the Department of Energy (DOE)'s clean energy 
demonstration activities.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, the Committee 
finds that no provision of H.R. 1069 establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, including any program 
that was included in a report to Congress pursuant to section 
21 of Public Law 111-139 or identified in the most recent 
Catalog of Federal Domestic Assistance.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of section 5(b) of the Federal Advisory 
Committee Act.

                       Unfunded Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                         Earmark Identification

    Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 1069 does not include any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

           New Budget Authority, Entitlement Authority, and 
                            Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 1069 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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




           *       *       *       *       *       *       *
DIVISION D--ENERGY

           *       *       *       *       *       *       *


                        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.

           *       *       *       *       *       *       *


                                  [all]