Sec. 10110. Science laboratories infrastructure program
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Section 309 of the Department of Energy Research and Innovation Act ( 42 U.S.C. 18647 ) is amended by adding at the end the following: In carrying out this section, the Director shall utilize all available approaches and mechanisms, including capital line items, minor construction projects, energy savings performance contracts, and utility energy service contracts, alternative financing and expense funding, as appropriate. Consistent with section 161(g) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(g) ), the Management and Operating contractors of the Department may enter into the lease-purchase of research facilities and infrastructure under the scope of their contract with the Department with the approval of the Secretary or their designee.
To carry out lease-purchases approved by the Secretary under subsection (a), the Department shall only be required to have budget authority in an amount sufficient to cover the minimum required lease payments through the period required to exercise a termination provision in the lease agreement, plus any associated lease termination penalties, regardless of whether such leased facility and infrastructure is on or off Government land, and if— the Department has established a mission need for the facility or infrastructure to be leased; the facility or infrastructure is general purpose, including offices, laboratories, cafeterias, utilities, and data centers; the Department is not a party to and has no financial obligations under the lease-purchase transaction entered into by the Management and Operating contractor, other than allowability of the lease cost and conveyance of Government land, if needed; the lease-purchase has an advance notice termination provision with reasonable pre-defined penalties that the Management and Operating contractor may exercise, at the direction of the Department, if funding for the lease is no longer available or the mission need ceases to exist; there is an option for a no cost transfer of ownership to the Government once the underlying financing is retired, but neither the Management and Operating contractor nor the Department are obligated to purchase the facility or infrastructure at any time during or after the lease term; the lease-purchase transaction, assuming exercise of the ownership option, is demonstrated to be the lowest lifecycle cost alternative for the Government; and the cumulative annual base rent for all lease-purchases of facilities and infrastructure, inclusive of any transactions under consideration, does not exceed 2 percent of the Management and Operating contract operating budget for the year the commitment is made for the lease.
Not later than 1 year after the date of the enactment of the America COMPETES Act of 2022, and biennially thereafter, the Department 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 on the lease-purchase transactions that the Management and Operating contractors of the Department entered into under subsection
(a)that includes— a list of the lease-purchase transactions entered into by each Management and Operating contractor and their respective costs; the annual percentage of each Management and Operating contract operating budget that is used for lease-purchase transactions for the year the commitments were made; and any other information the Secretary determines to be appropriate. The lease-purchases authorized under paragraph
(1)may be entered into only during fiscal years 2022 through 2026. The Director, in coordination with each of the programs carried out by the Office of Science, shall establish a mid-scale instrumentation program to enable the development and acquisition of novel, state-of-the-art instruments ranging in cost from $1 million to $20 million each that would significantly accelerate scientific breakthroughs at user facilities. There are authorized to be appropriated to the Secretary to carry out the activities described in this section $500,000,000 for each of fiscal years 2022 through 2026. .
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