[115th Congress Public Law 246]
[From the U.S. Government Publishing Office]
[[Page 3129]]
DEPARTMENT OF ENERGY RESEARCH AND INNOVATION ACT
[[Page 132 STAT. 3130]]
Public Law 115-246
115th Congress
An Act
To establish Department of Energy policy for science and energy research
and development programs, and reform National Laboratory management and
technology transfer programs, and for other purposes. <<NOTE: Sept. 28,
2018 - [H.R. 589]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Energy Research and Innovation Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title. <<NOTE: 42 USC 18601 note.>> --This Act may be
cited as the ``Department of Energy Research and Innovation Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER
Sec. 101. Short title.
Sec. 102. Inclusion of early stage technology demonstration in
authorized technology transfer activities.
Sec. 103. Sense of Congress on accelerating energy innovation.
Sec. 104. Restoration of laboratory directed research and development
program.
Sec. 105. Research grants database.
Sec. 106. Technology transfer and transitions assessment.
Sec. 107. Agreements for commercializing technology pilot program.
Sec. 108. Short-term cost-share pilot program.
TITLE II--DEPARTMENT OF ENERGY RESEARCH COORDINATION
Sec. 201. Short title.
Sec. 202. Protection of information.
Sec. 203. Crosscutting research and development.
Sec. 204. Strategic research portfolio analysis and coordination plan.
Sec. 205. Strategy for facilities and infrastructure.
Sec. 206. Energy Innovation Hubs.
TITLE III--DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY
Sec. 301. Short title.
Sec. 302. Mission.
Sec. 303. Basic energy sciences.
Sec. 304. Advanced scientific computing research.
Sec. 305. High-energy physics.
Sec. 306. Biological and environmental research.
Sec. 307. Fusion energy.
Sec. 308. Nuclear physics.
Sec. 309. Science laboratories infrastructure program.
SEC. 2. <<NOTE: 42 USC 18601.>> DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Director.--The term ``Director'' means the Director of
the Office of Science of the Department, except as otherwise
indicated.
[[Page 132 STAT. 3131]]
(3) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I <<NOTE: Laboratory Modernization and Technology Transfer
Act.>> --LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER
SEC. 101. <<NOTE: 42 USC 18601 note.>> SHORT TITLE.
This title may be cited as the ``Laboratory Modernization and
Technology Transfer Act''.
SEC. 102. INCLUSION OF EARLY STAGE TECHNOLOGY DEMONSTRATION IN
AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Early Stage Technology Demonstration.--The Secretary shall
permit the directors of the National Laboratories to use funds
authorized to support technology transfer within the Department to carry
out early stage and precommercial technology demonstration activities to
remove technology barriers that limit private sector interest and
demonstrate potential commercial applications of any research and
technologies arising from National Laboratory activities.''.
SEC. 103. <<NOTE: 42 USC 18611.>> SENSE OF CONGRESS ON
ACCELERATING ENERGY INNOVATION.
It is the sense of Congress that--
(1) although important progress has been made in cost
reduction and deployment of clean energy technologies,
accelerating clean energy innovation will help meet critical
competitiveness, energy security, and environmental goals;
(2) accelerating the pace of clean energy innovation in the
United States calls for--
(A) supporting existing research and development
programs at the Department and the world-class National
Laboratories;
(B) exploring and developing new pathways for
innovators, investors, and decision-makers to leverage
the resources of the Department for addressing the
challenges and comparative strengths of geographic
regions; and
(C) recognizing the financial constraints of the
Department, regularly reviewing clean energy programs to
ensure that taxpayer investments are maximized;
(3) the energy supply, demand, policies, markets, and
resource options of the United States vary by geographic region;
(4) a regional approach to innovation can bridge the gaps
between local talent, institutions, and industries to identify
opportunities and convert United States investment into domestic
companies; and
(5) Congress, the Secretary, and energy industry
participants should advance efforts that promote international,
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domestic, and regional cooperation on the research and
development of energy innovations that--
(A) provide clean, affordable, and reliable energy
for everyone;
(B) promote economic growth;
(C) are critical for energy security; and
(D) are sustainable without government support.
SEC. 104. <<NOTE: 42 USC 18612.>> RESTORATION OF LABORATORY
DIRECTED RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Except as provided in subsection (b), the Secretary
shall ensure that laboratory operating contractors do not allocate costs
of general and administrative overhead to laboratory directed research
and development.
(b) Exception for National Security Laboratories.--This section
shall not apply to the national security laboratories with respect to
which section 3119 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) applies.
SEC. 105. <<NOTE: 42 USC 18613.>> RESEARCH GRANTS DATABASE.
(a) In General. <<NOTE: Public information.>> --The Secretary shall
establish and maintain a public database, accessible on the website of
the Department, that contains a searchable listing of each unclassified
research and development project contract, grant, cooperative agreement,
task order for a federally funded research and development center, or
other transaction administered by the Department.
(b) Requirements.--Each listing described in subsection (a) shall
include, at a minimum, for each listed project, the Department office
carrying out the project, the project name, an abstract or summary of
the project, funding levels, project duration, contractor or grantee
name (including the names of any subcontractors), and expected
objectives and milestones.
(c) Relevant Literature and Patents.--The Secretary shall provide
information through the public database established under subsection (a)
on relevant literature and patents that are associated with each
research and development project contract, grant, or cooperative
agreement, or other transaction, of the Department.
SEC. 106. <<NOTE: Reports. Recommenda- tions. 42 USC 18614.>>
TECHNOLOGY TRANSFER AND TRANSITIONS
ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, and
as often as the Secretary determines to be necessary thereafter, the
Secretary shall transmit to the appropriate committees of Congress a
report that includes recommended changes to the policy of the Department
and legislative changes to section 1001 of the Energy Policy Act of 2005
(42 U.S.C. 16391) to improve the ability of the Department to
successfully transfer new energy technologies to the private sector.
SEC. 107. <<NOTE: 42 USC 18615.>> AGREEMENTS FOR COMMERCIALIZING
TECHNOLOGY PILOT PROGRAM.
(a) In General.--The Secretary shall carry out the Agreements for
Commercializing Technology pilot program of the Department, as announced
by the Secretary on December 8, 2011, in accordance with this section.
(b) Terms.--Each agreement entered into pursuant to the pilot
program referred to in subsection (a) shall provide to the contractor of
the applicable National Laboratory, to the maximum extent determined to
be appropriate by the Secretary, increased authority to
[[Page 132 STAT. 3133]]
negotiate contract terms, such as intellectual property rights, payment
structures, performance guarantees, and multiparty collaborations.
(c) Eligibility.--
(1) In general.--Any director of a National Laboratory may
enter into an agreement pursuant to the pilot program referred
to in subsection (a).
(2) Agreements with non-federal entities.--To carry out
paragraph (1) and subject to paragraph (3), the Secretary shall
permit the directors of the National Laboratories to execute
agreements with a non-Federal entity, including a non-Federal
entity already receiving Federal funding that will be used to
support activities under agreements executed pursuant to
paragraph (1), provided that such funding is solely used to
carry out the purposes of the Federal award.
(3) Restriction <<NOTE: Applicability.>> .--The requirements
of chapter 18 of title 35, United States Code (commonly known as
the ``Bayh-Dole Act'') shall apply if--
(A) the agreement is a funding agreement (as that
term is defined in section 201 of that title); and
(B) at least one of the parties to the funding
agreement is eligible to receive rights under that
chapter.
(d) Submission to Secretary.--Each affected director of a National
Laboratory shall submit to the Secretary, with respect to each agreement
entered into under this section--
(1) <<NOTE: Summary.>> a summary of information relating to
the relevant project;
(2) <<NOTE: Cost estimate.>> the total estimated costs of
the project;
(3) <<NOTE: Timeframe estimate.>> estimated commencement
and completion dates of the project; and
(4) other documentation determined to be appropriate by the
Secretary.
(e) Certification.--The Secretary shall require the contractor of
the affected National Laboratory to certify that each activity carried
out under a project for which an agreement is entered into under this
section--
(1) is not in direct competition with the private sector;
and
(2) does not present, or minimizes, any apparent conflict of
interest, and avoids or neutralizes any actual conflict of
interest, as a result of the agreement under this section.
(f) Extension.--The pilot program referred to in subsection (a)
shall be extended until September 30, 2019.
(g) <<NOTE: Coordination.>> Reports.--
(1) Overall assessment <<NOTE: Assessments.>> .--Not later
than 60 days after the date described in subsection (f), the
Secretary, in coordination with directors of the National
Laboratories, shall submit to the appropriate committees of
Congress a report that--
(A) assesses the overall effectiveness of the pilot
program referred to in subsection (a);
(B) identifies opportunities to improve the
effectiveness of the pilot program;
(C) assesses the potential for program activities to
interfere with the responsibilities of the National
Laboratories to the Department; and
(D) <<NOTE: Recommenda- tions.>> provides a
recommendation regarding the future of the pilot
program.
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(2) Transparency.--The Secretary, in coordination with
directors of the National Laboratories, shall submit to the
appropriate committees of Congress an annual report that
accounts for all incidences of, and provides a justification
for, non-Federal entities using funds derived from a Federal
contract or award to carry out agreements pursuant to this
section.
SEC. 108. SHORT-TERM COST-SHARE PILOT PROGRAM.
(a) In General.--Section 988(b) of the Energy Policy Act of 2005 (42
U.S.C. 16352(b)) is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraphs (2) and (3)'' and inserting ``Except as provided in
paragraphs (2), (3), and (4)''; and
(2) by adding at the end the following:
``(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 (15 U.S.C. 3703)).
``(B) Termination date. <<NOTE: Applicability. Time
period.>> --The exemption under subparagraph (A) shall
apply during the 2-year period beginning on the date of
enactment of this paragraph.''.
(b) <<NOTE: Time periods.>> Reports.--
(1) Initial report.--As soon as practicable after the date
of enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that describes the
use of cost-sharing waivers by the Department under section
988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b))
during the 2-year period ending on the date of enactment of this
Act.
(2) Annual reports.--Annually during the 2-year period
beginning on the date of enactment of this Act, the Secretary
shall submit to the appropriate committees of Congress a report
that describes the use of cost-sharing waivers by the Department
under section 988(b) of the Energy Policy Act of 2005 (42 U.S.C.
16352(b)) during the period covered by the report.
TITLE II <<NOTE: Department of Energy Research Coordination Act.>> --
DEPARTMENT OF ENERGY RESEARCH COORDINATION
SEC. 201. <<NOTE: 42 USC 18601 note.>> SHORT TITLE.
This title may be cited as the ``Department of Energy Research
Coordination Act''.
SEC. 202. PROTECTION OF INFORMATION.
Section 5012 of the America Competes Act (42 U.S.C. 16538) is
amended--
(1) in subsection (a)(3), by striking ``subsection (n)(1)''
and inserting ``subsection (o)(1)'';
(2) by redesignating subsection (n) as subsection (o); and
(3) by inserting after subsection (m) the following:
[[Page 132 STAT. 3135]]
``(n) Protection of Information.--The following types of information
collected by ARPA-E from recipients of financial assistance awards shall
be considered commercial and financial information obtained from a
person and privileged or confidential and not subject to disclosure
under section 552(b)(4) of title 5, United States Code:
``(1) Plans for commercialization of technologies developed
under the award, including business plans, technology-to-market
plans, market studies, and cost and performance models.
``(2) Investments provided to an awardee from third parties
(such as venture capital firms, hedge funds, and private equity
firms), including amounts and the percentage of ownership of the
awardee provided in return for the investments.
``(3) Additional financial support that the awardee--
``(A) plans to or has invested into the technology
developed under the award; or
``(B) is seeking from third parties.
``(4) Revenue from the licensing or sale of new products or
services resulting from research conducted under the award.''.
SEC. 203. <<NOTE: 42 USC 18631.>> CROSSCUTTING RESEARCH AND
DEVELOPMENT.
(a) In General.--The Secretary shall use the capabilities of the
Department to identify strategic opportunities for collaborative
research, development, demonstration, and commercial application of
innovative science and technologies.
(b) Existing Programs; Coordination of Activities.--To the maximum
extent practicable, the Secretary shall seek--
(1) to leverage existing programs of the Department; and
(2) to consolidate and coordinate activities throughout the
Department to promote collaboration and crosscutting approaches
within programs of the Department.
(c) Additional Actions.--The Secretary shall--
(1) prioritize activities that use all affordable domestic
resources;
(2) develop a planning, evaluation, and technical assessment
framework for setting objective long-term strategic goals and
evaluating progress that--
(A) ensures integrity and independence; and
(B) provides the flexibility to adapt to market
dynamics;
(3) ensure that activities shall be undertaken in a manner
that does not duplicate other activities within the Department
or other Federal Government activities; and
(4) identify programs that may be more effectively left to
the States, industry, nongovernmental organizations,
institutions of higher education, or other stakeholders.
SEC. 204. STRATEGIC RESEARCH PORTFOLIO ANALYSIS AND COORDINATION
PLAN.
The Energy Policy Act of 2005 is amended by striking section 994 (42
U.S.C. 16358) and inserting the following:
[[Page 132 STAT. 3136]]
``SEC. 994. <<NOTE: 42 USC 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) <<NOTE: Assessments.>> 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) <<NOTE: Evaluations. Proposals.>> 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)
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of section 209 of the Department of Energy
Organization Act (42 U.S.C. 7139).
``(c) Submission to Congress <<NOTE: Time period.>> .--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).''.
SEC. 205. STRATEGY FOR FACILITIES AND INFRASTRUCTURE.
(a) Amendments.--Section 993 of the Energy Policy Act of 2005 (42
U.S.C. 16357) is amended--
(1) by striking the section heading and inserting the
following: ``strategy for facilities and infrastructure''; and
(2) in subsection (b)(1), by striking ``2008'' and inserting
``2018''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Energy Policy Act of 2005 is amended by striking the item relating
to section 993 and inserting the following:
``Sec. 993. Strategy for facilities and infrastructure.''.
SEC. 206 <<NOTE: 42 USC 18632.>> . ENERGY INNOVATION HUBS.
(a) Definitions.--In this section:
(1) Advanced energy technology.--The term ``advanced energy
technology'' means--
(A) an innovative technology--
(i) that produces energy from solar, wind,
geothermal, biomass, tidal, wave, ocean, or other
renewable energy resources;
(ii) that produces nuclear energy;
(iii) for carbon capture and sequestration;
(iv) that enables advanced vehicles, vehicle
components, and related technologies that result
in significant energy savings;
(v) that generates, transmits, distributes,
uses, or stores energy more efficiently than
conventional technologies, including through Smart
Grid technologies; or
(vi) that enhances the energy independence and
security of the United States by enabling improved
or expanded supply and production of domestic
energy resources, including coal, oil, and natural
gas;
(B) a research, development, demonstration, or
commercial application activity necessary to ensure the
long-term, secure, and sustainable supply of an energy-
critical element; or
(C) any other innovative energy technology area
identified by the Secretary.
(2) Hub.--
(A) In general.--The term ``Hub'' means an Energy
Innovation Hub established under this section.
(B) Inclusion.--The term ``Hub'' includes any Energy
Innovation Hub in existence on the date of enactment of
this Act.
(3) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education;
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(B) an appropriate State or Federal entity,
including a federally funded research and development
center of the Department;
(C) a nongovernmental organization with expertise in
advanced energy technology research, development,
demonstration, or commercial application; or
(D) any other relevant entity the Secretary
determines appropriate.
(b) Authorization of Program.--
(1) In general.--The Secretary shall carry out a program to
enhance the economic, environmental, and energy security of the
United States by making awards to consortia for establishing and
operating hubs, to be known as ``Energy Innovation Hubs'', to
conduct and support, at, if practicable, one centralized
location, multidisciplinary, collaborative research,
development, demonstration, and commercial application of
advanced energy technologies.
(2) <<NOTE: Designation.>> Technology development focus.--
The Secretary shall designate for each Hub a unique advanced
energy technology or basic research focus.
(3) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of each Hub with the activities of--
(A) other research entities of the Department,
including the National Laboratories, the Advanced
Research Projects Agency--Energy, and Energy Frontier
Research Centers; and
(B) industry.
(c) Application Process.--
(1) Eligibility.--To be eligible to receive an award for the
establishment and operation of a Hub under subsection (b)(1), a
consortium shall--
(A) be composed of not fewer than two qualifying
entities;
(B) operate subject to a binding agreement, entered
into by each member of the consortium, that documents--
(i) the proposed partnership agreement,
including the governance and management structure
of the Hub;
(ii) measures the consortium will undertake to
enable cost-effective implementation of activities
under the program described in subsection (b)(1);
and
(iii) a proposed budget, including financial
contributions from non-Federal sources; and
(C) operate as a nonprofit organization.
(2) Application.--
(A) In general.--A consortium seeking to establish
and operate a Hub under subsection (b)(1) shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the Secretary
may require, including a detailed description of each
element of the consortium agreement required under
paragraph (1)(B).
(B) Requirement.--If the consortium members will not
be located at one centralized location, the application
under subparagraph (A) shall include a communications
plan that ensures close coordination and integration of
Hub activities.
[[Page 132 STAT. 3139]]
(3) Selection.--
(A) In general.--The Secretary shall select
consortia for awards for the establishment and operation
of Hubs through a competitive selection process.
(B) Considerations.--In selecting consortia under
subparagraph (A), the Secretary shall consider--
(i) the information disclosed by the
consortium under this subsection; and
(ii) any existing facilities a consortium will
provide for Hub activities.
(d) Term.--
(1) In general.--An award made to a Hub under this section
shall be for a period of not more than 5 years, subject to the
availability of appropriations, after which the award may be
renewed, subject to a rigorous merit review.
(2) Existing hubs.--A Hub already in existence on, or
undergoing a renewal process on, the date of enactment of this
Act--
(A) may continue to receive support during the 5-
year period beginning on the date of establishment of
that Hub; and
(B) shall be eligible for renewal of that support at
the end of that 5-year period.
(e) Hub Operations.--
(1) In general.--Each Hub shall conduct or provide for
multidisciplinary, collaborative research, development,
demonstration, and commercial application of advanced energy
technologies within the technology development focus designated
under subsection (b)(2).
(2) Activities.--Each Hub shall--
(A) encourage collaboration and communication among
the member qualifying entities of the consortium and
awardees;
(B) <<NOTE: Plans. Web posting.>> develop and
publish proposed plans and programs on a publicly
accessible website;
(C) <<NOTE: Reports.>> submit an annual report to
the Department summarizing the activities of the Hub,
including--
(i) detailing organizational expenditures; and
(ii) describing each project undertaken by the
Hub; and
(D) monitor project implementation and coordination.
(3) Conflicts of interest.--Each Hub shall maintain conflict
of interest procedures, consistent with the conflict of interest
procedures of the Department.
(4) Prohibition on construction.--
(A) In general.--Except as provided in subparagraph
(B)--
(i) no funds provided under this section may
be used for construction of new buildings or
facilities for Hubs; and
(ii) construction of new buildings or
facilities shall not be considered as part of the
non-Federal share of a Hub cost-sharing agreement.
(B) Test bed and renovation exception.--Nothing in
this paragraph prohibits the use of funds provided under
this section or non-Federal cost share funds for the
construction of a test bed or renovations to existing
[[Page 132 STAT. 3140]]
buildings or facilities for the purposes of research if
the Secretary determines that the test bed or
renovations are limited to a scope and scale necessary
for the research to be conducted.
TITLE III <<NOTE: Department of Energy Office of Science Policy
Act.>> --DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY
SEC. 301. <<NOTE: 42 USC 18601 note.>> SHORT TITLE.
This title may be cited as the ``Department of Energy Office of
Science Policy Act''.
SEC. 302. MISSION.
Section 209 of the Department of Energy Organization Act (42 U.S.C.
7139) is amended by adding at the end the following:
``(c) Mission.--The mission of the Office of Science shall be the
delivery of scientific discoveries, capabilities, and major scientific
tools to transform the understanding of nature and to advance the
energy, economic, and national security of the United States.''.
SEC. 303. BASIC ENERGY SCIENCES.
(a) <<NOTE: 42 USC 18641.>> Energy Frontier Research Centers.--
(1) In general.--The Director shall carry out a program to
provide awards, on a competitive, merit-reviewed basis, to
multi-institutional collaborations or other appropriate entities
to conduct fundamental and use-inspired energy research to
accelerate scientific breakthroughs.
(2) Collaborations.--A collaboration receiving an award
under this subsection may include multiple types of institutions
and private sector entities.
(3) Selection and duration.--
(A) In general.--A collaboration under this
subsection shall be selected for a period of 4 years.
(B) Existing centers.--An Energy Frontier Research
Center in existence and supported by the Director on the
date of enactment of this Act may continue to receive
support for a period of 4 years beginning on the date of
establishment of that center.
(C) Reapplication.--After the end of the period
described in subparagraph (A) or (B), as applicable, a
recipient of an award may reapply for selection on a
competitive, merit-reviewed basis.
(D) Termination.--Consistent with the existing
authorities of the Department, the Director may
terminate an underperforming center for cause during the
performance period.
(4) No funding for construction.--No funding provided
pursuant to this subsection may be used for the construction of
new buildings or facilities.
(b) <<NOTE: 42 USC 18641.>> Basic Energy Sciences User
Facilities.--
(1) In general.--The Director shall carry out a program for
the development, construction, operation, and maintenance of
national user facilities.
(2) Requirements.--To the maximum extent practicable, the
national user facilities developed, constructed, operated,
[[Page 132 STAT. 3141]]
or maintained under paragraph (1) shall serve the needs of the
Department, industry, the academic community, and other relevant
entities to create and examine materials and chemical processes
for the purpose of improving the competitiveness of the United
States.
(3) Included facilities.--The national user facilities
developed, constructed, operated, or maintained under paragraph
(1) shall include--
(A) x-ray light sources;
(B) neutron sources;
(C) nanoscale science research centers; and
(D) such other facilities as the Director considers
appropriate, consistent with section 209 of the
Department of Energy Organization Act (42 U.S.C. 7139).
(c) Accelerator Research and Development <<NOTE: Consultation. 42
USC 18641.>> .--The Director shall carry out research and development on
advanced accelerator and storage ring technologies relevant to the
development of basic energy sciences user facilities, in consultation
with the High Energy Physics and Nuclear Physics programs of the Office
of Science.
(d) Solar Fuels Research Initiative.--
(1) In general.--Section 973 of the Energy Policy Act of
2005 (42 U.S.C. 16313) is amended to read as follows:
``SEC. 973. 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
[[Page 132 STAT. 3142]]
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.
[[Page 132 STAT. 3143]]
``(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.''.
(2) Conforming amendment.--The table of contents for the
Energy Policy Act of 2005 is amended by striking the item
relating to section 973 and inserting the following:
``Sec. 973. Solar fuels research initiative.''.
(e) Electricity Storage Research Initiative.--
(1) In general.--Section 975 of the Energy Policy Act of
2005 (42 U.S.C. 16315) is amended to read as follows:
``SEC. 975. 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.--
[[Page 132 STAT. 3144]]
``(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) <<NOTE: Coordination.>> 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)--
[[Page 132 STAT. 3145]]
``(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.''.
(2) Conforming amendment.--The table of contents for the
Energy Policy Act of 2005 is amended by striking the item
relating to section 975 and inserting the following:
``Sec. 975. Electricity storage research initiative.''.
SEC. 304. <<NOTE: 42 USC 18642.>> ADVANCED SCIENTIFIC COMPUTING
RESEARCH.
(a) American Super Computing Leadership.--
(1) Renaming of act.--
(A) In general.--Section 1 of the Department of
Energy High-End Computing Revitalization Act of 2004 (15
U.S.C. 5501 note; Public Law 108-423) is amended by
striking ``Department of Energy High-End Computing
Revitalization Act of 2004'' and inserting ``American
Super Computing Leadership Act of 2017''.
(B) Conforming amendment.--Section 976(a)(1) of the
Energy Policy Act of 2005 (42 U.S.C. 16316(1)) is
amended by striking ``Department of Energy High-End
Computing Revitalization Act of 2004'' and inserting
``American Super Computing Leadership Act of 2017''.
(2) Definitions.--Section 2 of the American Super Computing
Leadership Act of 2017 (15 U.S.C. 5541) is amended--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(B) by striking paragraph (1) and inserting the
following:
``(1) Department.--The term `Department' means the
Department of Energy.
``(2) Exascale computing.--The term `exascale computing'
means computing through the use of a computing machine that
performs near or above 10 to the 18th power operations per
second.''; and
(C) in paragraph (6) (as redesignated by
subparagraph (A)), by striking ``, acting through the
Director of the Office of Science of the Department of
Energy''.
(3) Department of energy high-end computing research and
development program.--Section 3 of the American Super Computing
Leadership Act of 2017 (15 U.S.C. 5542) is amended--
(A) in subsection (a)(1), by striking ``program''
and inserting ``coordinated program across the
Department'';
(B) in subsection (b)(2), by striking ``, which
may'' and all that follows through ``architectures'';
and
[[Page 132 STAT. 3146]]
(C) by striking subsection (d) and inserting the
following:
``(d) Exascale Computing Program.--
``(1) In general.--The Secretary shall conduct a research
program (referred to in this subsection as the `Program') for
exascale computing, including the development of two or more
exascale computing machine architectures, to promote the
missions of the Department.
``(2) Execution.--
``(A) In general.--In carrying out the Program, the
Secretary shall--
``(i) establish two or more National
Laboratory partnerships with industry partners and
institutions of higher education for the research
and development of two or more exascale computing
architectures across all applicable organizations
of the Department;
``(ii) conduct mission-related codesign
activities in developing the exascale computing
architectures under clause (i);
``(iii) develop such advancements in hardware
and software technology as are required to fully
realize the potential of an exascale production
system in addressing Department target
applications and solving scientific problems
involving predictive modeling and simulation and
large scale data analytics and management;
``(iv) explore the use of exascale computing
technologies to advance a broad range of science
and engineering; and
``(v) provide, as appropriate, on a
competitive, merit-reviewed basis, access for
researchers in industries in the United States,
institutions of higher education, National
Laboratories, and other Federal agencies to the
exascale computing systems developed pursuant to
clause (i).
``(B) Selection of partners.--The Secretary shall
select the partnerships with the computing facilities of
the Department under subparagraph (A) through a
competitive, peer-review process.
``(3) Codesign and application development.--
``(A) In general.--The Secretary shall--
``(i) carry out the Program through an
integration of applications, computer science,
applied mathematics, and computer hardware
architecture using the partnerships established
pursuant to paragraph (2) to ensure that, to the
maximum extent practicable, two or more exascale
computing machine architectures are capable of
solving Department target applications and broader
scientific problems, including predictive modeling
and simulation and large scale data analytics and
management; and
``(ii) conduct outreach programs to increase
the readiness for the use of such platforms by
domestic industries, including manufacturers.
``(B) Report.--The Secretary shall submit to
Congress a report describing--
[[Page 132 STAT. 3147]]
``(i) how the integration under subparagraph
(A) is furthering application science data and
computational workloads across application
interests, including national security, material
science, physical science, cybersecurity,
biological science, the Materials Genome and BRAIN
Initiatives of the President, advanced
manufacturing, and the national electric grid; and
``(ii) the roles and responsibilities of
National Laboratories and industry, including the
definition of the roles and responsibilities
within the Department to ensure an integrated
program across the Department.
``(4) Project review.--
``(A) In general.--The exascale architectures
developed pursuant to partnerships established pursuant
to paragraph (2) shall be reviewed through a project
review process.
``(B) Report.--Not later than 90 days after the date
of enactment of this subsection, the Secretary shall
submit to Congress a report on--
``(i) the results of the review conducted
under subparagraph (A); and
``(ii) the coordination and management of the
Program to ensure an integrated research program
across the Department.
``(5) Annual reports. <<NOTE: Consultation.>> --At the time
of the budget submission of the Department for each fiscal year,
the Secretary, in consultation with the members of the
partnerships established pursuant to paragraph (2), shall submit
to Congress a report that describes funding for the Program as a
whole by functional element of the Department and critical
milestones.''.
(b) High-Performance Computing and Networking Research.--The
Director shall support research in high-performance computing and
networking relevant to energy applications, including modeling,
simulation, and advanced data analytics for basic and applied energy
research programs carried out by the Secretary.
(c) Applied Mathematics and Software Development for High-End
Computing Systems.--The Director shall carry out activities to develop,
test, and support--
(1) mathematics, models, and algorithms for complex systems
and programming environments; and
(2) tools, languages, and operating systems for high-end
computing systems (as defined in section 2 of the American Super
Computing Leadership Act of 2017 (15 U.S.C. 5541)).
SEC. 305. <<NOTE: 42 USC 18643.>> HIGH-ENERGY PHYSICS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Director should incorporate the findings and
recommendations of the report of the Particle Physics Project
Prioritization Panel entitled ``Building for Discovery:
Strategic Plan for U.S. Particle Physics in the Global Context''
into the planning process of the Department; and
(2) the nations that lead in particle physics by hosting
international teams dedicated to a common scientific goal
attract the world's best talent and inspire future generations
of physicists and technologists.
[[Page 132 STAT. 3148]]
(b) International Collaboration.--The Director, as practicable and
in coordination with other appropriate Federal agencies as necessary,
shall ensure the access of United States researchers to the most
advanced accelerator facilities and research capabilities in the world,
including the Large Hadron Collider.
(c) Neutrino Research.--The Director shall carry out research
activities on rare decay processes and the nature of the neutrino, which
may include collaborations with the National Science Foundation or
international collaborations.
(d) Dark Energy and Dark Matter Research.--The Director shall carry
out research activities on the nature of dark energy and dark matter,
which may include collaborations with the National Aeronautics and Space
Administration or the National Science Foundation; or international
collaborations.
SEC. 306. <<NOTE: 42 USC 18644.>> BIOLOGICAL AND ENVIRONMENTAL
RESEARCH.
(a) Biological Systems.--The Director shall carry out research and
development activities in fundamental, structural, computational, and
systems biology to increase systems-level understanding of the complex
biological systems, which may include activities--
(1) to accelerate breakthroughs and new knowledge that would
enable the cost-effective, sustainable production of--
(A) biomass-based liquid transportation fuels;
(B) bioenergy; and
(C) biobased materials;
(2) to improve understanding of the global carbon cycle,
including processes for removing carbon dioxide from the
atmosphere, through photosynthesis and other biological
processes, for sequestration and storage; and
(3) to understand the biological mechanisms used to
transform, immobilize, or remove contaminants from subsurface
environments.
(b) Limitation for Research Funds.--The Director shall not approve
new climate science-related initiatives without making a determination
that such work is well-coordinated with any relevant work carried out by
other Federal agencies.
(c) Low-Dose Radiation Research Program.--
(1) In general.--The Director shall carry out a research
program on low-dose radiation.
(2) Purpose.--The purpose of the program is to enhance the
scientific understanding of, and reduce uncertainties associated
with, the effects of exposure to low-dose radiation to inform
improved risk-management methods.
SEC. 307. <<NOTE: 42 USC 18645.>> FUSION ENERGY.
(a) Fusion Materials Research and Development.--As part of the
activities authorized in section 978 of the Energy Policy Act of 2005
(42 U.S.C. 16318)--
(1) <<NOTE: Coordination.>> the Director, in coordination
with the Assistant Secretary for Nuclear Energy of the
Department, shall carry out research and development activities
to identify, characterize, and demonstrate materials that can
endure the neutron, plasma, and heat fluxes expected in a fusion
power system; and
(2) <<NOTE: Assessment.>> the Director shall provide an
assessment of--
[[Page 132 STAT. 3149]]
(A) the need for one or more facilities that can
examine and test potential fusion and next generation
fission materials and other enabling technologies
relevant to the development of fusion power; and
(B) whether a single new facility that substantially
addresses magnetic fusion and next generation fission
materials research needs is feasible, in conjunction
with the expected capabilities of facilities operational
as of the date of enactment of this Act.
(b) Tokamak Research and Development.--The Director shall support
research and development activities and facility operations to optimize
the tokamak approach to fusion energy.
(c) Inertial Fusion Energy Research and Development.--The Director
shall support research and development activities for inertial fusion
for energy applications.
(d) Alternative and Enabling Concepts.--The Director shall support
research and development activities and facility operations at
institutions of higher education, National Laboratories, and private
facilities in the United States for a portfolio of alternative and
enabling fusion energy concepts that may provide solutions to
significant challenges to the establishment of a commercial magnetic
fusion power plant, prioritized based on the ability of the United
States to play a leadership role in the international fusion research
community.
(e) Coordination With ARPA-E.--The Director shall coordinate with
the Director of the Advanced Research Projects Agency-Energy (referred
to in this subsection as ``ARPA-E'') to--
(1) assess the potential for any fusion energy project
supported by ARPA-E to represent a promising approach to a
commercially viable fusion power plant;
(2) determine whether the results of any fusion energy
project supported by ARPA-E merit the support of follow-on
research activities carried out by the Office of Science; and
(3) avoid the unintentional duplication of activities.
(f) Fairness in Competition for Solicitations for International
Project Activities. <<NOTE: Definition.>> --Section 33 of the Atomic
Energy Act of 1954 (42 U.S.C. 2053) is amended by inserting before the
first sentence the following: ``In this section, with respect to
international research projects, the term `private facilities or
laboratories' means facilities or laboratories located in the United
States.''.
(g) Identification of Priorities.--
(1) Report.--
(A) In general <<NOTE: Time period.>> .--Not later
than 2 years after the date of enactment of this Act,
the Secretary shall submit to Congress a report on the
fusion energy research and development activities that
the Department proposes to carry out over the 10-year
period following the date of the report under not fewer
than 3 realistic budget scenarios, including a scenario
based on 3-percent annual growth in the non-ITER portion
of the budget for fusion energy research and development
activities.
(B) Inclusions.--The report required under
subparagraph (A) shall--
(i) identify specific areas of fusion energy
research and enabling technology development in
which the United States can and should establish
or solidify a lead in the global fusion energy
development effort;
[[Page 132 STAT. 3150]]
(ii) identify priorities for initiation of
facility construction and facility decommissioning
under each of the three budget scenarios described
in subparagraph (A); and
(iii) assess the ability of the fusion
workforce of the United States to carry out the
activities identified under clauses (i) and (ii),
including the adequacy of programs at institutions
of higher education in the United States to train
the leaders and workers of the next generation of
fusion energy researchers.
(2) Process.--In order to develop the report required under
paragraph (1)(A), the Secretary shall leverage best practices
and lessons learned from the process used to develop the most
recent report of the Particle Physics Project Prioritization
Panel of the High Energy Physics Advisory Panel.
(3) Requirement.--No member of the Fusion Energy Sciences
Advisory Committee shall be excluded from participating in
developing or voting on final approval of the report required
under paragraph (1)(A).
SEC. 308. <<NOTE: 42 USC 18646.>> NUCLEAR PHYSICS.
(a) Isotope Development and Production for Research Applications.--
The Director--
(1) may carry out a program for the production of isotopes,
including the development of techniques to produce isotopes,
that the Secretary determines are needed for research, medical,
industrial, or related purposes; and
(2) shall ensure that isotope production activities carried
out under the program under this paragraph do not compete with
private industry unless the Director determines that critical
national interests require the involvement of the Federal
Government.
(b) Renaming of the Rare Isotope Accelerator.--Section 981 of the
Energy Policy Act of 2005 (42 U.S.C. 16321) is amended--
(1) in the section heading, by striking ``rare isotope
accelerator'' and inserting ``facility for rare isotope beams'';
and
(2) by striking ``Rare Isotope Accelerator'' each place it
appears and inserting ``Facility for Rare Isotope Beams''.
SEC. 309. <<NOTE: 42 USC 18647.>> SCIENCE LABORATORIES
INFRASTRUCTURE PROGRAM.
(a) In General.--The Director shall carry out a program to improve
the safety, efficiency, and mission readiness of infrastructure at
laboratories of the Office of Science.
(b) Inclusions.--The program under subsection (a) shall include
projects--
(1) to renovate or replace space that does not meet research
needs;
(2) to replace facilities that are no longer cost effective
to renovate or operate;
(3) to modernize utility systems to prevent failures and
ensure efficiency;
(4) to remove excess facilities to allow safe and efficient
operations; and
[[Page 132 STAT. 3151]]
(5) to construct modern facilities to conduct advanced
research in controlled environmental conditions.
Approved September 28, 2018.
LEGISLATIVE HISTORY--H.R. 589 (S. 1460) (S. 2503):
---------------------------------------------------------------------------
SENATE REPORTS: Nos. 115-242 and 115-241, accompanying S. 2503, (both
from Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 163 (2017):
Jan. 24, considered and passed
House.
Vol. 164 (2018):
July 23, considered and passed
Senate, amended.
Sept. 13, House concurred in Senate
amendment.
<all>