[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 589 Enrolled Bill (ENR)]
H.R.589
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--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:

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authorized technology transfer activities.

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TITLE I

-LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER

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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.
(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.

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TITLE III

-DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY

This title may be cited as the ``Laboratory Modernization and
Technology Transfer Act''.

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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.''.

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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, 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.

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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.

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(a) In General.--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.

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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.

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(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 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.--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) a summary of information relating to the relevant project;
(2) the total estimated costs of the project;
(3) 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) Reports.--
(1) Overall assessment.--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) provides a recommendation regarding the future of the
pilot program.
(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.

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(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.--The exemption under subparagraph
(A) shall apply during the 2-year period beginning on the date
of enactment of this paragraph.''.
(b) 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.

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This title may be cited as the ``Department of Energy Research
Coordination Act''.

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TITLE II

-DEPARTMENT OF ENERGY RESEARCH COORDINATION

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:
``(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.''.

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(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.

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PLAN.
The Energy Policy Act of 2005 is amended by striking section 994
(42 U.S.C. 16358) and inserting the following:
``SEC. 994. 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 section
209 of the Department of Energy Organization Act (42 U.S.C.
7139).
``(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).''.

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(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.''.

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(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;
(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) 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.
(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) develop and publish proposed plans and programs on a
publicly accessible website;
(C) 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 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.

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This title may be cited as the ``Department of Energy Office of
Science Policy Act''.

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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.''.

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(a) 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) 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, 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.--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 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.''.
(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.--
``(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.''.
(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.''.

9318c2cbf3d83e79f3a835d4e1bc11121206306a27495db2a90a895d987ace4b

(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
(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--
``(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.--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)).

b1ed611d9268e81bd2ac25a1f198a21288b4d0235db5452581e042a7bb2902d3

(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.
(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.

14e39de78e9f4f1043b48c6f0bd4c9e5a7a74804059249889ac146f011f220bf

(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.

6f4e0a00ccc80fbb76e786337eee006e617a1354d1c9dad3becbc4ff87f0de4e

(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) 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) the Director shall provide an assessment of--
(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.--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.--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;
(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).

afbf510a4a8758f222f89004beeb7a19c09f9e4ef627c86bb3e9cdb0cc1f076d

(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''.

2ca2719666d148b30451eb1fb3e0097bb791b43b13f0ccf46278fc7ffe55a5cf

(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
(5) to construct modern facilities to conduct advanced research
in controlled environmental conditions.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

67a289e993adae249c160aa46d80432952b0fc7110d5138462f48b6778ac09e3

Department of Energy Research and Innovation Act — HR. 589

Other Sections

TITLE I

TITLE III

TITLE II

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