[Congressional Record Volume 164, Number 123 (Monday, July 23, 2018)]
[Senate]
[Pages S5219-S5225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF ENERGY RESEARCH AND INNOVATION ACT
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 404, S. 2503.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2503) 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.
There being no objection, the Senate proceeded to consider the bill.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the
Murkowski amendment at the desk be agreed to and the bill, as amended,
be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3404) was agreed to, as follows:
(Purpose: To strike the provisions relating to nuclear energy
innovation capabilities)
Strike title IV.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Ms. MURKOWSKI. Mr. President, I know of no further debate on the
bill.
The PRESIDING OFFICER. Is there further debate?
If not, the bill having been read the third time, the question is,
Shall the bill pass?
The bill (S. 2503), as amended, was passed, as follows:
S. 2503
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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:
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. 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.
(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--LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER
SEC. 101. 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
[[Page S5220]]
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. 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, 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. 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. RESEARCH GRANTS DATABASE.
(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.
SEC. 106. 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. 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 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.
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.--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.
TITLE II--DEPARTMENT OF ENERGY RESEARCH COORDINATION
SEC. 201. 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:
``(n) Protection of Information.--The following types of
information collected by ARPA-E from recipients of financial
assistance awards shall be considered commercial
[[Page S5221]]
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. 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:
``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 one 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).''.
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. 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;
(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).
[[Page S5222]]
(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.
TITLE III--DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY
SEC. 301. 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) 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--
[[Page S5223]]
``(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.''.
SEC. 304. 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
(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
[[Page S5224]]
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)).
SEC. 305. 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.
(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. 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. 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) 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
[[Page S5225]]
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).
SEC. 308. 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. 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
(5) to construct modern facilities to conduct advanced
research in controlled environmental conditions.
Ms. MURKOWSKI. I ask unanimous consent that the motion to reconsider
be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________