[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.

                          ____________________