Text: H.R.589 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-246 (09/28/2018)

 
[115th Congress Public Law 246]
[From the U.S. Government Publishing Office]



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            DEPARTMENT OF ENERGY RESEARCH AND INNOVATION ACT

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Public Law 115-246
115th Congress

                                 An Act


 
To establish Department of Energy policy for science and energy research 
and development programs, and reform National Laboratory management and 
technology transfer programs, and for other purposes. <<NOTE: Sept. 28, 
                          2018 -  [H.R. 589]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Energy Research and Innovation Act.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title. <<NOTE: 42 USC 18601 note.>> --This Act may be 
cited as the ``Department of Energy Research and Innovation Act''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

        TITLE I--LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER

Sec. 101. Short title.
Sec. 102. Inclusion of early stage technology demonstration in 
           authorized technology transfer activities.
Sec. 103. Sense of Congress on accelerating energy innovation.
Sec. 104. Restoration of laboratory directed research and development 
           program.
Sec. 105. Research grants database.
Sec. 106. Technology transfer and transitions assessment.
Sec. 107. Agreements for commercializing technology pilot program.
Sec. 108. Short-term cost-share pilot program.

          TITLE II--DEPARTMENT OF ENERGY RESEARCH COORDINATION

Sec. 201. Short title.
Sec. 202. Protection of information.
Sec. 203. Crosscutting research and development.
Sec. 204. Strategic research portfolio analysis and coordination plan.
Sec. 205. Strategy for facilities and infrastructure.
Sec. 206. Energy Innovation Hubs.

        TITLE III--DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY

Sec. 301. Short title.
Sec. 302. Mission.
Sec. 303. Basic energy sciences.
Sec. 304. Advanced scientific computing research.
Sec. 305. High-energy physics.
Sec. 306. Biological and environmental research.
Sec. 307. Fusion energy.
Sec. 308. Nuclear physics.
Sec. 309. Science laboratories infrastructure program.

SEC. 2. <<NOTE: 42 USC 18601.>>  DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Science of the Department, except as otherwise 
        indicated.

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            (3) National laboratory.--The term ``National Laboratory'' 
        has the meaning given that term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

    TITLE I <<NOTE: Laboratory Modernization and Technology Transfer 
Act.>> --LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER
SEC. 101. <<NOTE: 42 USC 18601 note.>>  SHORT TITLE.

    This title may be cited as the ``Laboratory Modernization and 
Technology Transfer Act''.
SEC. 102. INCLUSION OF EARLY STAGE TECHNOLOGY DEMONSTRATION IN 
                        AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.

    Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is 
amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:

    ``(g) Early Stage Technology Demonstration.--The Secretary shall 
permit the directors of the National Laboratories to use funds 
authorized to support technology transfer within the Department to carry 
out early stage and precommercial technology demonstration activities to 
remove technology barriers that limit private sector interest and 
demonstrate potential commercial applications of any research and 
technologies arising from National Laboratory activities.''.
SEC. 103. <<NOTE: 42 USC 18611.>>  SENSE OF CONGRESS ON 
                        ACCELERATING ENERGY INNOVATION.

    It is the sense of Congress that--
            (1) although important progress has been made in cost 
        reduction and deployment of clean energy technologies, 
        accelerating clean energy innovation will help meet critical 
        competitiveness, energy security, and environmental goals;
            (2) accelerating the pace of clean energy innovation in the 
        United States calls for--
                    (A) supporting existing research and development 
                programs at the Department and the world-class National 
                Laboratories;
                    (B) exploring and developing new pathways for 
                innovators, investors, and decision-makers to leverage 
                the resources of the Department for addressing the 
                challenges and comparative strengths of geographic 
                regions; and
                    (C) recognizing the financial constraints of the 
                Department, regularly reviewing clean energy programs to 
                ensure that taxpayer investments are maximized;
            (3) the energy supply, demand, policies, markets, and 
        resource options of the United States vary by geographic region;
            (4) a regional approach to innovation can bridge the gaps 
        between local talent, institutions, and industries to identify 
        opportunities and convert United States investment into domestic 
        companies; and
            (5) Congress, the Secretary, and energy industry 
        participants should advance efforts that promote international,

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        domestic, and regional cooperation on the research and 
        development of energy innovations that--
                    (A) provide clean, affordable, and reliable energy 
                for everyone;
                    (B) promote economic growth;
                    (C) are critical for energy security; and
                    (D) are sustainable without government support.
SEC. 104. <<NOTE: 42 USC 18612.>>  RESTORATION OF LABORATORY 
                        DIRECTED RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--Except as provided in subsection (b), the Secretary 
shall ensure that laboratory operating contractors do not allocate costs 
of general and administrative overhead to laboratory directed research 
and development.
    (b) Exception for National Security Laboratories.--This section 
shall not apply to the national security laboratories with respect to 
which section 3119 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328) applies.
SEC. 105. <<NOTE: 42 USC 18613.>>  RESEARCH GRANTS DATABASE.

    (a) In General. <<NOTE: Public information.>> --The Secretary shall 
establish and maintain a public database, accessible on the website of 
the Department, that contains a searchable listing of each unclassified 
research and development project contract, grant, cooperative agreement, 
task order for a federally funded research and development center, or 
other transaction administered by the Department.

    (b) Requirements.--Each listing described in subsection (a) shall 
include, at a minimum, for each listed project, the Department office 
carrying out the project, the project name, an abstract or summary of 
the project, funding levels, project duration, contractor or grantee 
name (including the names of any subcontractors), and expected 
objectives and milestones.
    (c) Relevant Literature and Patents.--The Secretary shall provide 
information through the public database established under subsection (a) 
on relevant literature and patents that are associated with each 
research and development project contract, grant, or cooperative 
agreement, or other transaction, of the Department.
SEC. 106. <<NOTE: Reports. Recommenda- tions. 42 USC 18614.>>  
                        TECHNOLOGY TRANSFER AND TRANSITIONS 
                        ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, and 
as often as the Secretary determines to be necessary thereafter, the 
Secretary shall transmit to the appropriate committees of Congress a 
report that includes recommended changes to the policy of the Department 
and legislative changes to section 1001 of the Energy Policy Act of 2005 
(42 U.S.C. 16391) to improve the ability of the Department to 
successfully transfer new energy technologies to the private sector.
SEC. 107. <<NOTE: 42 USC 18615.>>  AGREEMENTS FOR COMMERCIALIZING 
                        TECHNOLOGY PILOT PROGRAM.

    (a) In General.--The Secretary shall carry out the Agreements for 
Commercializing Technology pilot program of the Department, as announced 
by the Secretary on December 8, 2011, in accordance with this section.
    (b) Terms.--Each agreement entered into pursuant to the pilot 
program referred to in subsection (a) shall provide to the contractor of 
the applicable National Laboratory, to the maximum extent determined to 
be appropriate by the Secretary, increased authority to

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negotiate contract terms, such as intellectual property rights, payment 
structures, performance guarantees, and multiparty collaborations.
    (c) Eligibility.--
            (1) In general.--Any director of a National Laboratory may 
        enter into an agreement pursuant to the pilot program referred 
        to in subsection (a).
            (2) Agreements with non-federal entities.--To carry out 
        paragraph (1) and subject to paragraph (3), the Secretary shall 
        permit the directors of the National Laboratories to execute 
        agreements with a non-Federal entity, including a non-Federal 
        entity already receiving Federal funding that will be used to 
        support activities under agreements executed pursuant to 
        paragraph (1), provided that such funding is solely used to 
        carry out the purposes of the Federal award.
            (3) Restriction <<NOTE: Applicability.>> .--The requirements 
        of chapter 18 of title 35, United States Code (commonly known as 
        the ``Bayh-Dole Act'') shall apply if--
                    (A) the agreement is a funding agreement (as that 
                term is defined in section 201 of that title); and
                    (B) at least one of the parties to the funding 
                agreement is eligible to receive rights under that 
                chapter.

    (d) Submission to Secretary.--Each affected director of a National 
Laboratory shall submit to the Secretary, with respect to each agreement 
entered into under this section--
            (1) <<NOTE: Summary.>>  a summary of information relating to 
        the relevant project;
            (2) <<NOTE: Cost estimate.>>  the total estimated costs of 
        the project;
            (3) <<NOTE: Timeframe estimate.>>  estimated commencement 
        and completion dates of the project; and
            (4) other documentation determined to be appropriate by the 
        Secretary.

    (e) Certification.--The Secretary shall require the contractor of 
the affected National Laboratory to certify that each activity carried 
out under a project for which an agreement is entered into under this 
section--
            (1) is not in direct competition with the private sector; 
        and
            (2) does not present, or minimizes, any apparent conflict of 
        interest, and avoids or neutralizes any actual conflict of 
        interest, as a result of the agreement under this section.

    (f) Extension.--The pilot program referred to in subsection (a) 
shall be extended until September 30, 2019.
    (g) <<NOTE: Coordination.>>  Reports.--
            (1) Overall assessment <<NOTE: Assessments.>> .--Not later 
        than 60 days after the date described in subsection (f), the 
        Secretary, in coordination with directors of the National 
        Laboratories, shall submit to the appropriate committees of 
        Congress a report that--
                    (A) assesses the overall effectiveness of the pilot 
                program referred to in subsection (a);
                    (B) identifies opportunities to improve the 
                effectiveness of the pilot program;
                    (C) assesses the potential for program activities to 
                interfere with the responsibilities of the National 
                Laboratories to the Department; and
                    (D) <<NOTE: Recommenda- tions.>>  provides a 
                recommendation regarding the future of the pilot 
                program.

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            (2) Transparency.--The Secretary, in coordination with 
        directors of the National Laboratories, shall submit to the 
        appropriate committees of Congress an annual report that 
        accounts for all incidences of, and provides a justification 
        for, non-Federal entities using funds derived from a Federal 
        contract or award to carry out agreements pursuant to this 
        section.
SEC. 108. SHORT-TERM COST-SHARE PILOT PROGRAM.

    (a) In General.--Section 988(b) of the Energy Policy Act of 2005 (42 
U.S.C. 16352(b)) is amended--
            (1) in paragraph (1), by striking ``Except as provided in 
        paragraphs (2) and (3)'' and inserting ``Except as provided in 
        paragraphs (2), (3), and (4)''; and
            (2) by adding at the end the following:
            ``(4) Exemption for institutions of higher education and 
        other nonprofit institutions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                a research or development activity performed by an 
                institution of higher education or nonprofit institution 
                (as defined in section 4 of the Stevenson-Wydler 
                Technology Innovation Act of 1980 (15 U.S.C. 3703)).
                    ``(B) Termination date. <<NOTE: Applicability. Time 
                period.>> --The exemption under subparagraph (A) shall 
                apply during the 2-year period beginning on the date of 
                enactment of this paragraph.''.

    (b) <<NOTE: Time periods.>>  Reports.--
            (1) Initial report.--As soon as practicable after the date 
        of enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report that describes the 
        use of cost-sharing waivers by the Department under section 
        988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)) 
        during the 2-year period ending on the date of enactment of this 
        Act.
            (2) Annual reports.--Annually during the 2-year period 
        beginning on the date of enactment of this Act, the Secretary 
        shall submit to the appropriate committees of Congress a report 
        that describes the use of cost-sharing waivers by the Department 
        under section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 
        16352(b)) during the period covered by the report.

  TITLE II <<NOTE: Department of Energy Research Coordination Act.>> --
DEPARTMENT OF ENERGY RESEARCH COORDINATION
SEC. 201. <<NOTE: 42 USC 18601 note.>>  SHORT TITLE.

    This title may be cited as the ``Department of Energy Research 
Coordination Act''.
SEC. 202. PROTECTION OF INFORMATION.

    Section 5012 of the America Competes Act (42 U.S.C. 16538) is 
amended--
            (1) in subsection (a)(3), by striking ``subsection (n)(1)'' 
        and inserting ``subsection (o)(1)'';
            (2) by redesignating subsection (n) as subsection (o); and
            (3) by inserting after subsection (m) the following:

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    ``(n) Protection of Information.--The following types of information 
collected by ARPA-E from recipients of financial assistance awards shall 
be considered commercial and financial information obtained from a 
person and privileged or confidential and not subject to disclosure 
under section 552(b)(4) of title 5, United States Code:
            ``(1) Plans for commercialization of technologies developed 
        under the award, including business plans, technology-to-market 
        plans, market studies, and cost and performance models.
            ``(2) Investments provided to an awardee from third parties 
        (such as venture capital firms, hedge funds, and private equity 
        firms), including amounts and the percentage of ownership of the 
        awardee provided in return for the investments.
            ``(3) Additional financial support that the awardee--
                    ``(A) plans to or has invested into the technology 
                developed under the award; or
                    ``(B) is seeking from third parties.
            ``(4) Revenue from the licensing or sale of new products or 
        services resulting from research conducted under the award.''.
SEC. 203. <<NOTE: 42 USC 18631.>>  CROSSCUTTING RESEARCH AND 
                        DEVELOPMENT.

    (a) In General.--The Secretary shall use the capabilities of the 
Department to identify strategic opportunities for collaborative 
research, development, demonstration, and commercial application of 
innovative science and technologies.
    (b) Existing Programs; Coordination of Activities.--To the maximum 
extent practicable, the Secretary shall seek--
            (1) to leverage existing programs of the Department; and
            (2) to consolidate and coordinate activities throughout the 
        Department to promote collaboration and crosscutting approaches 
        within programs of the Department.

    (c) Additional Actions.--The Secretary shall--
            (1) prioritize activities that use all affordable domestic 
        resources;
            (2) develop a planning, evaluation, and technical assessment 
        framework for setting objective long-term strategic goals and 
        evaluating progress that--
                    (A) ensures integrity and independence; and
                    (B) provides the flexibility to adapt to market 
                dynamics;
            (3) ensure that activities shall be undertaken in a manner 
        that does not duplicate other activities within the Department 
        or other Federal Government activities; and
            (4) identify programs that may be more effectively left to 
        the States, industry, nongovernmental organizations, 
        institutions of higher education, or other stakeholders.
SEC. 204. STRATEGIC RESEARCH PORTFOLIO ANALYSIS AND COORDINATION 
                        PLAN.

    The Energy Policy Act of 2005 is amended by striking section 994 (42 
U.S.C. 16358) and inserting the following:

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``SEC. 994. <<NOTE: 42 USC 16358.>>  STRATEGIC RESEARCH PORTFOLIO 
                        ANALYSIS AND COORDINATION PLAN.

    ``(a) In General.--The Secretary shall periodically review all of 
the science and technology activities of the Department in a strategic 
framework that takes into account--
            ``(1) the frontiers of science to which the Department can 
        contribute;
            ``(2) the national needs relevant to the statutory missions 
        of the Department; and
            ``(3) global energy dynamics.

    ``(b) Coordination Analysis and Plan.--
            ``(1) In general.--As part of the review under subsection 
        (a), the Secretary shall develop a plan to improve coordination 
        and collaboration in research, development, demonstration, and 
        commercial application activities across organizational 
        boundaries of the Department.
            ``(2) Plan contents.--The plan developed under paragraph (1) 
        shall describe--
                    ``(A) crosscutting scientific and technical issues 
                and research questions that span more than one program 
                or major office of the Department;
                    ``(B) ways in which the applied technology programs 
                of the Department are coordinating activities and 
                addressing the questions referred to in subparagraph 
                (A);
                    ``(C) ways in which the technical interchange within 
                the Department, particularly between the Office of 
                Science and the applied technology programs, could be 
                enhanced, including ways in which the research agendas 
                of the Office of Science and the applied programs could 
                better interact and assist each other;
                    ``(D) ways in which the Secretary would ensure that 
                the overall research agenda of the Department includes, 
                in addition to fundamental, curiosity-driven research, 
                fundamental research related to topics of concern to the 
                applied programs, and applications in Departmental 
                technology programs of research results generated by 
                fundamental, curiosity-driven research;
                    ``(E) <<NOTE: Assessments.>>  critical assessments 
                of any ongoing programs that have experienced subpar 
                performance or cost overruns of 10 percent or more over 
                1 or more years;
                    ``(F) any activities that may be more effectively 
                left to the States, industry, nongovernmental 
                organizations, institutions of higher education, or 
                other stakeholders; and
                    ``(G) <<NOTE: Evaluations. Proposals.>>  detailed 
                evaluations and proposals for innovation hubs, 
                institutes, and research centers of the Department, 
                including--
                          ``(i) an affirmation that the hubs, 
                      institutes, and research centers will--
                                    ``(I) advance the mission of the 
                                Department; and
                                    ``(II) prioritize research, 
                                development, and demonstration; and
                          ``(ii) an affirmation that any hubs, 
                      institutes, or research centers that are 
                      established or renewed within the Office of 
                      Science are consistent with the mission of the 
                      Office of Science described in subsection (c)

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                      of section 209 of the Department of Energy 
                      Organization Act (42 U.S.C. 7139).

    ``(c) Submission to Congress <<NOTE: Time period.>> .--Every 4 
years, the Secretary shall submit to Congress--
            ``(1) the results of the review under subsection (a); and
            ``(2) the coordination plan under subsection (b).''.
SEC. 205. STRATEGY FOR FACILITIES AND INFRASTRUCTURE.

    (a) Amendments.--Section 993 of the Energy Policy Act of 2005 (42 
U.S.C. 16357) is amended--
            (1) by striking the section heading and inserting the 
        following: ``strategy for facilities and infrastructure''; and
            (2) in subsection (b)(1), by striking ``2008'' and inserting 
        ``2018''.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Energy Policy Act of 2005 is amended by striking the item relating 
to section 993 and inserting the following:

``Sec. 993. Strategy for facilities and infrastructure.''.

SEC. 206 <<NOTE: 42 USC 18632.>> . ENERGY INNOVATION HUBS.

    (a) Definitions.--In this section:
            (1) Advanced energy technology.--The term ``advanced energy 
        technology'' means--
                    (A) an innovative technology--
                          (i) that produces energy from solar, wind, 
                      geothermal, biomass, tidal, wave, ocean, or other 
                      renewable energy resources;
                          (ii) that produces nuclear energy;
                          (iii) for carbon capture and sequestration;
                          (iv) that enables advanced vehicles, vehicle 
                      components, and related technologies that result 
                      in significant energy savings;
                          (v) that generates, transmits, distributes, 
                      uses, or stores energy more efficiently than 
                      conventional technologies, including through Smart 
                      Grid technologies; or
                          (vi) that enhances the energy independence and 
                      security of the United States by enabling improved 
                      or expanded supply and production of domestic 
                      energy resources, including coal, oil, and natural 
                      gas;
                    (B) a research, development, demonstration, or 
                commercial application activity necessary to ensure the 
                long-term, secure, and sustainable supply of an energy-
                critical element; or
                    (C) any other innovative energy technology area 
                identified by the Secretary.
            (2) Hub.--
                    (A) In general.--The term ``Hub'' means an Energy 
                Innovation Hub established under this section.
                    (B) Inclusion.--The term ``Hub'' includes any Energy 
                Innovation Hub in existence on the date of enactment of 
                this Act.
            (3) Qualifying entity.--The term ``qualifying entity'' 
        means--
                    (A) an institution of higher education;

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                    (B) an appropriate State or Federal entity, 
                including a federally funded research and development 
                center of the Department;
                    (C) a nongovernmental organization with expertise in 
                advanced energy technology research, development, 
                demonstration, or commercial application; or
                    (D) any other relevant entity the Secretary 
                determines appropriate.

    (b) Authorization of Program.--
            (1) In general.--The Secretary shall carry out a program to 
        enhance the economic, environmental, and energy security of the 
        United States by making awards to consortia for establishing and 
        operating hubs, to be known as ``Energy Innovation Hubs'', to 
        conduct and support, at, if practicable, one centralized 
        location, multidisciplinary, collaborative research, 
        development, demonstration, and commercial application of 
        advanced energy technologies.
            (2) <<NOTE: Designation.>>  Technology development focus.--
        The Secretary shall designate for each Hub a unique advanced 
        energy technology or basic research focus.
            (3) Coordination.--The Secretary shall ensure the 
        coordination of, and avoid unnecessary duplication of, the 
        activities of each Hub with the activities of--
                    (A) other research entities of the Department, 
                including the National Laboratories, the Advanced 
                Research Projects Agency--Energy, and Energy Frontier 
                Research Centers; and
                    (B) industry.

    (c) Application Process.--
            (1) Eligibility.--To be eligible to receive an award for the 
        establishment and operation of a Hub under subsection (b)(1), a 
        consortium shall--
                    (A) be composed of not fewer than two qualifying 
                entities;
                    (B) operate subject to a binding agreement, entered 
                into by each member of the consortium, that documents--
                          (i) the proposed partnership agreement, 
                      including the governance and management structure 
                      of the Hub;
                          (ii) measures the consortium will undertake to 
                      enable cost-effective implementation of activities 
                      under the program described in subsection (b)(1); 
                      and
                          (iii) a proposed budget, including financial 
                      contributions from non-Federal sources; and
                    (C) operate as a nonprofit organization.
            (2) Application.--
                    (A) In general.--A consortium seeking to establish 
                and operate a Hub under subsection (b)(1) shall submit 
                to the Secretary an application at such time, in such 
                manner, and containing such information as the Secretary 
                may require, including a detailed description of each 
                element of the consortium agreement required under 
                paragraph (1)(B).
                    (B) Requirement.--If the consortium members will not 
                be located at one centralized location, the application 
                under subparagraph (A) shall include a communications 
                plan that ensures close coordination and integration of 
                Hub activities.

[[Page 132 STAT. 3139]]

            (3) Selection.--
                    (A) In general.--The Secretary shall select 
                consortia for awards for the establishment and operation 
                of Hubs through a competitive selection process.
                    (B) Considerations.--In selecting consortia under 
                subparagraph (A), the Secretary shall consider--
                          (i) the information disclosed by the 
                      consortium under this subsection; and
                          (ii) any existing facilities a consortium will 
                      provide for Hub activities.

    (d) Term.--
            (1) In general.--An award made to a Hub under this section 
        shall be for a period of not more than 5 years, subject to the 
        availability of appropriations, after which the award may be 
        renewed, subject to a rigorous merit review.
            (2) Existing hubs.--A Hub already in existence on, or 
        undergoing a renewal process on, the date of enactment of this 
        Act--
                    (A) may continue to receive support during the 5-
                year period beginning on the date of establishment of 
                that Hub; and
                    (B) shall be eligible for renewal of that support at 
                the end of that 5-year period.

    (e) Hub Operations.--
            (1) In general.--Each Hub shall conduct or provide for 
        multidisciplinary, collaborative research, development, 
        demonstration, and commercial application of advanced energy 
        technologies within the technology development focus designated 
        under subsection (b)(2).
            (2) Activities.--Each Hub shall--
                    (A) encourage collaboration and communication among 
                the member qualifying entities of the consortium and 
                awardees;
                    (B) <<NOTE: Plans. Web posting.>>  develop and 
                publish proposed plans and programs on a publicly 
                accessible website;
                    (C) <<NOTE: Reports.>>  submit an annual report to 
                the Department summarizing the activities of the Hub, 
                including--
                          (i) detailing organizational expenditures; and
                          (ii) describing each project undertaken by the 
                      Hub; and
                    (D) monitor project implementation and coordination.
            (3) Conflicts of interest.--Each Hub shall maintain conflict 
        of interest procedures, consistent with the conflict of interest 
        procedures of the Department.
            (4) Prohibition on construction.--
                    (A) In general.--Except as provided in subparagraph 
                (B)--
                          (i) no funds provided under this section may 
                      be used for construction of new buildings or 
                      facilities for Hubs; and
                          (ii) construction of new buildings or 
                      facilities shall not be considered as part of the 
                      non-Federal share of a Hub cost-sharing agreement.
                    (B) Test bed and renovation exception.--Nothing in 
                this paragraph prohibits the use of funds provided under 
                this section or non-Federal cost share funds for the 
                construction of a test bed or renovations to existing

[[Page 132 STAT. 3140]]

                buildings or facilities for the purposes of research if 
                the Secretary determines that the test bed or 
                renovations are limited to a scope and scale necessary 
                for the research to be conducted.

    TITLE III <<NOTE: Department of Energy Office of Science Policy 
Act.>> --DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY
SEC. 301. <<NOTE: 42 USC 18601 note.>>  SHORT TITLE.

    This title may be cited as the ``Department of Energy Office of 
Science Policy Act''.
SEC. 302. MISSION.

    Section 209 of the Department of Energy Organization Act (42 U.S.C. 
7139) is amended by adding at the end the following:
    ``(c) Mission.--The mission of the Office of Science shall be the 
delivery of scientific discoveries, capabilities, and major scientific 
tools to transform the understanding of nature and to advance the 
energy, economic, and national security of the United States.''.
SEC. 303. BASIC ENERGY SCIENCES.

    (a) <<NOTE: 42 USC 18641.>>  Energy Frontier Research Centers.--
            (1) In general.--The Director shall carry out a program to 
        provide awards, on a competitive, merit-reviewed basis, to 
        multi-institutional collaborations or other appropriate entities 
        to conduct fundamental and use-inspired energy research to 
        accelerate scientific breakthroughs.
            (2) Collaborations.--A collaboration receiving an award 
        under this subsection may include multiple types of institutions 
        and private sector entities.
            (3) Selection and duration.--
                    (A) In general.--A collaboration under this 
                subsection shall be selected for a period of 4 years.
                    (B) Existing centers.--An Energy Frontier Research 
                Center in existence and supported by the Director on the 
                date of enactment of this Act may continue to receive 
                support for a period of 4 years beginning on the date of 
                establishment of that center.
                    (C) Reapplication.--After the end of the period 
                described in subparagraph (A) or (B), as applicable, a 
                recipient of an award may reapply for selection on a 
                competitive, merit-reviewed basis.
                    (D) Termination.--Consistent with the existing 
                authorities of the Department, the Director may 
                terminate an underperforming center for cause during the 
                performance period.
            (4) No funding for construction.--No funding provided 
        pursuant to this subsection may be used for the construction of 
        new buildings or facilities.

    (b) <<NOTE: 42 USC 18641.>>  Basic Energy Sciences User 
Facilities.--
            (1) In general.--The Director shall carry out a program for 
        the development, construction, operation, and maintenance of 
        national user facilities.
            (2) Requirements.--To the maximum extent practicable, the 
        national user facilities developed, constructed, operated,

[[Page 132 STAT. 3141]]

        or maintained under paragraph (1) shall serve the needs of the 
        Department, industry, the academic community, and other relevant 
        entities to create and examine materials and chemical processes 
        for the purpose of improving the competitiveness of the United 
        States.
            (3) Included facilities.--The national user facilities 
        developed, constructed, operated, or maintained under paragraph 
        (1) shall include--
                    (A) x-ray light sources;
                    (B) neutron sources;
                    (C) nanoscale science research centers; and
                    (D) such other facilities as the Director considers 
                appropriate, consistent with section 209 of the 
                Department of Energy Organization Act (42 U.S.C. 7139).

    (c) Accelerator Research and Development <<NOTE: Consultation. 42 
USC 18641.>> .--The Director shall carry out research and development on 
advanced accelerator and storage ring technologies relevant to the 
development of basic energy sciences user facilities, in consultation 
with the High Energy Physics and Nuclear Physics programs of the Office 
of Science.

    (d) Solar Fuels Research Initiative.--
            (1) In general.--Section 973 of the Energy Policy Act of 
        2005 (42 U.S.C. 16313) is amended to read as follows:
``SEC. 973. SOLAR FUELS RESEARCH INITIATIVE.

    ``(a) Initiative.--
            ``(1) In general.--The Secretary shall carry out a research 
        initiative, to be known as the `Solar Fuels Research Initiative' 
        (referred to in this section as the `Initiative') to expand 
        theoretical and fundamental knowledge of photochemistry, 
        electrochemistry, biochemistry, and materials science useful for 
        the practical development of experimental systems to convert 
        solar energy to chemical energy.
            ``(2) Leveraging.--In carrying out programs and activities 
        under the Initiative, the Secretary shall leverage expertise and 
        resources from--
                    ``(A) the Basic Energy Sciences Program and the 
                Biological and Environmental Research Program of the 
                Office of Science; and
                    ``(B) the Office of Energy Efficiency and Renewable 
                Energy.
            ``(3) Teams.--
                    ``(A) In general.--In carrying out the Initiative, 
                the Secretary shall organize activities among 
                multidisciplinary teams to leverage, to the maximum 
                extent practicable, expertise from the National 
                Laboratories, institutions of higher education, and the 
                private sector.
                    ``(B) Goals.--The multidisciplinary teams described 
                in subparagraph (A) shall pursue aggressive, milestone-
                driven, basic research goals.
                    ``(C) Resources.--The Secretary shall provide 
                sufficient resources to the multidisciplinary teams 
                described in subparagraph (A) to achieve the goals 
                described in subparagraph (B) over a period of time to 
                be determined by the Secretary.
            ``(4) Additional activities.--The Secretary may organize 
        additional activities under this subsection through Energy

[[Page 132 STAT. 3142]]

        Frontier Research Centers, Energy Innovation Hubs, or other 
        organizational structures.

    ``(b) Artificial Photosynthesis.--
            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research needed to bridge 
        scientific barriers to, and discover knowledge relevant to, 
        artificial photosynthetic systems.
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--
                    ``(A) the Director of the Office of Basic Energy 
                Sciences shall support basic research to pursue distinct 
                lines of scientific inquiry, including--
                          ``(i) photoinduced production of hydrogen and 
                      oxygen from water; and
                          ``(ii) the sustainable photoinduced reduction 
                      of carbon dioxide to fuel products including 
                      hydrocarbons, alcohols, carbon monoxide, and 
                      natural gas; and
                    ``(B) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.
            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.

    ``(c) Biochemistry, Replication of Natural Photosynthesis, and 
Related Processes.--
            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research needed to replicate 
        natural photosynthetic processes by use of artificial 
        photosynthetic components and materials.
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--
                    ``(A) the Director of the Office of Basic Energy 
                Sciences shall support basic research to expand 
                fundamental knowledge to replicate natural synthesis 
                processes, including--
                          ``(i) the photoinduced reduction of dinitrogen 
                      to ammonia;
                          ``(ii) the absorption of carbon dioxide from 
                      ambient air;
                          ``(iii) molecular-based charge separation and 
                      storage;
                          ``(iv) photoinitiated electron transfer; and
                          ``(v) catalysis in biological or biomimetic 
                      systems;
                    ``(B) the Associate Director of Biological and 
                Environmental Research shall support systems biology and 
                genomics approaches to understand genetic and 
                physiological pathways connected to photosynthetic 
                mechanisms; and
                    ``(C) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.

[[Page 132 STAT. 3143]]

            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.''.
            (2) Conforming amendment.--The table of contents for the 
        Energy Policy Act of 2005 is amended by striking the item 
        relating to section 973 and inserting the following:

``Sec. 973. Solar fuels research initiative.''.

    (e) Electricity Storage Research Initiative.--
            (1) In general.--Section 975 of the Energy Policy Act of 
        2005 (42 U.S.C. 16315) is amended to read as follows:
``SEC. 975. ELECTRICITY STORAGE RESEARCH INITIATIVE.

    ``(a) Initiative.--
            ``(1) In general.--The Secretary shall carry out a research 
        initiative, to be known as the `Electricity Storage Research 
        Initiative' (referred to in this section as the `Initiative')--
                    ``(A) to expand theoretical and fundamental 
                knowledge to control, store, and convert--
                          ``(i) electrical energy to chemical energy; 
                      and
                          ``(ii) chemical energy to electrical energy; 
                      and
                    ``(B) to support scientific inquiry into the 
                practical understanding of chemical and physical 
                processes that occur within systems involving 
                crystalline and amorphous solids, polymers, and organic 
                and aqueous liquids.
            ``(2) Leveraging.--In carrying out programs and activities 
        under the Initiative, the Secretary shall leverage expertise and 
        resources from--
                    ``(A) the Basic Energy Sciences Program, the 
                Advanced Scientific Computing Research Program, and the 
                Biological and Environmental Research Program of the 
                Office of Science; and
                    ``(B) the Office of Energy Efficiency and Renewable 
                Energy.
            ``(3) Teams.--
                    ``(A) In general.--In carrying out the Initiative, 
                the Secretary shall organize activities among 
                multidisciplinary teams to leverage, to the maximum 
                extent practicable, expertise from the National 
                Laboratories, institutions of higher education, and the 
                private sector.
                    ``(B) Goals.--The multidisciplinary teams described 
                in subparagraph (A) shall pursue aggressive, milestone-
                driven, basic research goals.
                    ``(C) Resources.--The Secretary shall provide 
                sufficient resources to the multidisciplinary teams 
                described in subparagraph (A) to achieve the goals 
                described in subparagraph (B) over a period of time to 
                be determined by the Secretary.
            ``(4) Additional activities.--The Secretary may organize 
        additional activities under this subsection through Energy 
        Frontier Research Centers, Energy Innovation Hubs, or other 
        organizational structures.

    ``(b) Multivalent Systems.--

[[Page 132 STAT. 3144]]

            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research needed to bridge 
        scientific barriers to, and discover knowledge relevant to, 
        multivalent ion materials in electric energy storage systems.
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--
                    ``(A) the Director of the Office of Basic Energy 
                Sciences shall investigate electrochemical properties 
                and the dynamics of materials, including charge transfer 
                phenomena and mass transport in materials; and
                    ``(B) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.
            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.

    ``(c) Electrochemistry Modeling and Simulation.--
            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research to model and simulate 
        organic electrolytes, including the static and dynamic 
        electrochemical behavior and phenomena of organic electrolytes 
        at the molecular and atomic level in monovalent and multivalent 
        systems.
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--
                    ``(A) <<NOTE: Coordination.>>  the Director of the 
                Office of Basic Energy Sciences, in coordination with 
                the Associate Director of Advanced Scientific Computing 
                Research, shall support the development of high 
                performance computational tools through a joint 
                development process to maximize the effectiveness of 
                current and projected high performance computing 
                systems; and
                    ``(B) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.
            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.

    ``(d) Mesoscale Electrochemistry.--
            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research needed to reveal 
        electrochemistry in confined mesoscale spaces, including 
        scientific discoveries relevant to--
                    ``(A) bio-electrochemistry and electrochemical 
                energy conversion and storage in confined spaces; and
                    ``(B) the dynamics of the phenomena described in 
                subparagraph (A).
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--

[[Page 132 STAT. 3145]]

                    ``(A) the Director of the Office of Basic Energy 
                Sciences and the Associate Director of Biological and 
                Environmental Research shall investigate phenomena of 
                mesoscale electrochemical confinement for the purpose of 
                replicating and controlling new electrochemical 
                behavior; and
                    ``(B) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.
            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.''.
            (2) Conforming amendment.--The table of contents for the 
        Energy Policy Act of 2005 is amended by striking the item 
        relating to section 975 and inserting the following:

``Sec. 975. Electricity storage research initiative.''.

SEC. 304. <<NOTE: 42 USC 18642.>>  ADVANCED SCIENTIFIC COMPUTING 
                        RESEARCH.

    (a) American Super Computing Leadership.--
            (1) Renaming of act.--
                    (A) In general.--Section 1 of the Department of 
                Energy High-End Computing Revitalization Act of 2004 (15 
                U.S.C. 5501 note; Public Law 108-423) is amended by 
                striking ``Department of Energy High-End Computing 
                Revitalization Act of 2004'' and inserting ``American 
                Super Computing Leadership Act of 2017''.
                    (B) Conforming amendment.--Section 976(a)(1) of the 
                Energy Policy Act of 2005 (42 U.S.C. 16316(1)) is 
                amended by striking ``Department of Energy High-End 
                Computing Revitalization Act of 2004'' and inserting 
                ``American Super Computing Leadership Act of 2017''.
            (2) Definitions.--Section 2 of the American Super Computing 
        Leadership Act of 2017 (15 U.S.C. 5541) is amended--
                    (A) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively;
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Department.--The term `Department' means the 
        Department of Energy.
            ``(2) Exascale computing.--The term `exascale computing' 
        means computing through the use of a computing machine that 
        performs near or above 10 to the 18th power operations per 
        second.''; and
                    (C) in paragraph (6) (as redesignated by 
                subparagraph (A)), by striking ``, acting through the 
                Director of the Office of Science of the Department of 
                Energy''.
            (3) Department of energy high-end computing research and 
        development program.--Section 3 of the American Super Computing 
        Leadership Act of 2017 (15 U.S.C. 5542) is amended--
                    (A) in subsection (a)(1), by striking ``program'' 
                and inserting ``coordinated program across the 
                Department'';
                    (B) in subsection (b)(2), by striking ``, which 
                may'' and all that follows through ``architectures''; 
                and

[[Page 132 STAT. 3146]]

                    (C) by striking subsection (d) and inserting the 
                following:

    ``(d) Exascale Computing Program.--
            ``(1) In general.--The Secretary shall conduct a research 
        program (referred to in this subsection as the `Program') for 
        exascale computing, including the development of two or more 
        exascale computing machine architectures, to promote the 
        missions of the Department.
            ``(2) Execution.--
                    ``(A) In general.--In carrying out the Program, the 
                Secretary shall--
                          ``(i) establish two or more National 
                      Laboratory partnerships with industry partners and 
                      institutions of higher education for the research 
                      and development of two or more exascale computing 
                      architectures across all applicable organizations 
                      of the Department;
                          ``(ii) conduct mission-related codesign 
                      activities in developing the exascale computing 
                      architectures under clause (i);
                          ``(iii) develop such advancements in hardware 
                      and software technology as are required to fully 
                      realize the potential of an exascale production 
                      system in addressing Department target 
                      applications and solving scientific problems 
                      involving predictive modeling and simulation and 
                      large scale data analytics and management;
                          ``(iv) explore the use of exascale computing 
                      technologies to advance a broad range of science 
                      and engineering; and
                          ``(v) provide, as appropriate, on a 
                      competitive, merit-reviewed basis, access for 
                      researchers in industries in the United States, 
                      institutions of higher education, National 
                      Laboratories, and other Federal agencies to the 
                      exascale computing systems developed pursuant to 
                      clause (i).
                    ``(B) Selection of partners.--The Secretary shall 
                select the partnerships with the computing facilities of 
                the Department under subparagraph (A) through a 
                competitive, peer-review process.
            ``(3) Codesign and application development.--
                    ``(A) In general.--The Secretary shall--
                          ``(i) carry out the Program through an 
                      integration of applications, computer science, 
                      applied mathematics, and computer hardware 
                      architecture using the partnerships established 
                      pursuant to paragraph (2) to ensure that, to the 
                      maximum extent practicable, two or more exascale 
                      computing machine architectures are capable of 
                      solving Department target applications and broader 
                      scientific problems, including predictive modeling 
                      and simulation and large scale data analytics and 
                      management; and
                          ``(ii) conduct outreach programs to increase 
                      the readiness for the use of such platforms by 
                      domestic industries, including manufacturers.
                    ``(B) Report.--The Secretary shall submit to 
                Congress a report describing--

[[Page 132 STAT. 3147]]

                          ``(i) how the integration under subparagraph 
                      (A) is furthering application science data and 
                      computational workloads across application 
                      interests, including national security, material 
                      science, physical science, cybersecurity, 
                      biological science, the Materials Genome and BRAIN 
                      Initiatives of the President, advanced 
                      manufacturing, and the national electric grid; and
                          ``(ii) the roles and responsibilities of 
                      National Laboratories and industry, including the 
                      definition of the roles and responsibilities 
                      within the Department to ensure an integrated 
                      program across the Department.
            ``(4) Project review.--
                    ``(A) In general.--The exascale architectures 
                developed pursuant to partnerships established pursuant 
                to paragraph (2) shall be reviewed through a project 
                review process.
                    ``(B) Report.--Not later than 90 days after the date 
                of enactment of this subsection, the Secretary shall 
                submit to Congress a report on--
                          ``(i) the results of the review conducted 
                      under subparagraph (A); and
                          ``(ii) the coordination and management of the 
                      Program to ensure an integrated research program 
                      across the Department.
            ``(5) Annual reports. <<NOTE: Consultation.>> --At the time 
        of the budget submission of the Department for each fiscal year, 
        the Secretary, in consultation with the members of the 
        partnerships established pursuant to paragraph (2), shall submit 
        to Congress a report that describes funding for the Program as a 
        whole by functional element of the Department and critical 
        milestones.''.

    (b) High-Performance Computing and Networking Research.--The 
Director shall support research in high-performance computing and 
networking relevant to energy applications, including modeling, 
simulation, and advanced data analytics for basic and applied energy 
research programs carried out by the Secretary.
    (c) Applied Mathematics and Software Development for High-End 
Computing Systems.--The Director shall carry out activities to develop, 
test, and support--
            (1) mathematics, models, and algorithms for complex systems 
        and programming environments; and
            (2) tools, languages, and operating systems for high-end 
        computing systems (as defined in section 2 of the American Super 
        Computing Leadership Act of 2017 (15 U.S.C. 5541)).
SEC. 305. <<NOTE: 42 USC 18643.>>  HIGH-ENERGY PHYSICS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Director should incorporate the findings and 
        recommendations of the report of the Particle Physics Project 
        Prioritization Panel entitled ``Building for Discovery: 
        Strategic Plan for U.S. Particle Physics in the Global Context'' 
        into the planning process of the Department; and
            (2) the nations that lead in particle physics by hosting 
        international teams dedicated to a common scientific goal 
        attract the world's best talent and inspire future generations 
        of physicists and technologists.

[[Page 132 STAT. 3148]]

    (b) International Collaboration.--The Director, as practicable and 
in coordination with other appropriate Federal agencies as necessary, 
shall ensure the access of United States researchers to the most 
advanced accelerator facilities and research capabilities in the world, 
including the Large Hadron Collider.
    (c) Neutrino Research.--The Director shall carry out research 
activities on rare decay processes and the nature of the neutrino, which 
may include collaborations with the National Science Foundation or 
international collaborations.
    (d) Dark Energy and Dark Matter Research.--The Director shall carry 
out research activities on the nature of dark energy and dark matter, 
which may include collaborations with the National Aeronautics and Space 
Administration or the National Science Foundation; or international 
collaborations.
SEC. 306. <<NOTE: 42 USC 18644.>>  BIOLOGICAL AND ENVIRONMENTAL 
                        RESEARCH.

    (a) Biological Systems.--The Director shall carry out research and 
development activities in fundamental, structural, computational, and 
systems biology to increase systems-level understanding of the complex 
biological systems, which may include activities--
            (1) to accelerate breakthroughs and new knowledge that would 
        enable the cost-effective, sustainable production of--
                    (A) biomass-based liquid transportation fuels;
                    (B) bioenergy; and
                    (C) biobased materials;
            (2) to improve understanding of the global carbon cycle, 
        including processes for removing carbon dioxide from the 
        atmosphere, through photosynthesis and other biological 
        processes, for sequestration and storage; and
            (3) to understand the biological mechanisms used to 
        transform, immobilize, or remove contaminants from subsurface 
        environments.

    (b) Limitation for Research Funds.--The Director shall not approve 
new climate science-related initiatives without making a determination 
that such work is well-coordinated with any relevant work carried out by 
other Federal agencies.
    (c) Low-Dose Radiation Research Program.--
            (1) In general.--The Director shall carry out a research 
        program on low-dose radiation.
            (2) Purpose.--The purpose of the program is to enhance the 
        scientific understanding of, and reduce uncertainties associated 
        with, the effects of exposure to low-dose radiation to inform 
        improved risk-management methods.
SEC. 307. <<NOTE: 42 USC 18645.>>  FUSION ENERGY.

    (a) Fusion Materials Research and Development.--As part of the 
activities authorized in section 978 of the Energy Policy Act of 2005 
(42 U.S.C. 16318)--
            (1) <<NOTE: Coordination.>>  the Director, in coordination 
        with the Assistant Secretary for Nuclear Energy of the 
        Department, shall carry out research and development activities 
        to identify, characterize, and demonstrate materials that can 
        endure the neutron, plasma, and heat fluxes expected in a fusion 
        power system; and
            (2) <<NOTE: Assessment.>>  the Director shall provide an 
        assessment of--

[[Page 132 STAT. 3149]]

                    (A) the need for one or more facilities that can 
                examine and test potential fusion and next generation 
                fission materials and other enabling technologies 
                relevant to the development of fusion power; and
                    (B) whether a single new facility that substantially 
                addresses magnetic fusion and next generation fission 
                materials research needs is feasible, in conjunction 
                with the expected capabilities of facilities operational 
                as of the date of enactment of this Act.

    (b) Tokamak Research and Development.--The Director shall support 
research and development activities and facility operations to optimize 
the tokamak approach to fusion energy.
    (c) Inertial Fusion Energy Research and Development.--The Director 
shall support research and development activities for inertial fusion 
for energy applications.
    (d) Alternative and Enabling Concepts.--The Director shall support 
research and development activities and facility operations at 
institutions of higher education, National Laboratories, and private 
facilities in the United States for a portfolio of alternative and 
enabling fusion energy concepts that may provide solutions to 
significant challenges to the establishment of a commercial magnetic 
fusion power plant, prioritized based on the ability of the United 
States to play a leadership role in the international fusion research 
community.
    (e) Coordination With ARPA-E.--The Director shall coordinate with 
the Director of the Advanced Research Projects Agency-Energy (referred 
to in this subsection as ``ARPA-E'') to--
            (1) assess the potential for any fusion energy project 
        supported by ARPA-E to represent a promising approach to a 
        commercially viable fusion power plant;
            (2) determine whether the results of any fusion energy 
        project supported by ARPA-E merit the support of follow-on 
        research activities carried out by the Office of Science; and
            (3) avoid the unintentional duplication of activities.

    (f) Fairness in Competition for Solicitations for International 
Project Activities. <<NOTE: Definition.>> --Section 33 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2053) is amended by inserting before the 
first sentence the following: ``In this section, with respect to 
international research projects, the term `private facilities or 
laboratories' means facilities or laboratories located in the United 
States.''.

    (g) Identification of Priorities.--
            (1) Report.--
                    (A) In general <<NOTE: Time period.>> .--Not later 
                than 2 years after the date of enactment of this Act, 
                the Secretary shall submit to Congress a report on the 
                fusion energy research and development activities that 
                the Department proposes to carry out over the 10-year 
                period following the date of the report under not fewer 
                than 3 realistic budget scenarios, including a scenario 
                based on 3-percent annual growth in the non-ITER portion 
                of the budget for fusion energy research and development 
                activities.
                    (B) Inclusions.--The report required under 
                subparagraph (A) shall--
                          (i) identify specific areas of fusion energy 
                      research and enabling technology development in 
                      which the United States can and should establish 
                      or solidify a lead in the global fusion energy 
                      development effort;

[[Page 132 STAT. 3150]]

                          (ii) identify priorities for initiation of 
                      facility construction and facility decommissioning 
                      under each of the three budget scenarios described 
                      in subparagraph (A); and
                          (iii) assess the ability of the fusion 
                      workforce of the United States to carry out the 
                      activities identified under clauses (i) and (ii), 
                      including the adequacy of programs at institutions 
                      of higher education in the United States to train 
                      the leaders and workers of the next generation of 
                      fusion energy researchers.
            (2) Process.--In order to develop the report required under 
        paragraph (1)(A), the Secretary shall leverage best practices 
        and lessons learned from the process used to develop the most 
        recent report of the Particle Physics Project Prioritization 
        Panel of the High Energy Physics Advisory Panel.
            (3) Requirement.--No member of the Fusion Energy Sciences 
        Advisory Committee shall be excluded from participating in 
        developing or voting on final approval of the report required 
        under paragraph (1)(A).
SEC. 308. <<NOTE: 42 USC 18646.>>  NUCLEAR PHYSICS.

    (a) Isotope Development and Production for Research Applications.--
The Director--
            (1) may carry out a program for the production of isotopes, 
        including the development of techniques to produce isotopes, 
        that the Secretary determines are needed for research, medical, 
        industrial, or related purposes; and
            (2) shall ensure that isotope production activities carried 
        out under the program under this paragraph do not compete with 
        private industry unless the Director determines that critical 
        national interests require the involvement of the Federal 
        Government.

    (b) Renaming of the Rare Isotope Accelerator.--Section 981 of the 
Energy Policy Act of 2005 (42 U.S.C. 16321) is amended--
            (1) in the section heading, by striking ``rare isotope 
        accelerator'' and inserting ``facility for rare isotope beams''; 
        and
            (2) by striking ``Rare Isotope Accelerator'' each place it 
        appears and inserting ``Facility for Rare Isotope Beams''.
SEC. 309. <<NOTE: 42 USC 18647.>>  SCIENCE LABORATORIES 
                        INFRASTRUCTURE PROGRAM.

    (a) In General.--The Director shall carry out a program to improve 
the safety, efficiency, and mission readiness of infrastructure at 
laboratories of the Office of Science.
    (b) Inclusions.--The program under subsection (a) shall include 
projects--
            (1) to renovate or replace space that does not meet research 
        needs;
            (2) to replace facilities that are no longer cost effective 
        to renovate or operate;
            (3) to modernize utility systems to prevent failures and 
        ensure efficiency;
            (4) to remove excess facilities to allow safe and efficient 
        operations; and

[[Page 132 STAT. 3151]]

            (5) to construct modern facilities to conduct advanced 
        research in controlled environmental conditions.

    Approved September 28, 2018.

LEGISLATIVE HISTORY--H.R. 589 (S. 1460) (S. 2503):
---------------------------------------------------------------------------

SENATE REPORTS: Nos. 115-242 and 115-241, accompanying S. 2503, (both 
from Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 163 (2017):
                                    Jan. 24, considered and passed 
                                        House.
                                                        Vol. 164 (2018):
                                    July 23, considered and passed 
                                        Senate, amended.
                                    Sept. 13, House concurred in Senate 
                                        amendment.

                                  <all>