§ 18601. Definitions

In this chapter:

• (1) The term “Department” means the Department of Energy.
• (2) The term “Director” means the Director of the Office of Science of the Department, except as otherwise indicated.
• (3) The term “National Laboratory” has the meaning given that term in section 15801 of this title .
• (4) The term “Secretary” means the Secretary of Energy.

§ 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, 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.

§ 18612. Restoration of laboratory directed research and development program

• (a) 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) 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.

§ 18613. Research grants database

• (a) 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) 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) 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.

§ 18614. Technology transfer and transitions assessment

Not later than 1 year after September 28, 2018 , 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 16391 of this title to improve the ability of the Department to successfully transfer new energy technologies to the private sector.

§ 18615. Agreements for commercializing technology pilot program

• (a) 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) 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)
  • (1) Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a).
  • (2) 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) The requirements of chapter 18 of title 35 (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) 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) 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) The pilot program referred to in subsection (a) shall be extended until September 30, 2019 .
• (g)
  • (1) 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) 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.

§ 18631. Crosscutting research and development

• (a) 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) 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) 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.

§ 18632. Energy Innovation Hubs

• (a) In this section:
  • (1) 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)
    • (A) The term “Hub” means an Energy Innovation Hub established under this section.
    • (B) The term “Hub” includes any Energy Innovation Hub in existence on September 28, 2018 .
  • (3) 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)
  • (1) 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) The Secretary shall designate for each Hub a unique advanced energy technology or basic research focus.
  • (3) 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)
  • (1) 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)
    • (A) 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) 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)
    • (A) The Secretary shall select consortia for awards for the establishment and operation of Hubs through a competitive selection process.
    • (B) 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)
  • (1) 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) A Hub already in existence on, or undergoing a renewal process on, September 28, 2018 —
    • (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)
  • (1) 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) 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) Each Hub shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department.
  • (4)
    • (A) 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) 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.

§ 18641. Basic energy sciences

• (a)
  • (1) 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) A collaboration receiving an award under this subsection may include multiple types of institutions and private sector entities.
  • (3)
    • (A) A collaboration under this subsection shall be selected for a period of 4 years.
    • (B) An Energy Frontier Research Center in existence and supported by the Director on September 28, 2018 , may continue to receive support for a period of 4 years beginning on the date of establishment of that center.
    • (C) 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) Consistent with the existing authorities of the Department, the Director may terminate an underperforming center for cause during the performance period.
  • (4) No funding provided pursuant to this subsection may be used for the construction of new buildings or facilities.
• (b)
  • (1) The Director shall carry out a program for the development, construction, operation, and maintenance of national user facilities.
  • (2) 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) 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 7139 of this title .
• (c) 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.

§ 18642. Advanced scientific computing research

• (a)
• (b) 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) 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 5541 of title 15 ).

§ 18643. High-energy physics

• (a) 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) 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) 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) 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.

§ 18644. Biological and environmental research

• (a) 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) 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)
  • (1) The Director shall carry out a research program on low-dose radiation.
  • (2) 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.

§ 18645. Fusion energy

• (a) As part of the activities authorized in section 16318 of this title —
  • (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 September 28, 2018 .
• (b) The Director shall support research and development activities and facility operations to optimize the tokamak approach to fusion energy.
• (c) The Director shall support research and development activities for inertial fusion for energy applications.
• (d) 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) 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)
• (g)
  • (1)
    • (A) Not later than 2 years after September 28, 2018 , 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) 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) 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) 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).

§ 18646. 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.

§ 18647. Science laboratories infrastructure program

• (a) 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) 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.