59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–680 

SOLAR FUELS INNOVATION ACT 

JULY 11, 2016.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SMITH of Texas, from the Committee on Science, Space, and 

Technology, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 5638] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science, Space, and Technology, to whom was 

referred the bill (H.R. 5638) to provide for the establishment at the 

Department of Energy of a Solar Fuels Basic Research Initiative, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 3 

Section-by-Section .................................................................................................... 4 

Explanation of Amendments ................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Application of Law to the Legislative Branch ....................................................... 4 

Statement of Oversight Findings and Recommendations of the Committee ...... 4 

Statement of General Performance Goals and Objectives .................................... 5 

Duplication of Federal Programs ............................................................................ 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Advisory Committee Act ............................................................................ 5 

Unfunded Mandate Statement ............................................................................... 5 

Earmark Identification ............................................................................................ 5 

New Budget Authority and Tax Expenditures ...................................................... 5 

Congressional Budget Office Cost Estimate .......................................................... 5 

Changes in Existing Law Made by the Bill as Reported ...................................... 6 

Minority Views ......................................................................................................... 10 

The amendment is as follows: 


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Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Solar Fuels Innovation Act’’. 

SEC. 2. SOLAR FUELS BASIC RESEARCH INITIATIVE. 

(a) AMENDMENT.—Section 973 of the Energy Policy Act of 2005 (42 U.S.C. 16313) 

is amended to read as follows: 

‘‘SEC. 973. SOLAR FUELS BASIC RESEARCH INITIATIVE. 

‘‘(a) INITIATIVE.— ‘‘(1) IN GENERAL.—The Secretary shall carry out a research initiative, to be 

known as the Solar Fuels Basic Research 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.—The Secretary shall leverage expertise and resources from 

the Basic Energy Sciences Program and Biological and Environmental Research 

Program within the Office of Science, and the Office of Energy Efficiency and 

Renewable Energy, as provided under subsections (b) and (c). 

‘‘(3) TEAMS.—The Secretary shall organize activities under the Solar Fuels 

Basic Research Initiative to include multidisciplinary teams leveraging expertise from the National Laboratories, universities, and the private sector to the 

extent practicable. These multidisciplinary teams shall pursue aggressive, milestone-driven basic research goals. The Secretary shall provide sufficient resources for those teams to achieve those goals over a period of time to be determined by the Secretary. 

‘‘(4) ADDITIONAL ACTIVITIES.—The Secretary is authorized to organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures. 

‘‘(b) ARTIFICIAL PHOTOSYNTHESIS.— ‘‘(1) IN GENERAL.—The Secretary shall, as part of the Solar Fuels Basic Research Initiative, carry out a program to support research needed to bridge scientific barriers and discover knowledge relevant to artificial photosynthetic systems. In carrying out activities under this subsection, the Director of the Office 

of Basic Energy Sciences shall support basic research to pursue distinct lines 

of scientific inquiry, including photoinduced production of hydrogen and oxygen 

from water, and the sustainable photoinduced reduction of carbon dioxide to 

fuel products including hydrocarbons, alcohols, carbon monoxide, and natural 

gas. The Assistant Secretary for Energy Efficiency and Renewable Energy shall 

support translational research, development, and validation of physical concepts 

developed under this subsection. 

‘‘(2) STANDARD OF REVIEW.—The Secretary shall review the program activities 

under this subsection to determine the achievement of technical milestones. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(A) AUTHORIZATION.—Subject to subsection (d), there are authorized for 

carrying out activities under this subsection for each of fiscal years 2017 

through 2020— 

‘‘(i) $50,000,000 from funds within the Basic Energy Sciences Program account; and 

‘‘(ii) $25,000,000 from funds within the Energy Efficiency and Renewable Energy account. 

‘‘(B) PROHIBITION.—No funds authorized under this subsection 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, as part of the Solar Fuels Basic Research Initiative, carry out a program to support research needed to replicate 

natural photosynthetic processes by use of artificial photosynthetic components 

and materials. In carrying out activities under this subsection, the Director of 

the Office of Basic Energy Sciences shall support basic research to expand fundamental knowledge to replicate natural synthesis processes, including the 

photoinduced reduction of dinitrogen to ammonia, absorption of carbon dioxide 

from ambient air, molecular-based charge separation and storage, photoinitiated 

electron transfer, and catalysis in biological or biomimetic systems. 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. The Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under this subsection. 


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‘‘(2) STANDARD OF REVIEW.—The Secretary shall review the program activities 

under this subsection to determine the achievement of technical milestones. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(A) AUTHORIZATION.—Subject to subsection (d), there are authorized for 

carrying out activities under this subsection for each of fiscal years 2017 

through 2020— 

‘‘(i) $50,000,000 from funds within the Basic Energy Sciences Program and Biological and Environmental Research Program accounts; 

and 

‘‘(ii) $25,000,000 from funds within the Energy Efficiency and Renewable Energy account. 

‘‘(B) PROHIBITION.—No funds authorized under this subsection may be obligated or expended for commercial application of energy technology. 

‘‘(d) FUNDING.—No additional funds are authorized to be appropriated under this 

section. This section shall be carried out using funds otherwise authorized by law.’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The item relating to section 973 in the 

table of contents of such Act is amended to read as follows: 

‘‘Sec. 973. Solar Fuels Basic Research Initiative.’’. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

This legislation replaces Section 973 (Catalysis Research Program) of Title IX of the Energy Policy Act of 2005 (42 U.S.C. 

16313) with new policy direction and program authority for the Department of Energy’s (DOE’s) Office of Science. Section 973 will 

now direct DOE to prioritize basic research in chemistry and materials science relevant to experimental solar fuels systems by establishing a solar fuels basic research initiative. 

LEGISLATIVE HISTORY

On June 15, 2016, the Energy Subcommittee of the Committee 

on Science, Space, and Technology held a hearing entitled ‘‘Innovation in Solar Fuels, Electricity Storage, and Advanced Materials,’’ 

which explored opportunities in basic and early stage research for 

experimental solar fuels systems. 

On June 17, 2015, the Energy Subcommittee of the Committee 

on Science, Space, and Technology held a hearing entitled, ‘‘Department of Energy Oversight: Energy Innovation Hubs,’’ which scrutinized the effectiveness of the DOE’s model for energy innovation 

through the leveraging of expertise from the DOE laboratories, universities, and the private sector. 

COMMITTEE VIEWS

Under this Act, the DOE will organize its basic research efforts 

to advance artificial photosynthesis, photosynthesis replication, and 

related processes to produce chemical energy, otherwise known as 

solar fuels, under the new Solar Fuels Basic Research Initiative 

(the Initiative). The Initiative provides direction for the DOE Office 

of Science to concentrate its approach to solar fuels through basic 

research carried out by multidisciplinary teams. The Initiative may 

leverage established organizational structures, including energy 

frontier research centers and DOE’s Energy Innovation Hub on 

fuels from sunlight, known as the Joint Center for Artificial Photosynthesis. The Committee encourages DOE to consider new mechanisms to efficiently make accessible the milestone driven research 

that will result from this initiative in order to most effectively engage with the research community. 


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The Initiative also provides authority for a seamless transition 

from basic research to applied research and development. Once the 

Office of Science makes the determination that its work has met 

the objectives and bounds of its basic research mission, the Office 

of Energy Efficiency and Renewable Energy is authorized to carry 

out the necessary translational research to validate and demonstrate the concepts envisioned by the research teams supported 

by the Office of Science to the private sector and other interested 

stakeholders. 

SECTION-BY-SECTION

Sec. 1. Short title 

The short title of this legislation is ‘‘Solar Fuels Innovation Act.’’ 

Sec. 2. Solar Fuels Basic Research Initiative 

This section amends Section 973 of the Energy Policy Act of 2005 

by striking outdated program direction and replacing it. This section establishes a Solar Fuels Basic Research Initiative that will 

support basic and early stage research to advance fundamental scientific knowledge of photochemistry, electrochemistry, biochemistry, and materials science relevant to experimental solar 

fuels systems. This section provides statutory direction and authorizes appropriations for the Secretary of Energy to leverage expertise from the Office of Science and Office of Energy Efficiency and 

Renewable Energy to carry out research activities. No additional 

funds are authorized as all activities under this section are to be 

carried out using existing funding. Also, no funds authorized under 

this section are to be used for commercialization activities. 

EXPLANATION OF AMENDMENTS

The Committee agreed by voice vote to an amendment that explicitly makes clear that the DOE may organize activities under 

the Initiative through energy innovation hubs. 

COMMITTEE CONSIDERATION

On July 7, 2016, the Committee met in open session and ordered 

reported favorably the bill, H.R. 5638, as amended, by voice vote, 

a quorum being present. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill directs DOE to prioritize 

basic research in chemistry and materials science relevant to experimental solar fuels systems by establishing a solar fuels basic 

research initiative. As such this bill does not relate to employment 

or access to public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the CommitVerDate Sep 11 2014 23:55 Jul 13, 2016 Jkt 059006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR680.XXX HR680

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tee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

H.R. 5638, the Solar Fuels Innovation Act, directs DOE to 

prioritize basic research in chemistry and materials science relevant to experimental solar fuels systems by establishing a solar 

fuels basic research initiative. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 5638 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting H.R. 5638 does not direct 

the completion of any specific rule makings within the meaning of 

5 U.S.C. 551. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement as to whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

H.R. 5638 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirements of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives, an estimate and comparison prepared by the Director of Congressional Budget Office 

under section 402 of the Congressional Budget Act of 1974 was not 

submitted to the Committee before the filing of the report. 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

ENERGY POLICY ACT OF 2005 

* * * * * * * 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Energy Policy 

Act of 2005’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE IX—RESEARCH AND DEVELOPMENT 

* * * * * * * 

Subtitle G—Science 

* * * * * * * 

øSec. 973. Catalysis research program.¿ 

Sec. 973. Solar Fuels Basic Research Initiative. 

* * * * * * * 

TITLE IX—RESEARCH AND 

DEVELOPMENT 

* * * * * * * 

Subtitle G—Science 

* * * * * * * 

øSEC. 973. CATALYSIS RESEARCH PROGRAM. 

ø(a) ESTABLISHMENT.—The Secretary, acting through the Office 

of Science, shall support a program of research and development in 

catalysis science consistent with the statutory authorities of the 

Department related to research and development. 

ø(b) COMPONENTS.—The program shall include efforts to— 

ø(1) enable catalyst design using combinations of experimental and mechanistic methodologies coupled with computational modeling of catalytic reactions at the molecular level; 

ø(2) develop techniques for high throughput synthesis, assay, 

and characterization at nanometer and subnanometer scales 

in-situ under actual operating conditions; 

ø(3) synthesize catalysts with specific site architectures; 

ø(4) conduct research on the use of precious metals for catalysis; and 

ø(5) translate molecular understanding to the design of catalytic compounds. 


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ø(c) DUTIES OF THE OFFICE OF SCIENCE.—In carrying out the program, the Director of the Office of Science shall— 

ø(1) support both individual investigators and multidisciplinary teams of investigators to pioneer new approaches in 

catalytic design; 

ø(2) develop, plan, construct, acquire, share, or operate special equipment or facilities for the use of investigators in collaboration with national user facilities, such as nanoscience 

and engineering centers; 

ø(3) support technology transfer activities to benefit industry 

and other users of catalysis science and engineering; and 

ø(4) coordinate research and development activities with industry and other Federal agencies. 

ø(d) ASSESSMENT.—Not later than 3 years after the date of enactment of this Act, the Secretary shall enter into an arrangement 

with the National Academy of Sciences to— 

ø(1) review the catalysis program to measure— 

ø(A) gains made in the fundamental science of catalysis; 

and 

ø(B) progress towards developing new fuels for energy 

production and material fabrication processes; and 

ø(2) submit to Congress a report describing the results of the 

review.¿ 

SEC. 973. SOLAR FUELS BASIC RESEARCH INITIATIVE. 

(a) INITIATIVE.— (1) IN GENERAL.—The Secretary shall carry out a research 

initiative, to be known as the Solar Fuels Basic Research 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.—The Secretary shall leverage expertise and 

resources from the Basic Energy Sciences Program and Biological and Environmental Research Program within the Office of 

Science, and the Office of Energy Efficiency and Renewable Energy, as provided under subsections (b) and (c). 

(3) TEAMS.—The Secretary shall organize activities under the 

Solar Fuels Basic Research Initiative to include multidisciplinary teams leveraging expertise from the National Laboratories, universities, and the private sector to the extent practicable. These multidisciplinary teams shall pursue aggressive, 

milestone-driven basic research goals. The Secretary shall provide sufficient resources for those teams to achieve those goals 

over a period of time to be determined by the Secretary. 

(4) ADDITIONAL ACTIVITIES.—The Secretary is authorized to 

organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or 

other organizational structures. 

(b) ARTIFICIAL PHOTOSYNTHESIS.— 

(1) IN GENERAL.—The Secretary shall, as part of the Solar 

Fuels Basic Research Initiative, carry out a program to support 

research needed to bridge scientific barriers and discover 

knowledge relevant to artificial photosynthetic systems. In carrying out activities under this subsection, the Director of the Office of Basic Energy Sciences shall support basic research to 


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pursue distinct lines of scientific inquiry, including 

photoinduced production of hydrogen and oxygen from water, 

and the sustainable photoinduced reduction of carbon dioxide 

to fuel products including hydrocarbons, alcohols, carbon monoxide, and natural gas. The Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under this subsection. 

(2) STANDARD OF REVIEW.—The Secretary shall review the 

program activities under this subsection to determine the 

achievement of technical milestones. 

(3) AUTHORIZATION OF APPROPRIATIONS.— 

(A) AUTHORIZATION.—Subject to subsection (d), there are 

authorized for carrying out activities under this subsection 

for each of fiscal years 2017 through 2020— 

(i) $50,000,000 from funds within the Basic Energy 

Sciences Program account; and 

(ii) $25,000,000 from funds within the Energy Efficiency and Renewable Energy account. 

(B) PROHIBITION.—No funds authorized under this subsection 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, as part of the Solar 

Fuels Basic Research Initiative, carry out a program to support 

research needed to replicate natural photosynthetic processes by 

use of artificial photosynthetic components and materials. In 

carrying out activities under this subsection, the Director of the 

Office of Basic Energy Sciences shall support basic research to 

expand fundamental knowledge to replicate natural synthesis 

processes, including the photoinduced reduction of dinitrogen to 

ammonia, absorption of carbon dioxide from ambient air, molecular-based charge separation and storage, photoinitiated 

electron transfer, and catalysis in biological or biomimetic systems. 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. The Assistant Secretary 

for Energy Efficiency and Renewable Energy shall support 

translational research, development, and validation of physical 

concepts developed under this subsection. 

(2) STANDARD OF REVIEW.—The Secretary shall review the 

program activities under this subsection to determine the 

achievement of technical milestones. 

(3) AUTHORIZATION OF APPROPRIATIONS.— 

(A) AUTHORIZATION.—Subject to subsection (d), there are 

authorized for carrying out activities under this subsection 

for each of fiscal years 2017 through 2020— 

(i) $50,000,000 from funds within the Basic Energy 

Sciences Program and Biological and Environmental 

Research Program accounts; and 

(ii) $25,000,000 from funds within the Energy Efficiency and Renewable Energy account. 


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(B) PROHIBITION.—No funds authorized under this subsection may be obligated or expended for commercial application of energy technology. 

(d) FUNDING.—No additional funds are authorized to be appropriated under this section. This section shall be carried out using 

funds otherwise authorized by law. 

* * * * * * * 


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ADDITIONAL VIEWS 

Last month this Committee held what I thought was a worthwhile hearing that helped illuminate the importance of strengthening our support for research in solar fuels. This is clearly the aim 

of the Solar Fuels Innovation Act, and I appreciate that the Majority is attempting to advance technologies that could go a long way 

to improving our energy security and to addressing the serious 

threat of climate change. 

However, I am concerned about what may be some of the unintended consequences of the language in this bill, and the Department of Energy echoed these concerns to Majority and Minority 

Committee staff this week. DOE noted that labeling research as either ‘‘basic’’ or ‘‘applied’’ in legislation could be problematic given 

that the distinction can be unclear and subjective, and the activities described in this bill can easily be considered ‘‘applied’’ research given current guidance by the Office of Management and 

Budget. So language attempting to restrict the initiatives authorized in this bill to ‘‘basic’’ research activities could create an inherent conflict in their implementation. 

I would note that at that hearing last month, I actually asked 

the witnesses about whether it is realistic to assert—and attempt 

to build policy around—a separation between basic and applied research. All of the witnesses agreed that such a division is nonexistent, and policymakers should not try to divide these two categories of research or pit them against one another. 

• Dr. Nathan Lewis said, ‘‘To the extent that the use-inspired fundamental research has an outlet into practical implementation, there should be no boundary.’’ • Dr. Daniel Hallinan agreed and said, ‘‘The questions that 

we need to answer are well-defined by the applied side and 

then we can approach them from a fundamental perspective 

. . . There is not really a clear line between basic and applied.’’ • Dr. Daniel Scherson said, ‘‘10% of the cost of an actual battery goes into materials and 90% into manufacturing, so you 

know we have to be able to bridge the gap between what we 

regard as fundamental research and applied research. I’m 

afraid companies may not want to take the risk.’’ • And Dr. Collin Broholm noted the example of the legendary Bell Labs, a model for research that the private sector 

no longer supports, saying, ‘‘Those who are working in the discovery realm need to have the ability to view some of the challenges that exist in the real world as well so this artificial barrier is in fact very unfortunate.’’ 

Lastly, I would note that one of the letters of support that the 

Chairman submitted for the record, from a company called Opus 12 

based in Berkeley, California, highlighted significant concern with 

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cludes by stating that ‘‘[t]he Solar Fuels Innovation Act can be 

more than just a way to sponsor basic research. It can be a way 

for America to take the first steps toward a new frontier of commercially available solar fuels.’’ I think that’s the whole point of 

this bill. 

So given the expert testimony from Majority and Minority witnesses that we received on this issue just a few weeks ago as well 

as the constructive guidance that the Department and leading 

innovators provided to us this week on this bill, I hope we can all 

agree that such labels aren’t helpful—and can be harmful. Rather, 

our goal is to guide and support energy research that the private 

sector is unlikely or unwilling to pursue at a sufficient pace to meet 

national economic, environmental, and energy security needs. Any 

arbitrary barrier to that goal, even if it’s well-intentioned, is a step 

in the wrong direction. 

MARK TAKANO. 

Æ 


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