II 

114TH CONGRESS 

1ST SESSION S. 1398 

To extend, improve, and consolidate energy research and development 

programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2015 

Mr. ALEXANDER (for himself, Mr. COONS, Ms. MURKOWSKI, Ms. CANTWELL, 

Mr. GARDNER, Mrs. FEINSTEIN, and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To extend, improve, and consolidate energy research and 

development programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Energy Title of America COMPETES Reauthorization 

6 Act of 2015’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ENERGY TITLE OF AMERICA COMPETES PROGRAMS 


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Sec. 101. Basic research. 

Sec. 102. Advanced Research Projects Agency-Energy. 

TITLE II—ELIMINATION AND CONSOLIDATION OF PROGRAMS 

Sec. 201. Elimination of program authorities. 

Sec. 202. Repeal of authorizations. 

Sec. 203. Consolidation of duplicative program authorities. 

1 TITLE I—ENERGY TITLE OF 

2 AMERICA COMPETES PRO3 GRAMS 

4 SEC. 101. BASIC RESEARCH. 

5 Section 971(b) of the Energy Policy Act of 2005 (42 

6 U.S.C. 16311(b)) is amended— 

7 (1) in paragraph (6), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (7), by striking the period at 

10 the end and inserting a semicolon; and 

11 (3) by adding at the end the following: 

12 ‘‘(8) $5,271,000,000 for fiscal year 2016; 

13 ‘‘(9) $5,485,000,000 for fiscal year 2017; 

14 ‘‘(10) $5,704,000,000 for fiscal year 2018; 

15 ‘‘(11) $5,932,000,000 for fiscal year 2019; and 

16 ‘‘(12) $6,178,000,000 for fiscal year 2020.’’. 

17 SEC. 102. ADVANCED RESEARCH PROJECTS AGENCY-EN18 ERGY. 

19 Section 5012 of the America COMPETES Act (42 

20 U.S.C. 16538) is amended— 

21 (1) in subsection (a)(3), by striking ‘‘subsection 

22 (n)(1)’’ and inserting ‘‘subsection (o)(1)’’; 


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1 (2) in subsection (i), by striking paragraph (1) 

2 and inserting the following: 

3 ‘‘(1) IN GENERAL.—To the maximum extent 

4 practicable, the Director shall ensure that— 

5 ‘‘(A) the activities of ARPA–E are coordi6 nated with, and do not duplicate the efforts of, 

7 programs and laboratories within the Depart8 ment and other relevant research agencies; and 

9 ‘‘(B) ARPA–E does not provide funding 

10 for a project unless the prospective grantee 

11 demonstrates sufficient attempts to secure pri12 vate financing or indicates that the project is 

13 not independently commercially viable.’’; 

14 (3) by redesignating subsection (n) as sub15 section (o); 

16 (4) by inserting after subsection (m) the fol17 lowing: 

18 ‘‘(n) PROTECTION OF INFORMATION.—The following 

19 types of information collected by the ARPA–E from recipi20 ents of financial assistance awards shall be considered 

21 privileged and confidential and not subject to disclosure 

22 under section 552 of title 5, United States Code: 

23 ‘‘(1) Plans for commercialization of technologies 

24 developed under the award, including business plans, 


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1 technology-to-market plans, market studies, and cost 

2 and performance models. 

3 ‘‘(2) Investments provided to an awardee from 

4 third parties (such as venture capital firms, hedge 

5 funds, and private equity firms), including amounts 

6 and the percentage of ownership of the awardee pro7 vided in return for the investments. 

8 ‘‘(3) Additional financial support that the 

9 awardee— 

10 ‘‘(A) plans to or has invested into the tech11 nology developed under the award; or 

12 ‘‘(B) is seeking from third parties. 

13 ‘‘(4) Revenue from the licensing or sale of new 

14 products or services resulting from research con15 ducted under the award.’’; and 

16 (5) in subsection (o) (as redesignated by para17 graph (3))— 

18 (A) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘paragraphs (4) 

21 and (5)’’ and inserting ‘‘paragraph (4)’’; 

22 (ii) in subparagraph (D), by striking 

23 ‘‘and’’ at the end; 


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1 (iii) in subparagraph (E), by striking 

2 the period at the end and inserting a semi3 colon; and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(F) $291,200,000 for fiscal year 2016; 

7 ‘‘(G) $303,600,000 for fiscal year 2017; 

8 ‘‘(H) $314,700,000 for fiscal year 2018; 

9 ‘‘(I) $327,300,000 for fiscal year 2019; 

10 and 

11 ‘‘(J) $340,600,000 for fiscal year 2020 .’’; 

12 and 

13 (B) in paragraph (4)(B), by striking 

14 ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. 

15 TITLE II—ELIMINATION AND 

16 CONSOLIDATION OF PROGRAMS 

17 SEC. 201. ELIMINATION OF PROGRAM AUTHORITIES. 

18 (a) NUCLEAR SCIENCE TALENT EXPANSION PRO19 GRAM FOR INSTITUTIONS OF HIGHER EDUCATION.—Sec20 tion 5004 of the America COMPETES Act (42 U.S.C. 

21 16532) is repealed. 

22 (b) HYDROCARBON SYSTEMS SCIENCE TALENT EX23 PANSION PROGRAM FOR INSTITUTIONS OF HIGHER EDU24 CATION.— 


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1 (1) IN GENERAL.—Section 5005(e) of the 

2 America COMPETES Act (42 U.S.C. 16533(e)) is 

3 repealed. 

4 (2) CONFORMING AMENDMENTS.— 

5 (A) Section 5005(f) of the America COM6 PETES Act (42 U.S.C. 16533(f)) is amend7 ed— 

8 (i) by striking paragraph (2); 

9 (ii) by striking the subsection designa10 tion and heading and all that follows 

11 through ‘‘There are’’ in paragraph (1) and 

12 inserting the following: 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are’’; and 

15 (iii) by redesignating subparagraphs 

16 (A) through (C) as paragraphs (1) through 

17 (3), respectively, and indenting appro18 priately. 

19 (B) Section 5005 of the America COM20 PETES Act (42 U.S.C. 16533) is amended by 

21 redesignating subsection (f) as subsection (e). 

22 (c) DISCOVERY SCIENCE AND ENGINEERING INNOVA23 TION INSTITUTES.—Section 5008 of the America COM24 PETES Act (42 U.S.C. 16535) is repealed. 


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1 (d) ELIMINATION OF DUPLICATIVE AUTHORITY FOR

2 EDUCATION PROGRAMS.—Sections 3181 and 3185 of the 

3 Department of Energy Science Education Enhancement 

4 Act (42 U.S.C. 7381l, 42 U.S.C. 7381n) are repealed. 

5 (e) MENTORING PROGRAM.—Section 3195 of the De6 partment of Energy Science Education Enhancement Act 

7 (42 U.S.C. 7381r) is repealed. 

8 SEC. 202. REPEAL OF AUTHORIZATIONS. 

9 (a) DEPARTMENT OF ENERGY EARLY CAREER

10 AWARDS FOR SCIENCE, ENGINEERING, AND MATHE11 MATICS RESEARCHERS.—Section 5006 of the America 

12 COMPETES Act (42 U.S.C. 16534) is amended by strik13 ing subsection (h). 

14 (b) DISTINGUISHED SCIENTIST PROGRAM.—Section 

15 5011 of the America COMPETES Act (42 U.S.C. 16537) 

16 is amended by striking subsection (j). 

17 (c) PROTECTING AMERICA’S COMPETITIVE EDGE

18 (PACE) GRADUATE FELLOWSHIP PROGRAM.—Section 

19 5009 of the America COMPETES Act (42 U.S.C. 16536) 

20 is amended by striking subsection (f). 

21 SEC. 203. CONSOLIDATION OF DUPLICATIVE PROGRAM AU22 THORITIES. 

23 (a) UNIVERSITY NUCLEAR SCIENCE AND ENGINEER24 ING SUPPORT.—Section 954 of the Energy Policy Act of 

25 2005 (42 U.S.C. 16274) is amended— 


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1 (1) in subsection (a), by inserting ‘‘nuclear 

2 chemistry,’’ after ‘‘nuclear engineering,’’; and 

3 (2) in subsection (b)— 

4 (A) by redesignating paragraphs (3) 

5 through (5) as paragraphs (4) through (6), re6 spectively; and 

7 (B) by inserting after paragraph (2) the 

8 following: 

9 ‘‘(3) award grants, not to exceed 5 years in du10 ration, to institutions of higher education with exist11 ing academic degree programs in nuclear sciences 

12 and related fields— 

13 ‘‘(A) to increase the number of graduates 

14 in nuclear science and related fields; 

15 ‘‘(B) to enhance the teaching and research 

16 of advanced nuclear technologies; 

17 ‘‘(C) to undertake collaboration with indus18 try and National Laboratories; and 

19 ‘‘(D) to bolster or sustain nuclear infra20 structure and research facilities of institutions 

21 of higher education, such as research and train22 ing reactors and laboratories;’’. 

23 (b) CONSOLIDATION OF DEPARTMENT OF ENERGY

24 EARLY CAREER AWARDS FOR SCIENCE, ENGINEERING, 


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1 AND MATHEMATICS RESEARCHERS PROGRAM AND DIS2 TINGUISHED SCIENTIST PROGRAM.— 

3 (1) FUNDING.—Section 971(c) of the Energy 

4 Policy Act of 2005 (42 U.S.C. 16311(c)) is amended 

5 by adding at the end the following: 

6 ‘‘(8) For the Department of Energy early ca7 reer awards for science, engineering, and mathe8 matics researchers program under section 5006 of 

9 the America COMPETES Act (42 U.S.C. 16534) 

10 and the distinguished scientist program under sec11 tion 5011 of that Act (42 U.S.C. 16537), 

12 $150,000,000 for each of fiscal years 2016 through 

13 2020, of which not more than 65 percent of the 

14 amount made available for a fiscal year under this 

15 paragraph may be used to carry out section 5006 or 

16 5011 of that Act.’’. 

17 (2) DEPARTMENT OF ENERGY EARLY CAREER

18 AWARDS FOR SCIENCE, ENGINEERING, AND MATHE19 MATICS RESEARCHERS.—Section 5006 of the Amer20 ica COMPETES Act (42 U.S.C. 16534) is amend21 ed— 

22 (A) in subsection (b)(1)— 

23 (i) in the matter preceding subpara24 graph (A)— 


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1 (I) by inserting ‘‘average’’ before 

2 ‘‘amount’’; and 

3 (II) by inserting ‘‘for each year’’ 

4 before ‘‘shall’’; 

5 (ii) in subparagraph (A), by striking 

6 ‘‘$80,000’’ and inserting ‘‘$190,000’’; and 

7 (iii) in subparagraph (B), by striking 

8 ‘‘$125,000’’ and inserting ‘‘$490,000’’; 

9 (B) in subsection (c)(1)(C)— 

10 (i) in clause (i)— 

11 (I) by striking ‘‘assistant pro12 fessor or equivalent title’’ and insert13 ing ‘‘untenured assistant or associate 

14 professor’’; and 

15 (II) by inserting ‘‘or’’ after the 

16 semicolon at the end; 

17 (ii) by striking clause (ii); and 

18 (iii) by redesignating clause (iii) as 

19 clause (ii); 

20 (C) in subsection (d), by striking ‘‘on a 

21 competitive, merit-reviewed basis’’ and inserting 

22 ‘‘through a competitive process using merit23 based peer review.’’; 

24 (D) in subsection (e)— 


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1 (i) by striking ‘‘(e)’’ and all that fol2 lows through ‘‘To be eligible’’ and inserting 

3 the following: 

4 ‘‘(e) SELECTION PROCESS AND CRITERIA.—To be eli5 gible’’; and 

6 (ii) by striking paragraph (2); and 

7 (E) in subsection (f)(1), by striking ‘‘non8 profit, nondegree-granting research organiza9 tions’’ and inserting ‘‘National Laboratories’’. 

10 (c) SCIENCE EDUCATION PROGRAMS.—Section 3164 

11 of the Department of Energy Science Education Enhance12 ment Act (42 U.S.C. 7381a) is amended— 

13 (1) in subsection (b)— 

14 (A) by striking paragraphs (1) and (2) and 

15 inserting the following: 

16 ‘‘(1) IN GENERAL.—The Director of the Office 

17 of Science (referred to in this subsection as the ‘‘Di18 rector’’) shall provide for appropriate coordination of 

19 science, technology, engineering, and mathematics 

20 education programs across all functions of the De21 partment. 

22 ‘‘(2) ADMINISTRATION.—In carrying out para23 graph (1), the Director shall— 

24 ‘‘(A) consult with— 


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1 ‘‘(i) the Assistant Secretary of Energy 

2 with responsibility for energy efficiency 

3 and renewable energy programs; and 

4 ‘‘(ii) the Deputy Administrator for 

5 Defense Programs of the National Nuclear 

6 Security Administration; and 

7 ‘‘(B) seek to increase the participation and 

8 advancement of women and underrepresented 

9 minorities at every level of science, technology, 

10 engineering, and mathematics education.’’; and 

11 (B) in paragraph (3)— 

12 (i) in subparagraph (D), by striking 

13 ‘‘and’’ at the end; 

14 (ii) by redesignating subparagraph 

15 (E) as subparagraph (F); and 

16 (iii) by inserting after subparagraph 

17 (D) the following: 

18 ‘‘(E) represent the Department as the 

19 principal interagency liaison for all coordination 

20 activities under the President for science, tech21 nology, engineering, and mathematics education 

22 programs; and’’; and 

23 (2) in subsection (d)— 

24 (A) by striking ‘‘The Secretary’’ and in25 serting the following: 


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1 ‘‘(1) IN GENERAL.—The Secretary’’; and 

2 (B) by adding at the end the following: 

3 ‘‘(2) REPORT.—Not later than 180 days after 

4 the date of enactment of this subparagraph, the Di5 rector shall submit a report describing the impact of 

6 the activities assisted with the Fund established 

7 under paragraph (1) to— 

8 ‘‘(A) the Committee on Science, Space, 

9 and Technology of the House of Representa10 tives; and 

11 ‘‘(B) the Committee on Energy and Nat12 ural Resources of the Senate.’’. 

13 (d) PROTECTING AMERICA’S COMPETITIVE EDGE

14 (PACE) GRADUATE FELLOWSHIP PROGRAM.—Section 

15 5009 of the America COMPETES Act (42 U.S.C. 16536) 

16 is amended— 

17 (1) in subsection (c)— 

18 (A) in paragraph (1) by striking ‘‘, involv19 ing’’ and all that follows through ‘‘Secretary’’; 

20 and 

21 (B) in paragraph (2), by striking subpara22 graph (B) and inserting the following: 

23 ‘‘(B) to demonstrate excellent academic 

24 performance and understanding of scientific or 

25 technical subjects; and’’; 


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1 (2) in subsection (d)(1)(B)(i), by inserting ‘‘full 

2 or partial’’ before ‘‘graduate tuition’’; and 

3 (3) in subsection (e), in the matter preceding 

4 paragraph (1), by striking ‘‘Director of Science, En5 gineering, and Mathematics Education’’ and insert6 ing ‘‘Director of the Office of Science.’’ 

Æ 


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