database established under subsection (a) on relevant lit-
erature and patents that are associated with each research 
and development project contract, grant, or cooperative 
agreement, or other transaction, of the Department. 
SEC. 106. TECHNOLOGY TRANSFER AND TRANSITIONS AS-
SESSMENT. 
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 tech-
nologies to the private sector. 
SEC. 107. AGREEMENTS FOR COMMERCIALIZING TECH-
NOLOGY PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary shall carry out the 
Agreements for Commercializing Technology pilot pro-
gram 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 Lab-
oratory, to the maximum extent determined to be appro-
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priate by the Secretary, increased authority to negotiate 
contract terms, such as intellectual property rights, pay-
ment 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
ENTI-
TIES.—To carry out paragraph (1) and subject to 
paragraph (3), the Secretary shall permit the direc-
tors of the National Laboratories to execute agree-
ments with a non-Federal entity, including a non- 
Federal entity already receiving Federal funding 
that will be used to support activities under agree-
ments executed pursuant to paragraph (1), provided 
that such funding is solely used to carry out the 
purposes of the Federal award. 
(3) RESTRICTION.—The requirements of chap-
ter 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 
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(B) at least one of the parties to the fund-
ing agreement is eligible to receive rights under 
that chapter. 
(d) SUBMISSION TO SECRETARY.—Each affected di-
rector of a National Laboratory shall submit to the Sec-
retary, 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 ap-
propriate 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 appar-
ent conflict of interest, and avoids or neutralizes any 
actual conflict of interest, as a result of the agree-
ment under this section. 
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(f) EXTENSION.—The pilot program referred to in 
subsection (a) shall be extended until September 30, 2019. 
(g) REPORTS.— 
(1) OVERALL ASSESSMENT.—Not later than 60 
days after the date described in subsection (f), the 
Secretary, in coordination with directors of the Na-
tional 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 ac-
tivities to interfere with the responsibilities of 
the National Laboratories to the Department; 
and 
(D) provides a recommendation regarding 
the future of the pilot program. 
(2) TRANSPARENCY.—The Secretary, in coordi-
nation with directors of the National Laboratories, 
shall submit to the appropriate committees of Con-
gress an annual report that accounts for all 
incidences of, and provides a justification for, non- 
Federal entities using funds derived from a Federal 
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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 Pol-
icy 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 HIGH-
ER
EDUCATION
AND
OTHER
NONPROFIT
INSTITU-
TIONS.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to a research or development activity 
performed by an institution of higher education 
or nonprofit institution (as defined in section 4 
of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3703)). 
‘‘(B) TERMINATION
DATE.—The exemp-
tion under subparagraph (A) shall apply during 
the 2-year period beginning on the date of en-
actment of this paragraph.’’. 
(b) REPORTS.— 
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(1) INITIAL REPORT.—As soon as practicable 
after the date of enactment of this Act, the Sec-
retary 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 appro-
priate committees of Congress a report that de-
scribes the use of cost-sharing waivers by the De-
partment under section 988(b) of the Energy Policy 
Act of 2005 (42 U.S.C. 16352(b)) during the period 
covered by the report. 
TITLE II—DEPARTMENT OF EN-
ERGY RESEARCH COORDINA-
TION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Department of Energy 
Research Coordination Act’’. 
SEC. 202. PROTECTION OF INFORMATION. 
Section 5012 of the America Competes Act (42 
U.S.C. 16538) is amended— 
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(1) in subsection (a)(3), by striking ‘‘subsection 
(n)(1)’’ and inserting ‘‘subsection (o)(1)’’; 
(2) by redesignating subsection (n) as sub-
section (o); and 
(3) by inserting after subsection (m) the fol-
lowing: 
‘‘(n) PROTECTION OF INFORMATION.—The following 
types of information collected by ARPA–E from recipients 
of financial assistance awards shall be considered commer-
cial 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 pro-
vided in return for the investments. 
‘‘(3) Additional financial support that the 
awardee— 
‘‘(A) plans to or has invested into the tech-
nology developed under the award; or 
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‘‘(B) is seeking from third parties. 
‘‘(4) Revenue from the licensing or sale of new 
products or services resulting from research con-
ducted under the award.’’. 
SEC. 203. CROSSCUTTING RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall use the capa-
bilities of the Department to identify strategic opportuni-
ties for collaborative research, development, demonstra-
tion, and commercial application of innovative science and 
technologies. 
(b) EXISTING PROGRAMS; COORDINATION OF ACTIVI-
TIES.—To the maximum extent practicable, the Secretary 
shall seek— 
(1) to leverage existing programs of the Depart-
ment; 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 tech-
nical assessment framework for setting objective 
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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 effec-
tively 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 strik-
ing section 994 (42 U.S.C. 16358) and inserting the fol-
lowing: 
‘‘SEC. 994. STRATEGIC RESEARCH PORTFOLIO ANALYSIS 
AND COORDINATION PLAN. 
‘‘(a) IN GENERAL.—The Secretary shall periodically 
review all of the science and technology activities of the 
Department in a strategic framework that takes into ac-
count— 
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‘‘(1) the frontiers of science to which the De-
partment can contribute; 
‘‘(2) the national needs relevant to the statu-
tory 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 appli-
cation 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 De-
partment; 
‘‘(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 inter-
change within the Department, particularly be-
tween the Office of Science and the applied 
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technology programs, could be enhanced, in-
cluding 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 funda-
mental, curiosity-driven research, fundamental 
research related to topics of concern to the ap-
plied programs, and applications in Depart-
mental technology programs of research results 
generated by fundamental, curiosity-driven re-
search; 
‘‘(E) critical assessments of any ongoing 
programs that have experienced subpar per-
formance or cost overruns of 10 percent or 
more over 1 or more years; 
‘‘(F) any activities that may be more effec-
tively left to the States, industry, nongovern-
mental organizations, institutions of higher edu-
cation, or other stakeholders; and 
‘‘(G) detailed evaluations and proposals for 
innovation hubs, institutes, and research cen-
ters of the Department, including— 
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‘‘(i) an affirmation that the hubs, in-
stitutes, and research centers will— 
‘‘(I) advance the mission of the 
Department; and 
‘‘(II) prioritize research, develop-
ment, and demonstration; and 
‘‘(ii) an affirmation that any hubs, in-
stitutes, or research centers that are estab-
lished or renewed within the Office of 
Science are consistent with the mission of 
the Office of Science described in sub-
section (c) of section 209 of the Depart-
ment of Energy Organization Act (42 
U.S.C. 7139). 
‘‘(c) SUBMISSION TO CONGRESS.—Every 4 years, the 
Secretary shall submit to Congress— 
‘‘(1) the results of the review under subsection 
(a); and 
‘‘(2) the coordination plan under subsection 
(b).’’. 
SEC. 205. STRATEGY FOR FACILITIES AND INFRASTRUC-
TURE. 
(a) AMENDMENTS.—Section 993 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16357) is amended— 
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(1) by striking the section heading and insert-
ing 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 amend-
ed by striking the item relating to section 993 and insert-
ing the following: 
‘‘Sec. 993. Strategy for facilities and infrastructure.’’. 
SEC. 206. ENERGY INNOVATION HUBS. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED
ENERGY
TECHNOLOGY.—The 
term ‘‘advanced energy technology’’ means— 
(A) an innovative technology— 
(i) that produces energy from solar, 
wind, geothermal, biomass, tidal, wave, 
ocean, or other renewable energy resources; 
(ii) that produces nuclear energy; 
(iii) for carbon capture and sequestra-
tion; 
(iv) that enables advanced vehicles, 
vehicle components, and related tech-
nologies that result in significant energy 
savings; 
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(v) that generates, transmits, distrib-
utes, uses, or stores energy more efficiently 
than conventional technologies, including 
through Smart Grid technologies; or 
(vi) that enhances the energy inde-
pendence and security of the United States 
by enabling improved or expanded supply 
and production of domestic energy re-
sources, including coal, oil, and natural 
gas; 
(B) a research, development, demonstra-
tion, or commercial application activity nec-
essary to ensure the long-term, secure, and sus-
tainable 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’’ in-
cludes any Energy Innovation Hub in existence 
on the date of enactment of this Act. 
(3) QUALIFYING
ENTITY.—The term ‘‘quali-
fying entity’’ means— 
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(A) an institution of higher education; 
(B) an appropriate State or Federal entity, 
including a federally funded research and devel-
opment center of the Department; 
(C) a nongovernmental organization with 
expertise in advanced energy technology re-
search, development, demonstration, or com-
mercial 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, environ-
mental, and energy security of the United States by 
making awards to consortia for establishing and op-
erating hubs, to be known as ‘‘Energy Innovation 
Hubs’’, to conduct and support, at, if practicable, 
one centralized location, multidisciplinary, collabo-
rative research, development, demonstration, and 
commercial application of advanced energy tech-
nologies. 
(2) TECHNOLOGY DEVELOPMENT FOCUS.—The 
Secretary shall designate for each Hub a unique ad-
vanced energy technology or basic research focus. 
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(3) COORDINATION.—The Secretary shall en-
sure the coordination of, and avoid unnecessary du-
plication of, the activities of each Hub with the ac-
tivities of— 
(A) other research entities of the Depart-
ment, 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 agree-
ment, entered into by each member of the con-
sortium, that documents— 
(i) the proposed partnership agree-
ment, including the governance and man-
agement structure of the Hub; 
(ii) measures the consortium will un-
dertake to enable cost-effective implemen-
tation of activities under the program de-
scribed in subsection (b)(1); and 
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(iii) a proposed budget, including fi-
nancial 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 sub-
section (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 re-
quired 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. 
(3) SELECTION.— 
(A) IN GENERAL.—The Secretary shall se-
lect consortia for awards for the establishment 
and operation of Hubs through a competitive 
selection process. 
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(B) CONSIDERATIONS.—In selecting con-
sortia 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 appropria-
tions, after which the award may be renewed, sub-
ject to a rigorous merit review. 
(2) EXISTING HUBS.—A Hub already in exist-
ence 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 es-
tablishment 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 appli-
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(i) no funds provided under this sec-
tion 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-shar-
ing agreement. 
(B) TEST BED AND RENOVATION EXCEP-
TION.—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 ren-
ovations are limited to a scope and scale nec-
essary for the research to be conducted. 
TITLE III—DEPARTMENT OF EN-
ERGY OFFICE OF SCIENCE 
POLICY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Department of Energy 
Office of Science Policy Act’’. 
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SEC. 302. MISSION. 
Section 209 of the Department of Energy Organiza-
tion 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 na-
tional security of the United States.’’. 
SEC. 303. BASIC ENERGY SCIENCES. 
(a) ENERGY FRONTIER RESEARCH CENTERS.— 
(1) IN GENERAL.—The Director shall carry out 
a program to provide awards, on a competitive, 
merit-reviewed basis, to multi-institutional collabora-
tions or other appropriate entities to conduct funda-
mental and use-inspired energy research to accel-
erate scientific breakthroughs. 
(2) COLLABORATIONS.—A collaboration receiv-
ing an award under this subsection may include mul-
tiple 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 sup-
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ported 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 es-
tablishment 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 Di-
rector may terminate an underperforming cen-
ter 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 facili-
ties. 
(b) BASIC ENERGY SCIENCES USER FACILITIES.— 
(1) IN GENERAL.—The Director shall carry out 
a program for the development, construction, oper-
ation, and maintenance of national user facilities. 
(2) REQUIREMENTS.—To the maximum extent 
practicable, the national user facilities developed, 
constructed, operated, or maintained under para-
graph (1) shall serve the needs of the Department, 
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industry, the academic community, and other rel-
evant 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 main-
tained 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
DEVELOP-
MENT.—The Director shall carry out research and devel-
opment on advanced accelerator and storage ring tech-
nologies relevant to the development of basic energy 
sciences user facilities, in consultation with the High En-
ergy 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: 
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‘‘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 funda-
mental 
knowledge 
of 
photochemistry, 
electro-
chemistry, biochemistry, and materials science useful 
for the practical development of experimental sys-
tems 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. 
VerDate Sep 11 2014 
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