115TH CONGRESS 
1ST SESSION 
H. R. 589 
AN ACT 
To establish Department of Energy policy for science and 
energy research and development programs, and reform 
National Laboratory management and technology trans-
fer programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Department of Energy Research and Innovation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—LABORATORY MODERNIZATION AND TECHNOLOGY 
TRANSFER 
Sec. 101. Short title. 
Sec. 102. Inclusion of early stage technology demonstration in authorized tech-
nology transfer activities. 
Sec. 103. Sense of Congress on accelerating energy innovation. 
Sec. 104. Restoration of laboratory directed research and development program. 
Sec. 105. Research grants database. 
Sec. 106. Technology transfer and transitions assessment. 
Sec. 107. Agreements for commercializing technology pilot program. 
Sec. 108. Short-term cost-share pilot program. 
TITLE II—DEPARTMENT OF ENERGY RESEARCH COORDINATION 
Sec. 201. Short title. 
Sec. 202. Protection of information. 
Sec. 203. Crosscutting research and development. 
Sec. 204. Strategic research portfolio analysis and coordination plan. 
Sec. 205. Strategy for facilities and infrastructure. 
Sec. 206. Energy Innovation Hubs. 
TITLE III—DEPARTMENT OF ENERGY OFFICE OF SCIENCE 
POLICY 
Sec. 301. Short title. 
Sec. 302. Mission. 
Sec. 303. Basic energy sciences. 
Sec. 304. Advanced scientific computing research. 
Sec. 305. High-energy physics. 
Sec. 306. Biological and environmental research. 
Sec. 307. Fusion energy. 
Sec. 308. Nuclear physics. 
Sec. 309. Science laboratories infrastructure program. 
TITLE IV—NUCLEAR ENERGY INNOVATION CAPABILITIES 
Sec. 401. Short title. 
Sec. 402. Nuclear energy innovation capabilities. 
SEC. 2. DEFINITIONS. 
In this Act:
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Science of the Depart-
ment, except as otherwise indicated. 
(3) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given that term 
in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
TITLE 
I—LABORATORY 
MOD-
ERNIZATION 
AND 
TECH-
NOLOGY TRANSFER 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Laboratory Mod-
ernization and Technology Transfer Act’’. 
SEC. 102. INCLUSION OF EARLY STAGE TECHNOLOGY DEM-
ONSTRATION IN AUTHORIZED TECHNOLOGY 
TRANSFER ACTIVITIES. 
Section 1001 of the Energy Policy Act of 2005 (42 
U.S.C. 16391) is amended— 
(1) by redesignating subsection (g) as sub-
section (h); and
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) EARLY
STAGE
TECHNOLOGY
DEMONSTRA-
TION.—The Secretary shall permit the directors of the Na-
tional Laboratories to use funds authorized to support 
technology transfer within the Department to carry out 
early stage and precommercial technology demonstration 
activities to remove technology barriers that limit private 
sector interest and demonstrate potential commercial ap-
plications of any research and technologies arising from 
National Laboratory activities.’’. 
SEC. 103. 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 secu-
rity, and environmental goals; 
(2) accelerating the pace of clean energy inno-
vation in the United States calls for— 
(A) supporting existing research and devel-
opment programs at the Department and the 
world-class National Laboratories;
(B) exploring and developing new path-
ways for innovators, investors, and decision- 
makers to leverage the resources of the Depart-
ment for addressing the challenges and com-
parative strengths of geographic regions; and 
(C) recognizing the financial constraints of 
the Department, regularly reviewing clean en-
ergy programs to ensure that taxpayer invest-
ments are maximized; 
(3) the energy supply, demand, policies, mar-
kets, 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 indus-
try 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. 
SEC. 104. RESTORATION OF LABORATORY DIRECTED RE-
SEARCH AND DEVELOPMENT PROGRAM. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Secretary shall ensure that laboratory operating 
contractors do not allocate costs of general and adminis-
trative overhead to laboratory directed research and devel-
opment. 
(b) EXCEPTION FOR NATIONAL SECURITY LABORA-
TORIES.—This section shall not apply to the national secu-
rity laboratories with respect to which section 3119 of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328) applies. 
SEC. 105. RESEARCH GRANTS DATABASE. 
(a) IN GENERAL.—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 trans-
action administered by the Department. 
(b) REQUIREMENTS.—Each listing described in sub-
section (a) shall include, at a minimum, for each listed
project, the Department office carrying out the project, 
the project name, an abstract or summary of the project, 
funding levels, project duration, contractor or grantee 
name (including the names of any subcontractors), and 
expected objectives and milestones. 
(c) RELEVANT LITERATURE
AND PATENTS.—The 
Secretary shall provide information through the public 
database established under subsection (a) on relevant 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-
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 
(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. 
(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 
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.— 
(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— 
(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 
‘‘(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 
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— 
‘‘(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 
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— 
‘‘(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— 
(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; 
(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— 
(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. 
(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 
(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. 
(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-
cation of advanced energy technologies within the 
technology development focus designated under sub-
section (b)(2). 
(2) ACTIVITIES.—Each Hub shall— 
(A) encourage collaboration and commu-
nication 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 De-
partment summarizing the activities of the 
Hub, including— 
(i) detailing organizational expendi-
tures; and 
(ii) describing each project under-
taken by the Hub; and
(D) monitor project implementation and 
coordination. 
(3) CONFLICTS OF INTEREST.—Each Hub shall 
maintain conflict of interest procedures, consistent 
with the conflict of interest procedures of the De-
partment. 
(4) PROHIBITION ON CONSTRUCTION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B)— 
(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’’. 
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-
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, 
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: 
‘‘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. 
‘‘(B) GOALS.—The multidisciplinary teams 
described in subparagraph (A) shall pursue ag-
gressive, milestone-driven, basic research goals. 
‘‘(C) RESOURCES.—The Secretary shall 
provide sufficient resources to the multidisci-
plinary teams described in subparagraph (A) to 
achieve the goals described in subparagraph (B) 
over a period of time to be determined by the 
Secretary. 
‘‘(4) ADDITIONAL ACTIVITIES.—The Secretary 
may organize additional activities under this sub-
section through Energy Frontier Research Centers,
Energy Innovation Hubs, or other organizational 
structures. 
‘‘(b) ARTIFICIAL PHOTOSYNTHESIS.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out under the Initiative a program to support re-
search needed to bridge scientific barriers to, and 
discover knowledge relevant to, artificial photosyn-
thetic systems. 
‘‘(2) ACTIVITIES.—As part of the program de-
scribed in paragraph (1)— 
‘‘(A) the Director of the Office of Basic 
Energy Sciences shall support basic research to 
pursue distinct lines of scientific inquiry, in-
cluding— 
‘‘(i) photoinduced production of hy-
drogen and oxygen from water; and 
‘‘(ii) the sustainable photoinduced re-
duction of carbon dioxide to fuel products 
including hydrocarbons, alcohols, carbon 
monoxide, and natural gas; and 
‘‘(B) the Assistant Secretary for Energy 
Efficiency and Renewable Energy shall support 
translational research, development, and valida-
tion of physical concepts developed under the 
program.
‘‘(3) STANDARD
OF
REVIEW.—The Secretary 
shall review activities carried out under the program 
described in paragraph (1) to determine the achieve-
ment of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the 
program described in paragraph (1) may be obli-
gated or expended for commercial application of en-
ergy technology. 
‘‘(c) BIOCHEMISTRY, REPLICATION
OF NATURAL 
PHOTOSYNTHESIS, AND RELATED PROCESSES.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out under the Initiative a program to support re-
search needed to replicate natural photosynthetic 
processes by use of artificial photosynthetic compo-
nents and materials. 
‘‘(2) ACTIVITIES.—As part of the program de-
scribed in paragraph (1)— 
‘‘(A) the Director of the Office of Basic 
Energy Sciences shall support basic research to 
expand fundamental knowledge to replicate nat-
ural synthesis processes, including— 
‘‘(i) the photoinduced reduction of 
dinitrogen to ammonia; 
‘‘(ii) the absorption of carbon dioxide 
from ambient air;
‘‘(iii) molecular-based charge separa-
tion and storage; 
‘‘(iv) photoinitiated electron transfer; 
and 
‘‘(v) catalysis in biological or bio-
mimetic systems; 
‘‘(B) the Associate Director of Biological 
and Environmental Research shall support sys-
tems biology and genomics approaches to un-
derstand genetic and physiological pathways 
connected to photosynthetic mechanisms; and 
‘‘(C) the Assistant Secretary for Energy 
Efficiency and Renewable Energy shall support 
translational research, development, and valida-
tion of physical concepts developed under the 
program. 
‘‘(3) STANDARD
OF
REVIEW.—The Secretary 
shall review activities carried out under the program 
described in paragraph (1) to determine the achieve-
ment of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the 
program described in paragraph (1) may be obli-
gated or expended for commercial application of en-
ergy technology.’’.
(2) CONFORMING AMENDMENT.—The table of 
contents for the Energy Policy Act of 2005 is 
amended by striking the item relating to section 973 
and inserting the following: 
‘‘Sec. 973. Solar fuels research initiative.’’. 
(e) ELECTRICITY STORAGE RESEARCH INITIATIVE.— 
(1) IN GENERAL.—Section 975 of the Energy 
Policy Act of 2005 (42 U.S.C. 16315) is amended 
to read as follows: 
‘‘SEC. 975. ELECTRICITY STORAGE RESEARCH INITIATIVE. 
‘‘(a) INITIATIVE.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out a research initiative, to be known as the ‘Elec-
tricity Storage Research Initiative’ (referred to in 
this section as the ‘Initiative’)— 
‘‘(A) to expand theoretical and funda-
mental knowledge to control, store, and con-
vert— 
‘‘(i) electrical energy to chemical en-
ergy; and 
‘‘(ii) chemical energy to electrical en-
ergy; and 
‘‘(B) to support scientific inquiry into the 
practical understanding of chemical and phys-
ical processes that occur within systems involv-
ing crystalline and amorphous solids, polymers, 
and organic and aqueous liquids. 
‘‘(2) LEVERAGING.—In carrying out programs 
and activities under the Initiative, the Secretary 
shall leverage expertise and resources from— 
‘‘(A) the Basic Energy Sciences Program, 
the Advanced Scientific Computing Research 
Program, and the Biological and Environmental 
Research Program of the Office of Science; and 
‘‘(B) the Office of Energy Efficiency and 
Renewable Energy. 
‘‘(3) TEAMS.— 
‘‘(A) IN GENERAL.—In carrying out the 
Initiative, the Secretary shall organize activities 
among multidisciplinary teams to leverage, to 
the maximum extent practicable, expertise from 
the National Laboratories, institutions of higher 
education, and the private sector. 
‘‘(B) GOALS.—The multidisciplinary teams 
described in subparagraph (A) shall pursue ag-
gressive, milestone-driven, basic research goals. 
‘‘(C) RESOURCES.—The Secretary shall 
provide sufficient resources to the multidisci-
plinary teams described in subparagraph (A) to 
achieve the goals described in subparagraph (B)
over a period of time to be determined by the 
Secretary. 
‘‘(4) ADDITIONAL ACTIVITIES.—The Secretary 
may organize additional activities under this sub-
section through Energy Frontier Research Centers, 
Energy Innovation Hubs, or other organizational 
structures. 
‘‘(b) MULTIVALENT SYSTEMS.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out under the Initiative a program to support re-
search needed to bridge scientific barriers to, and 
discover knowledge relevant to, multivalent ion mate-
rials in electric energy storage systems. 
‘‘(2) ACTIVITIES.—As part of the program de-
scribed in paragraph (1)— 
‘‘(A) the Director of the Office of Basic 
Energy 
Sciences 
shall 
investigate 
electro-
chemical properties and the dynamics of mate-
rials, including charge transfer phenomena and 
mass transport in materials; and 
‘‘(B) the Assistant Secretary for Energy 
Efficiency and Renewable Energy shall support 
translational research, development, and valida-
tion of physical concepts developed under the 
program.
‘‘(3) STANDARD
OF
REVIEW.—The Secretary 
shall review activities carried out under the program 
described in paragraph (1) to determine the achieve-
ment of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the 
program described in paragraph (1) may be obli-
gated or expended for commercial application of en-
ergy technology. 
‘‘(c) ELECTROCHEMISTRY MODELING AND SIMULA-
TION.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out under the Initiative a program to support re-
search to model and simulate organic electrolytes, 
including the static and dynamic electrochemical be-
havior and phenomena of organic electrolytes at the 
molecular and atomic level in monovalent and multi-
valent systems. 
‘‘(2) ACTIVITIES.—As part of the program de-
scribed in paragraph (1)— 
‘‘(A) the Director of the Office of Basic 
Energy Sciences, in coordination with the Asso-
ciate Director of Advanced Scientific Com-
puting Research, shall support the development 
of 
high 
performance 
computational 
tools 
through a joint development process to maxi-
mize the effectiveness of current and projected 
high performance computing systems; and 
‘‘(B) the Assistant Secretary for Energy 
Efficiency and Renewable Energy shall support 
translational research, development, and valida-
tion of physical concepts developed under the 
program. 
‘‘(3) STANDARD
OF
REVIEW.—The Secretary 
shall review activities carried out under the program 
described in paragraph (1) to determine the achieve-
ment of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the 
program described in paragraph (1) may be obli-
gated or expended for commercial application of en-
ergy technology. 
‘‘(d) MESOSCALE ELECTROCHEMISTRY.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out under the Initiative a program to support re-
search needed to reveal electrochemistry in confined 
mesoscale spaces, including scientific discoveries rel-
evant to— 
‘‘(A) 
bio-electrochemistry 
and 
electro-
chemical energy conversion and storage in con-
fined spaces; and
‘‘(B) the dynamics of the phenomena de-
scribed in subparagraph (A). 
‘‘(2) ACTIVITIES.—As part of the program de-
scribed in paragraph (1)— 
‘‘(A) the Director of the Office of Basic 
Energy Sciences and the Associate Director of 
Biological and Environmental Research shall in-
vestigate phenomena of mesoscale electro-
chemical confinement for the purpose of repli-
cating and controlling new electrochemical be-
havior; and 
‘‘(B) the Assistant Secretary for Energy 
Efficiency and Renewable Energy shall support 
translational research, development, and valida-
tion of physical concepts developed under the 
program. 
‘‘(3) STANDARD
OF
REVIEW.—The Secretary 
shall review activities carried out under the program 
described in paragraph (1) to determine the achieve-
ment of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the 
program described in paragraph (1) may be obli-
gated or expended for commercial application of en-
ergy technology.’’.
(2) CONFORMING AMENDMENT.—The table of 
contents for the Energy Policy Act of 2005 is 
amended by striking the item relating to section 975 
and inserting the following: 
‘‘Sec. 975. Electricity storage research initiative.’’. 
SEC. 304. ADVANCED SCIENTIFIC COMPUTING RESEARCH. 
(a) AMERICAN SUPER COMPUTING LEADERSHIP.— 
(1) RENAMING OF ACT.— 
(A) IN GENERAL.—Section 1 of the De-
partment of Energy High-End Computing Revi-
talization Act of 2004 (15 U.S.C. 5501 note; 
Public Law 108–423) is amended by striking 
‘‘Department of Energy High-End Computing 
Revitalization Act of 2004’’ and inserting 
‘‘American Super Computing Leadership Act of 
2017’’. 
(B) CONFORMING
AMENDMENT.—Section 
976(a)(1) of the Energy Policy Act of 2005 (42 
U.S.C. 16316(1)) is amended by striking ‘‘De-
partment of Energy High-End Computing Revi-
talization Act of 2004’’ and inserting ‘‘Amer-
ican Super Computing Leadership Act of 
2017’’. 
(2) DEFINITIONS.—Section 2 of the American 
Super Computing Leadership Act of 2017 (15 
U.S.C. 5541) is amended—
(A) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (3) through (6), re-
spectively; 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) DEPARTMENT.—The term ‘Department’ 
means the Department of Energy. 
‘‘(2) 
EXASCALE
COMPUTING.—The 
term 
‘exascale computing’ means computing through the 
use of a computing machine that performs near or 
above 10 to the 18th power operations per second.’’; 
and 
(C) in paragraph (6) (as redesignated by 
subparagraph (A)), by striking ‘‘, acting 
through the Director of the Office of Science of 
the Department of Energy’’. 
(3) DEPARTMENT OF ENERGY HIGH-END COM-
PUTING RESEARCH AND DEVELOPMENT PROGRAM.— 
Section 3 of the American Super Computing Leader-
ship Act of 2017 (15 U.S.C. 5542) is amended— 
(A) in subsection (a)(1), by striking ‘‘pro-
gram’’ and inserting ‘‘coordinated program 
across the Department’’;
(B) in subsection (b)(2), by striking ‘‘, 
which may’’ and all that follows through ‘‘archi-
tectures’’; and 
(C) by striking subsection (d) and insert-
ing the following: 
‘‘(d) EXASCALE COMPUTING PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct a research program (referred to in this sub-
section as the ‘Program’) for exascale computing, in-
cluding the development of two or more exascale 
computing machine architectures, to promote the 
missions of the Department. 
‘‘(2) EXECUTION.— 
‘‘(A) IN GENERAL.—In carrying out the 
Program, the Secretary shall— 
‘‘(i) establish two or more National 
Laboratory partnerships with industry 
partners and institutions of higher edu-
cation for the research and development of 
two or more exascale computing architec-
tures across all applicable organizations of 
the Department; 
‘‘(ii) conduct mission-related codesign 
activities in developing the exascale com-
puting architectures under clause (i);
‘‘(iii) develop such advancements in 
hardware and software technology as are 
required to fully realize the potential of an 
exascale production system in addressing 
Department target applications and solving 
scientific problems involving predictive 
modeling and simulation and large scale 
data analytics and management; 
‘‘(iv) explore the use of exascale com-
puting technologies to advance a broad 
range of science and engineering; and 
‘‘(v) provide, as appropriate, on a 
competitive, merit-reviewed basis, access 
for researchers in industries in the United 
States, institutions of higher education, 
National Laboratories, and other Federal 
agencies to the exascale computing systems 
developed pursuant to clause (i). 
‘‘(B) SELECTION OF PARTNERS.—The Sec-
retary shall select the partnerships with the 
computing facilities of the Department under 
subparagraph (A) through a competitive, peer- 
review process. 
‘‘(3) CODESIGN
AND
APPLICATION
DEVELOP-
MENT.—
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) carry out the Program through 
an integration of applications, computer 
science, applied mathematics, and com-
puter hardware architecture using the 
partnerships established pursuant to para-
graph (2) to ensure that, to the maximum 
extent practicable, two or more exascale 
computing machine architectures are capa-
ble of solving Department target applica-
tions and broader scientific problems, in-
cluding predictive modeling and simulation 
and large scale data analytics and manage-
ment; and 
‘‘(ii) conduct outreach programs to in-
crease the readiness for the use of such 
platforms by domestic industries, including 
manufacturers. 
‘‘(B) REPORT.—The Secretary shall sub-
mit to Congress a report describing— 
‘‘(i) how the integration under sub-
paragraph (A) is furthering application 
science data and computational workloads 
across application interests, including na-
tional security, material science, physical
science, cybersecurity, biological science, 
the Materials Genome and BRAIN Initia-
tives of the President, advanced manufac-
turing, and the national electric grid; and 
‘‘(ii) the roles and responsibilities of 
National Laboratories and industry, in-
cluding the definition of the roles and re-
sponsibilities within the Department to en-
sure an integrated program across the De-
partment. 
‘‘(4) PROJECT REVIEW.— 
‘‘(A) IN GENERAL.—The exascale architec-
tures developed pursuant to partnerships estab-
lished pursuant to paragraph (2) shall be re-
viewed through a project review process. 
‘‘(B) REPORT.—Not later than 90 days 
after the date of enactment of this subsection, 
the Secretary shall submit to Congress a report 
on— 
‘‘(i) the results of the review con-
ducted under subparagraph (A); and 
‘‘(ii) the coordination and manage-
ment of the Program to ensure an inte-
grated research program across the De-
partment.
‘‘(5) ANNUAL REPORTS.—At the time of the 
budget submission of the Department for each fiscal 
year, the Secretary, in consultation with the mem-
bers of the partnerships established pursuant to 
paragraph (2), shall submit to Congress a report 
that describes funding for the Program as a whole 
by functional element of the Department and critical 
milestones.’’. 
(b) HIGH-PERFORMANCE COMPUTING
AND NET-
WORKING RESEARCH.—The Director shall support re-
search in high-performance computing and networking rel-
evant to energy applications, including modeling, simula-
tion, and advanced data analytics for basic and applied 
energy research programs carried out by the Secretary. 
(c) APPLIED MATHEMATICS AND SOFTWARE DEVEL-
OPMENT FOR HIGH-END COMPUTING SYSTEMS.—The Di-
rector shall carry out activities to develop, test, and sup-
port— 
(1) mathematics, models, and algorithms for 
complex systems and programming environments; 
and 
(2) tools, languages, and operating systems for 
high-end computing systems (as defined in section 2 
of the American Super Computing Leadership Act of 
2017 (15 U.S.C. 5541)).
SEC. 305. HIGH-ENERGY PHYSICS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Director should incorporate the findings 
and recommendations of the report of the Particle 
Physics Project Prioritization Panel entitled ‘‘Build-
ing 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 in-
spire future generations of physicists and tech-
nologists. 
(b) INTERNATIONAL COLLABORATION.—The Direc-
tor, as practicable and in coordination with other appro-
priate Federal agencies as necessary, shall ensure the ac-
cess of United States researchers to the most advanced 
accelerator facilities and research capabilities in the world, 
including the Large Hadron Collider. 
(c) NEUTRINO RESEARCH.—The Director shall carry 
out research activities on rare decay processes and the na-
ture of the neutrino, which may include collaborations 
with the National Science Foundation or international col-
laborations.
(d) DARK
ENERGY
AND
DARK
MATTER
RE-
SEARCH.—The Director shall carry out research activities 
on the nature of dark energy and dark matter, which may 
include collaborations with the National Aeronautics and 
Space Administration or the National Science Foundation; 
or international collaborations. 
SEC. 306. BIOLOGICAL AND ENVIRONMENTAL RESEARCH. 
(a) BIOLOGICAL SYSTEMS.—The Director shall carry 
out research and development activities in fundamental, 
structural, computational, and systems biology to increase 
systems-level understanding of the complex biological sys-
tems, which may include activities— 
(1) to accelerate breakthroughs and new knowl-
edge 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 car-
bon 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 contami-
nants from subsurface environments. 
(b) LIMITATION FOR RESEARCH FUNDS.—The Di-
rector shall not approve new climate science-related initia-
tives without making a determination that such work is 
well-coordinated with any relevant work carried out by 
other Federal agencies. 
(c) LOW-DOSE RADIATION RESEARCH PROGRAM.— 
(1) IN GENERAL.—The Director shall carry out 
a research program on low-dose radiation. 
(2) PURPOSE.—The purpose of the program is 
to enhance the scientific understanding of, and re-
duce uncertainties associated with, the effects of ex-
posure to low-dose radiation to inform improved 
risk-management methods. 
SEC. 307. FUSION ENERGY. 
(a) FUSION MATERIALS RESEARCH AND DEVELOP-
MENT.—As part of the activities authorized in section 978 
of the Energy Policy Act of 2005 (42 U.S.C. 16318)— 
(1) the Director, in coordination with the As-
sistant Secretary for Nuclear Energy of the Depart-
ment, shall carry out research and development ac-
tivities 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 fu-
sion power; and 
(B) whether a single new facility that sub-
stantially addresses magnetic fusion and next 
generation fission materials research needs is 
feasible, in conjunction with the expected capa-
bilities of facilities operational as of the date of 
enactment of this Act. 
(b) TOKAMAK RESEARCH AND DEVELOPMENT.—The 
Director shall support research and development activities 
and facility operations to optimize the tokamak approach 
to fusion energy. 
(c) INERTIAL FUSION ENERGY RESEARCH AND DE-
VELOPMENT.—The Director shall support research and 
development activities for inertial fusion for energy appli-
cations. 
(d) ALTERNATIVE AND ENABLING CONCEPTS.—The 
Director shall support research and development activities
and facility operations at institutions of higher education, 
National Laboratories, and private facilities in the United 
States for a portfolio of alternative and enabling fusion 
energy concepts that may provide solutions to significant 
challenges to the establishment of a commercial magnetic 
fusion power plant, prioritized based on the ability of the 
United States to play a leadership role in the international 
fusion research community. 
(e) COORDINATION WITH ARPA–E.—The Director 
shall coordinate with the Director of the Advanced Re-
search Projects Agency-Energy (referred to in this sub-
section as ‘‘ARPA–E’’) to— 
(1) assess the potential for any fusion energy 
project supported by ARPA–E to represent a prom-
ising approach to a commercially viable fusion power 
plant; 
(2) determine whether the results of any fusion 
energy project supported by ARPA–E merit the sup-
port of follow-on research activities carried out by 
the Office of Science; and 
(3) avoid the unintentional duplication of activi-
ties. 
(f) FAIRNESS IN COMPETITION FOR SOLICITATIONS 
FOR INTERNATIONAL PROJECT ACTIVITIES.—Section 33 
of the Atomic Energy Act of 1954 (42 U.S.C. 2053) is
amended by inserting before the first sentence the fol-
lowing: ‘‘In this section, with respect to international re-
search projects, the term ‘private facilities or laboratories’ 
means facilities or laboratories located in the United 
States.’’. 
(g) IDENTIFICATION OF PRIORITIES.— 
(1) REPORT.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall submit to Congress a report on the 
fusion energy research and development activi-
ties 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 por-
tion of the budget for fusion energy research 
and development activities. 
(B) INCLUSIONS.—The report required 
under subparagraph (A) shall— 
(i) identify specific areas of fusion en-
ergy research and enabling technology de-
velopment in which the United States can 
and should establish or solidify a lead in
the global fusion energy development ef-
fort; 
(ii) identify priorities for initiation of 
facility construction and facility decommis-
sioning under each of the three budget sce-
narios 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 pro-
grams at institutions of higher education 
in the United States to train the leaders 
and workers of the next generation of fu-
sion energy researchers. 
(2) PROCESS.—In order to develop the report 
required under paragraph (1)(A), the Secretary shall 
leverage best practices and lessons learned from the 
process used to develop the most recent report of the 
Particle Physics Project Prioritization Panel of the 
High Energy Physics Advisory Panel. 
(3) REQUIREMENT.—No member of the Fusion 
Energy Sciences Advisory Committee shall be ex-
cluded from participating in developing or voting on 
final approval of the report required under para-
graph (1)(A).
SEC. 308. NUCLEAR PHYSICS. 
(a) ISOTOPE DEVELOPMENT AND PRODUCTION FOR 
RESEARCH APPLICATIONS.—The Director— 
(1) may carry out a program for the production 
of isotopes, including the development of techniques 
to produce isotopes, that the Secretary determines 
are needed for research, medical, industrial, or re-
lated purposes; and 
(2) shall ensure that isotope production activi-
ties carried out under the program under this para-
graph do not compete with private industry unless 
the Director determines that critical national inter-
ests require the involvement of the Federal Govern-
ment. 
(b) RENAMING
OF
THE RARE ISOTOPE ACCEL-
ERATOR.—Section 981 of the Energy Policy Act of 2005 
(42 U.S.C. 16321) is amended— 
(1) in the section heading, by striking ‘‘RARE 
ISOTOPE ACCELERATOR’’ and inserting ‘‘FACIL-
ITY FOR RARE ISOTOPE BEAMS’’; and 
(2) by striking ‘‘Rare Isotope Accelerator’’ each 
place it appears and inserting ‘‘Facility for Rare Iso-
tope Beams’’.
SEC. 309. SCIENCE LABORATORIES INFRASTRUCTURE PRO-
GRAM. 
(a) IN GENERAL.—The Director shall carry out a 
program to improve the safety, efficiency, and mission 
readiness of infrastructure at laboratories of the Office of 
Science. 
(b) INCLUSIONS.—The program under subsection (a) 
shall include projects— 
(1) to renovate or replace space that does not 
meet research needs; 
(2) to replace facilities that are no longer cost 
effective to renovate or operate; 
(3) to modernize utility systems to prevent fail-
ures and ensure efficiency; 
(4) to remove excess facilities to allow safe and 
efficient operations; and 
(5) to construct modern facilities to conduct ad-
vanced research in controlled environmental condi-
tions. 
TITLE IV—NUCLEAR ENERGY 
INNOVATION CAPABILITIES 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Nuclear Energy Inno-
vation Capabilities Act’’.
SEC. 402. NUCLEAR ENERGY INNOVATION CAPABILITIES. 
(a) NUCLEAR ENERGY.—Section 951 of the Energy 
Policy Act of 2005 (42 U.S.C. 16271) is amended to read 
as follows: 
‘‘SEC. 951. NUCLEAR ENERGY. 
‘‘(a) MISSION.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out programs of civilian nuclear research, develop-
ment, demonstration, and commercial application, 
including activities under this subtitle. 
‘‘(2) CONSIDERATIONS.—The programs carried 
out under paragraph (1) shall take into consider-
ation the following objectives: 
‘‘(A) Providing research infrastructure to 
promote scientific progress and enable users 
from academia, the National Laboratories, and 
the private sector to make scientific discoveries 
relevant for nuclear, chemical, and materials 
science engineering. 
‘‘(B) Maintaining nuclear energy research 
and development programs at the National 
Laboratories and institutions of higher edu-
cation, including infrastructure at the National 
Laboratories and institutions of higher edu-
cation.
‘‘(C) Providing the technical means to re-
duce the likelihood of nuclear proliferation. 
‘‘(D) Increasing confidence margins for 
public safety of nuclear energy systems. 
‘‘(E) Reducing the environmental impact 
of activities relating to nuclear energy. 
‘‘(F) Supporting technology transfer from 
the National Laboratories to the private sector. 
‘‘(G) Enabling the private sector to part-
ner with the National Laboratories to dem-
onstrate novel reactor concepts for the purpose 
of resolving technical uncertainty associated 
with the objectives described in subparagraphs 
(A) through (F). 
‘‘(b) DEFINITIONS.—In this subtitle: 
‘‘(1) 
ADVANCED
NUCLEAR
REACTOR.—The 
term ‘advanced nuclear reactor’ means— 
‘‘(A) a nuclear fission reactor with signifi-
cant improvements over the most recent genera-
tion of nuclear fission reactors, which may in-
clude— 
‘‘(i) inherent safety features; 
‘‘(ii) lower waste yields; 
‘‘(iii) greater fuel utilization; 
‘‘(iv) superior reliability;
‘‘(v) resistance to proliferation; 
‘‘(vi) increased thermal efficiency; and 
‘‘(vii) the ability to integrate into elec-
tric and nonelectric applications; or 
‘‘(B) a nuclear fusion reactor. 
‘‘(2) COMMISSION.—The term ‘Commission’ 
means the Nuclear Regulatory Commission. 
‘‘(3) FAST NEUTRON.—The term ‘fast neutron’ 
means a neutron with kinetic energy above 100 
kiloelectron volts. 
‘‘(4) NATIONAL LABORATORY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘National Labora-
tory’ has the meaning given the term in section 
2. 
‘‘(B) LIMITATION.—With respect to the 
Lawrence Livermore National Laboratory, the 
Los Alamos National Laboratory, and the 
Sandia National Laboratories, the term ‘Na-
tional Laboratory’ means only the civilian ac-
tivities of the laboratory. 
‘‘(5) NEUTRON FLUX.—The term ‘neutron flux’ 
means the intensity of neutron radiation measured 
as a rate of flow of neutrons applied over an area.
Act of 2005 (42 U.S.C. 16274(d)(4)) is amended by strik-
ing ‘‘as part of a taking into consideration effort that em-
phasizes’’ and inserting ‘‘that emphasize’’. 
(e) DEPARTMENT OF ENERGY CIVILIAN NUCLEAR 
INFRASTRUCTURE AND FACILITIES.—Section 955 of the 
Energy Policy Act of 2005 (42 U.S.C. 16275) is amend-
ed— 
(1) by striking subsections (c) and (d); and 
(2) by adding at the end the following: 
‘‘(c) VERSATILE NEUTRON SOURCE.— 
‘‘(1) MISSION NEED.— 
‘‘(A) IN
GENERAL.—Not later than De-
cember 31, 2017, the Secretary shall determine 
the mission need for a versatile reactor-based 
fast neutron source, which shall operate as a 
national user facility. 
‘‘(B) CONSULTATIONS REQUIRED.—In car-
rying out subparagraph (A), the Secretary shall 
consult with the private sector, institutions of 
higher education, the National Laboratories, 
and relevant Federal agencies to ensure that 
the user facility described in subparagraph (A) 
will meet the research needs of the largest prac-
ticable majority of prospective users.
‘‘(2) ESTABLISHMENT.—As soon as practicable 
after determining the mission need under paragraph 
(1)(A), the Secretary shall submit to the appropriate 
committees of Congress a detailed plan for the es-
tablishment of the user facility. 
‘‘(3) FACILITY REQUIREMENTS.— 
‘‘(A) CAPABILITIES.—The Secretary shall 
ensure that the user facility will provide, at a 
minimum, the following capabilities: 
‘‘(i) Fast neutron spectrum irradia-
tion capability. 
‘‘(ii) Capacity for upgrades to accom-
modate new or expanded research needs. 
‘‘(B) CONSIDERATIONS.—In carrying out 
the plan submitted under paragraph (2), the 
Secretary shall consider the following: 
‘‘(i) Capabilities that support experi-
mental high-temperature testing. 
‘‘(ii) Providing a source of fast neu-
trons at a neutron flux, higher than that 
at which current research facilities operate, 
sufficient to enable research for an optimal 
base of prospective users.
‘‘(iii) Maximizing irradiation flexibility 
and irradiation volume to accommodate as 
many concurrent users as possible. 
‘‘(iv) Capabilities for irradiation with 
neutrons of a lower energy spectrum. 
‘‘(v) Multiple loops for fuels and ma-
terials testing in different coolants. 
‘‘(vi) Additional pre-irradiation and 
post-irradiation examination capabilities. 
‘‘(vii) Lifetime operating costs and 
lifecycle costs. 
‘‘(4) DEADLINE
FOR
ESTABLISHMENT.—The 
Secretary shall, to the maximum extent practicable, 
complete construction of, and approve the start of 
operations for, the user facility by not later than De-
cember 31, 2025. 
‘‘(5) REPORTING.—The Secretary shall include 
in the annual budget request of the Department an 
explanation for any delay in the progress of the De-
partment in completing the user facility by the dead-
line described in paragraph (4). 
‘‘(6) COORDINATION.—The Secretary shall le-
verage the best practices for management, construc-
tion, and operation of national user facilities from 
the Office of Science.’’.
(f) SECURITY
OF NUCLEAR FACILITIES.—Section 
956 of the Energy Policy Act of 2005 (42 U.S.C. 16276) 
is amended by striking ‘‘, acting through the Director of 
the Office of Nuclear Energy, Science and Technology,’’. 
(g) HIGH-PERFORMANCE COMPUTATION AND SUP-
PORTIVE RESEARCH.—Section 957 of the Energy Policy 
Act of 2005 (42 U.S.C. 16277) is amended to read as 
follows: 
‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUP-
PORTIVE RESEARCH. 
‘‘(a) MODELING AND SIMULATION.—The Secretary 
shall carry out a program to enhance the capabilities of 
the United States to develop new reactor technologies 
through high-performance computation modeling and sim-
ulation techniques. 
‘‘(b) COORDINATION.—In carrying out the program 
under subsection (a), the Secretary shall coordinate with 
relevant Federal agencies as described by the National 
Strategic Computing Initiative established by Executive 
Order No. 13702 (80 Fed. Reg. 46177 (July 29, 2015)), 
while taking into account the following objectives: 
‘‘(1) Using expertise from the private sector, in-
stitutions of higher education, and the National 
Laboratories to develop computational software and 
capabilities that prospective users may access to ac-
celerate research and development of advanced nu-
clear reactor systems and reactor systems for space 
exploration. 
‘‘(2) Developing computational tools to simulate 
and predict nuclear phenomena that may be vali-
dated through physical experimentation. 
‘‘(3) Increasing the utility of the research infra-
structure of the Department by coordinating with 
the Advanced Scientific Computing Research pro-
gram within the Office of Science. 
‘‘(4) Leveraging experience from the Energy In-
novation Hub for Modeling and Simulation. 
‘‘(5) Ensuring that new experimental and com-
putational tools are accessible to relevant research 
communities, including private sector entities en-
gaged in nuclear energy technology development. 
‘‘(c) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec-
retary shall consider support for additional research activi-
ties to maximize the utility of the research facilities of the 
Department, including physical processes— 
‘‘(1) to simulate degradation of materials and 
behavior of fuel forms; and 
‘‘(2) for validation of computational tools.’’. 
(h) ENABLING NUCLEAR ENERGY INNOVATION.— 
Subtitle E of title IX of the Energy Policy Act of 2005
(42 U.S.C. 16271 et seq.) is amended by adding at the 
end the following: 
‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. 
‘‘(a) NATIONAL REACTOR INNOVATION CENTER.— 
‘‘(1) IN GENERAL.—There is authorized a pro-
gram to enable the testing and demonstration of re-
actor concepts to be proposed and funded by the pri-
vate sector. 
‘‘(2) PARTICIPATION.—Nothing in this section 
shall prevent a private sector entity that has re-
ceived Federal grants from participating in this pro-
gram. 
‘‘(b) TECHNICAL EXPERTISE.—In carrying out the 
program under subsection (a), the Secretary shall leverage 
the technical expertise of relevant Federal agencies and 
the National Laboratories in order to minimize the time 
required to enable construction and operation of privately 
funded experimental reactors at National Laboratories or 
other Department-owned sites. 
‘‘(c) OBJECTIVES.—The reactors described in sub-
section (b) shall operate to meet the following objectives: 
‘‘(1) Enabling physical validation of advanced 
nuclear reactor concepts. 
‘‘(2) Resolving technical uncertainty and in-
creasing practical knowledge relevant to safety, resil-
dustry of safe and innovative reactor tech-
nology; and 
‘‘(B) the Commission has access to the fa-
cilities described in subparagraph (A), as need-
ed. 
‘‘(f) REPORTING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Nuclear Energy 
Innovation Capabilities Act of 2017, the Secretary, 
in consultation with the National Laboratories, rel-
evant Federal agencies, and other stakeholders, shall 
submit to the appropriate committees of Congress a 
report assessing the capabilities of the Department 
to authorize, host, and oversee privately funded ex-
perimental advanced nuclear reactors as described in 
subsection (b). 
‘‘(2) CONTENTS.—The report submitted under 
paragraph (1) shall address— 
‘‘(A) the safety review and oversight capa-
bilities of the Department, including options to 
leverage expertise from the Commission and the 
National Laboratories; 
‘‘(B) options to regulate privately proposed 
and funded experimental reactors hosted by the 
Department;
‘‘(C) potential sites capable of hosting pri-
vately funded experimental advanced nuclear re-
actors; 
‘‘(D) the efficacy of the available contrac-
tual mechanisms of the Department to partner 
with the private sector and Federal agencies, 
including cooperative research and development 
agreements, strategic partnership projects, and 
agreements for commercializing technology; 
‘‘(E) the liability of the Federal Govern-
ment with respect to the disposal of low-level 
radioactive waste, spent nuclear fuel, or high- 
level radioactive waste (as those terms are de-
fined in section 2 of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10101)); 
‘‘(F) the impact on the aggregate inven-
tory in the United States of low-level radio-
active waste, spent nuclear fuel, or high-level 
radioactive waste (as those terms are defined in 
section 2 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101)); 
‘‘(G) potential cost structures relating to 
physical security, decommissioning, liability, 
and other long-term project costs; and
‘‘(H) other challenges or considerations 
identified by the Secretary. 
‘‘(3) UPDATES.—Once every 2 years, the Sec-
retary shall update relevant provisions of the report 
submitted under paragraph (1) and submit to the 
appropriate committees of Congress the update. 
‘‘(g) SAVINGS CLAUSES.— 
‘‘(1) LICENSING
REQUIREMENT.—Nothing in 
this section authorizes the Secretary or any person 
to construct or operate a nuclear reactor for the pur-
pose of demonstrating the suitability for commercial 
application of the nuclear reactor unless licensed by 
the Commission in accordance with section 202 of 
the Energy Reorganization Act of 1974 (42 U.S.C. 
5842). 
‘‘(2) FINANCIAL
PROTECTION.—Any activity 
carried out under this section that involves the risk 
of public liability shall be subject to the financial 
protection or indemnification requirements of section 
170 of the Atomic Energy Act of 1954 (42 U.S.C. 
2210) (commonly known as the ‘Price-Anderson 
Act’).’’. 
(i) BUDGET PLAN.—Subtitle E of title IX of the En-
ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as
amended by subsection (h)) is amended by adding at the 
end the following: 
‘‘SEC. 959. BUDGET PLAN. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the Nuclear Energy Innovation Ca-
pabilities Act of 2017, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Sen-
ate and the Committee on Science, Space, and Technology 
of the House of Representatives 2 alternative 10-year 
budget plans for civilian nuclear energy research and de-
velopment by the Secretary, as described in subsections 
(b) through (d). 
‘‘(b) BUDGET PLAN ALTERNATIVE 1.—One of the 
budget plans submitted under subsection (a) shall assume 
constant annual funding for 10 years at the appropriated 
level for the civilian nuclear energy research and develop-
ment of the Department for fiscal year 2016. 
‘‘(c) BUDGET PLAN ALTERNATIVE 2.—One of the 
budget plans submitted under subsection (a) shall be an 
unconstrained budget. 
‘‘(d) INCLUSIONS.—Each alternative budget plan 
submitted under subsection (a) shall include— 
‘‘(1) a prioritized list of the programs, projects, 
and activities of the Department to best support the
development of advanced nuclear reactor tech-
nologies; 
‘‘(2) realistic budget requirements for the De-
partment to implement sections 955(c), 957, and 
958; and 
‘‘(3) the justification of the Department for 
continuing or terminating existing civilian nuclear 
energy research and development programs.’’. 
(j) CONFORMING AMENDMENTS.—The table of con-
tents for the Energy Policy Act of 2005 is amended by 
striking the item relating to section 957 and inserting the 
following: 
‘‘957. High-performance computation and supportive research. 
‘‘958. Enabling nuclear energy innovation. 
‘‘959. Budget plan.’’. 
Passed the House of Representatives January 24, 
2017. 
Attest: 
Clerk.
115TH CONGRESS 
1ST SESSION 
H. R. 589 
AN ACT 
To establish Department of Energy policy for 
science and energy research and development 
programs, and reform National Laboratory man-
agement and technology transfer programs, and 
for other purposes.