An act to establish Department of Energy policy for science and energy research and development programs, and reform National Laboratory management and technology transfer programs, and for other purposes
PL 115-246 (H.R.589), enacted 09/28/2018

132 STAT. 3130 
PUBLIC LAW 115–246—SEPT. 28, 2018 
Public Law 115–246 
115th Congress 
An Act 
To establish Department of Energy policy for science and energy research and 
development programs, and reform National Laboratory management and tech-
nology transfer programs, and for other purposes. 
Be it enacted by the Senate and House of Representatives 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. 
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 Department, except as otherwise 
indicated. 
42 USC 18601. 
42 USC 18601 
note. 
Department of 
Energy Research 
and Innovation 
Act. 
Sept. 28, 2018 
[H.R. 589] 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00150
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3131 
PUBLIC LAW 115–246—SEPT. 28, 2018 
(3) NATIONAL LABORATORY.—The term ‘‘National Labora-
tory’’ 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 
MODERNIZA-
TION AND TECHNOLOGY TRANSFER 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Laboratory Modernization and 
Technology Transfer Act’’. 
SEC. 102. INCLUSION OF EARLY STAGE TECHNOLOGY DEMONSTRA-
TION IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVI-
TIES. 
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) 
is amended— 
(1) by redesignating subsection (g) as subsection (h); and 
(2) by inserting after subsection (f) the following: 
‘‘(g) EARLY STAGE TECHNOLOGY DEMONSTRATION.—The Sec-
retary shall permit the directors of the National 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 
applications of any research and technologies arising from National 
Laboratory activities.’’. 
SEC. 103. SENSE OF CONGRESS ON ACCELERATING ENERGY INNOVA-
TION. 
It is the sense of Congress that— 
(1) although important progress has been made in cost 
reduction and deployment of clean energy technologies, accel-
erating clean energy innovation will help meet critical competi-
tiveness, energy security, and environmental goals; 
(2) accelerating the pace of clean energy innovation in 
the United States calls for— 
(A) supporting existing research and development pro-
grams at the Department and the world-class National 
Laboratories; 
(B) exploring and developing new pathways for 
innovators, investors, and decision-makers to leverage the 
resources of the Department for addressing the challenges 
and comparative strengths of geographic regions; and 
(C) recognizing the financial constraints of the Depart-
ment, regularly reviewing clean energy programs to ensure 
that taxpayer investments are maximized; 
(3) the energy supply, demand, policies, markets, and 
resource options of the United States vary by geographic region; 
(4) a regional approach to innovation can bridge the gaps 
between local talent, institutions, and industries to identify 
opportunities and convert United States investment into 
domestic companies; and 
(5) Congress, the Secretary, and energy industry partici-
pants should advance efforts that promote international, 
42 USC 18611. 
42 USC 18601 
note. 
Laboratory 
Modernization 
and Technology 
Transfer Act. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00151
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3132 
PUBLIC LAW 115–246—SEPT. 28, 2018 
domestic, and regional cooperation on the research and develop-
ment 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 RESEARCH 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 administrative overhead to labora-
tory directed research and development. 
(b) EXCEPTION FOR NATIONAL SECURITY LABORATORIES.—This 
section shall not apply to the national security laboratories with 
respect to which section 3119 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328) applies. 
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 transaction administered by the Department. 
(b) REQUIREMENTS.—Each listing described in subsection (a) 
shall include, at a minimum, for each listed project, the Department 
office carrying out the project, the project name, an abstract or 
summary of the project, funding levels, project duration, contractor 
or grantee name (including the names of any subcontractors), and 
expected objectives and milestones. 
(c) RELEVANT LITERATURE AND PATENTS.—The Secretary shall 
provide information through the public database established under 
subsection (a) on relevant literature and patents that are associated 
with each research and development project contract, grant, or 
cooperative agreement, or other transaction, of the Department. 
SEC. 106. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT. 
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 commit-
tees 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 
technologies to the private sector. 
SEC. 107. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT 
PROGRAM. 
(a) IN GENERAL.—The Secretary shall carry out the Agreements 
for Commercializing Technology pilot program of the Department, 
as announced by the Secretary on December 8, 2011, in accordance 
with this section. 
(b) TERMS.—Each agreement entered into pursuant to the pilot 
program referred to in subsection (a) shall provide to the contractor 
of the applicable National Laboratory, to the maximum extent deter-
mined to be appropriate by the Secretary, increased authority to 
42 USC 18615. 
Reports. 
Recommenda- 
tions. 
42 USC 18614. 
Public 
information. 
42 USC 18613. 
42 USC 18612. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00152
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3133 
PUBLIC LAW 115–246—SEPT. 28, 2018 
negotiate contract terms, such as intellectual property rights, pay-
ment structures, performance guarantees, and multiparty collabora-
tions. 
(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 ENTITIES.—To carry 
out paragraph (1) and subject to paragraph (3), the Secretary 
shall permit the directors of the National Laboratories to exe-
cute agreements with a non-Federal entity, including a non- 
Federal entity already receiving Federal funding that will be 
used to support activities under agreements executed pursuant 
to paragraph (1), provided that such funding is solely used 
to carry out the purposes of the Federal award. 
(3) RESTRICTION.—The requirements of chapter 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 funding agreement 
is eligible to receive rights under that chapter. 
(d) SUBMISSION
TO SECRETARY.—Each affected director of a 
National Laboratory shall submit to the Secretary, with respect 
to each agreement entered into under this section— 
(1) a summary of information relating to the relevant 
project; 
(2) the total estimated costs of the project; 
(3) estimated commencement and completion dates of the 
project; and 
(4) other documentation determined to be appropriate by 
the Secretary. 
(e) 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 apparent conflict 
of interest, and avoids or neutralizes any actual conflict of 
interest, as a result of the agreement 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 coordina-
tion with directors of the National Laboratories, shall submit 
to the appropriate committees of Congress a report that— 
(A) assesses the overall effectiveness of the pilot pro-
gram referred to in subsection (a); 
(B) identifies opportunities to improve the effectiveness 
of the pilot program; 
(C) assesses the potential for program activities to 
interfere with the responsibilities of the National Labora-
tories to the Department; and 
(D) provides a recommendation regarding the future 
of the pilot program. 
Recommenda- 
tions. 
Assessments. 
Coordination. 
Timeframe 
estimate. 
Cost estimate. 
Summary. 
Applicability. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00153
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3134 
PUBLIC LAW 115–246—SEPT. 28, 2018 
(2) TRANSPARENCY.—The Secretary, in coordination with 
directors of the National Laboratories, shall submit to the 
appropriate committees of Congress an annual report that 
accounts for all incidences of, and provides a justification for, 
non-Federal entities using funds derived from a Federal con-
tract 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 Policy 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 HIGHER EDUCATION 
AND OTHER NONPROFIT INSTITUTIONS.— 
‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to 
a research or development activity performed by an institu-
tion 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 
exemption 
under 
subparagraph (A) shall apply during the 2-year period 
beginning on the date of enactment of this paragraph.’’. 
(b) REPORTS.— 
(1) INITIAL REPORT.—As soon as practicable after the date 
of enactment of this Act, the Secretary shall submit to the 
appropriate committees of Congress a report that describes 
the use of cost-sharing waivers by the Department under sec-
tion 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 appropriate committees of Congress a report 
that describes the use of cost-sharing waivers by the Depart-
ment 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 ENERGY 
RESEARCH COORDINATION 
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 subsection (o); and 
(3) by inserting after subsection (m) the following: 
42 USC 18601 
note. 
Department of 
Energy Research 
Coordination Act. 
Time periods. 
Applicability. 
Time period. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00154
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3135 
PUBLIC LAW 115–246—SEPT. 28, 2018 
‘‘(n) PROTECTION
OF INFORMATION.—The following types of 
information collected by ARPA–E from recipients of financial assist-
ance awards shall be considered commercial and financial informa-
tion 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 provided in return for the investments. 
‘‘(3) Additional financial support that the awardee— 
‘‘(A) plans to or has invested into the technology devel-
oped 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 conducted under the 
award.’’. 
SEC. 203. CROSSCUTTING RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall use the capabilities of 
the Department to identify strategic opportunities for collaborative 
research, development, demonstration, and commercial application 
of innovative science and technologies. 
(b) EXISTING PROGRAMS; COORDINATION OF ACTIVITIES.—To the 
maximum extent practicable, the Secretary shall seek— 
(1) to leverage existing programs of the Department; and 
(2) to consolidate and coordinate activities throughout the 
Department 
to 
promote 
collaboration 
and 
crosscutting 
approaches within programs of the Department. 
(c) ADDITIONAL ACTIONS.—The Secretary shall— 
(1) prioritize activities that use all affordable domestic 
resources; 
(2) develop a planning, evaluation, and technical assess-
ment framework for setting objective long-term strategic goals 
and evaluating progress that— 
(A) ensures integrity and independence; and 
(B) provides the flexibility to adapt to market 
dynamics; 
(3) ensure that activities shall be undertaken in a manner 
that does not duplicate other activities within the Department 
or other Federal Government activities; and 
(4) identify programs that may be more effectively left 
to the States, industry, nongovernmental organizations, institu-
tions of higher education, or other stakeholders. 
SEC. 
204. 
STRATEGIC 
RESEARCH 
PORTFOLIO 
ANALYSIS 
AND 
COORDINATION PLAN. 
The Energy Policy Act of 2005 is amended by striking section 
994 (42 U.S.C. 16358) and inserting the following: 
42 USC 18631. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00155
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3136 
PUBLIC LAW 115–246—SEPT. 28, 2018 
‘‘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 account— 
‘‘(1) the frontiers of science to which the Department can 
contribute; 
‘‘(2) the national needs relevant to the statutory 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 application activities across organizational bound-
aries 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 Department; 
‘‘(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 interchange within 
the Department, particularly between the Office of Science 
and the applied technology programs, could be enhanced, 
including 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 fundamental, curiosity-driven research, fun-
damental research related to topics of concern to the 
applied programs, and applications in Departmental tech-
nology programs of research results generated by funda-
mental, curiosity-driven research; 
‘‘(E) critical assessments of any ongoing programs that 
have experienced subpar performance or cost overruns of 
10 percent or more over 1 or more years; 
‘‘(F) any activities that may be more effectively left 
to the States, industry, nongovernmental organizations, 
institutions of higher education, or other stakeholders; and 
‘‘(G) detailed evaluations and proposals for innovation 
hubs, institutes, and research centers of the Department, 
including— 
‘‘(i) an affirmation that the hubs, institutes, and 
research centers will— 
‘‘(I) advance the mission of the Department; 
and 
‘‘(II) prioritize research, development, and 
demonstration; and 
‘‘(ii) an affirmation that any hubs, institutes, or 
research centers that are established or renewed within 
the Office of Science are consistent with the mission 
of the Office of Science described in subsection (c) 
Evaluations. 
Proposals. 
Assessments. 
42 USC 16358. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00156
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3137 
PUBLIC LAW 115–246—SEPT. 28, 2018 
of section 209 of the Department of Energy Organiza-
tion 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 INFRASTRUCTURE. 
(a) AMENDMENTS.—Section 993 of the Energy Policy Act of 
2005 (42 U.S.C. 16357) is amended— 
(1) by striking the section heading and inserting the fol-
lowing: ‘‘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 amended by striking 
the item relating to section 993 and inserting 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, geo-
thermal, biomass, tidal, wave, ocean, or other renew-
able energy resources; 
(ii) that produces nuclear energy; 
(iii) for carbon capture and sequestration; 
(iv) that enables advanced vehicles, vehicle compo-
nents, and related technologies that result in signifi-
cant energy savings; 
(v) that generates, transmits, distributes, uses, or 
stores energy more efficiently than conventional tech-
nologies, including through Smart Grid technologies; 
or 
(vi) that enhances the energy independence and 
security of the United States by enabling improved 
or expanded supply and production of domestic energy 
resources, including coal, oil, and natural gas; 
(B) 
a 
research, 
development, 
demonstration, 
or 
commercial application activity necessary to ensure the 
long-term, secure, and sustainable supply of an energy- 
critical element; or 
(C) any other innovative energy technology area identi-
fied 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’’ includes any Energy 
Innovation Hub in existence on the date of enactment 
of this Act. 
(3) QUALIFYING
ENTITY.—The term ‘‘qualifying entity’’ 
means— 
(A) an institution of higher education; 
42 USC 18632. 
Time period. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00157
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3138 
PUBLIC LAW 115–246—SEPT. 28, 2018 
(B) an appropriate State or Federal entity, including 
a federally funded research and development center of the 
Department; 
(C) a nongovernmental organization with expertise in 
advanced energy technology research, development, dem-
onstration, or commercial 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, environmental, and energy security 
of the United States by making awards to consortia for estab-
lishing and operating hubs, to be known as ‘‘Energy Innovation 
Hubs’’, to conduct and support, at, if practicable, one centralized 
location, multidisciplinary, collaborative research, development, 
demonstration, and commercial application of advanced energy 
technologies. 
(2) TECHNOLOGY
DEVELOPMENT
FOCUS.—The Secretary 
shall designate for each Hub a unique advanced energy tech-
nology or basic research focus. 
(3) COORDINATION.—The Secretary shall ensure the 
coordination of, and avoid unnecessary duplication of, the activi-
ties of each Hub with the activities of— 
(A) other research entities of the Department, including 
the National Laboratories, the Advanced Research Projects 
Agency—Energy, and Energy Frontier Research Centers; 
and 
(B) industry. 
(c) 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 enti-
ties; 
(B) operate subject to a binding agreement, entered 
into by each member of the consortium, that documents— 
(i) the proposed partnership agreement, including 
the governance and management structure of the Hub; 
(ii) measures the consortium will undertake to 
enable cost-effective implementation of activities under 
the program described in subsection (b)(1); and 
(iii) a proposed budget, including financial con-
tributions 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 subsection (b)(1) shall submit 
to the Secretary an application at such time, in such 
manner, and containing such information as the Secretary 
may require, including a detailed description of each ele-
ment of the consortium agreement required under para-
graph (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. 
Designation. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00158
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3139 
PUBLIC LAW 115–246—SEPT. 28, 2018 
(3) SELECTION.— 
(A) IN GENERAL.—The Secretary shall select consortia 
for awards for the establishment and operation of Hubs 
through a competitive selection process. 
(B) CONSIDERATIONS.—In selecting consortia under 
subparagraph (A), the Secretary shall consider— 
(i) the information disclosed by the consortium 
under this subsection; and 
(ii) any existing facilities a consortium will provide 
for Hub activities. 
(d) 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 appropriations, after which the award 
may be renewed, subject to a rigorous merit review. 
(2) EXISTING HUBS.—A Hub already in existence 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 establishment 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, dem-
onstration, and commercial application of advanced energy tech-
nologies within the technology development focus designated 
under subsection (b)(2). 
(2) ACTIVITIES.—Each Hub shall— 
(A) encourage collaboration and communication among 
the member qualifying entities of the consortium and 
awardees; 
(B) develop and publish proposed plans and programs 
on a publicly accessible website; 
(C) submit an annual report to the Department 
summarizing the activities of the Hub, including— 
(i) detailing organizational expenditures; and 
(ii) describing each project undertaken by the Hub; 
and 
(D) monitor project implementation and coordination. 
(3) CONFLICTS OF INTEREST.—Each Hub shall maintain con-
flict of interest procedures, consistent with the conflict of 
interest procedures of the Department. 
(4) PROHIBITION ON CONSTRUCTION.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B)— 
(i) no funds provided under this section may be 
used for construction of new buildings or facilities for 
Hubs; and 
(ii) construction of new buildings or facilities shall 
not be considered as part of the non-Federal share 
of a Hub cost-sharing agreement. 
(B) TEST BED AND RENOVATION EXCEPTION.—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 
Reports. 
Plans. 
Web posting. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00159
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3140 
PUBLIC LAW 115–246—SEPT. 28, 2018 
buildings or facilities for the purposes of research if the 
Secretary determines that the test bed or renovations are 
limited to a scope and scale necessary for the research 
to be conducted. 
TITLE III—DEPARTMENT OF ENERGY 
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 Organization 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 sci-
entific tools to transform the understanding of nature and to 
advance the energy, economic, and national 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 collaborations or other appropriate entities 
to conduct fundamental and use-inspired energy research to 
accelerate scientific breakthroughs. 
(2) COLLABORATIONS.—A collaboration receiving an award 
under this subsection may include multiple 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 supported 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 establishment 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 Director may terminate 
an underperforming center for cause during the perform-
ance period. 
(4) NO FUNDING FOR CONSTRUCTION.—No funding provided 
pursuant to this subsection may be used for the construction 
of new buildings or facilities. 
(b) BASIC ENERGY SCIENCES USER FACILITIES.— 
(1) IN GENERAL.—The Director shall carry out a program 
for the development, construction, operation, and maintenance 
of national user facilities. 
(2) REQUIREMENTS.—To the maximum extent practicable, 
the national user facilities developed, constructed, operated, 
42 USC 18641. 
42 USC 18641. 
42 USC 18601 
note. 
Department of 
Energy Office of 
Science Policy 
Act. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00160
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3141 
PUBLIC LAW 115–246—SEPT. 28, 2018 
or maintained under paragraph (1) shall serve the needs of 
the Department, industry, the academic community, and other 
relevant entities to create and examine materials and chemical 
processes for the purpose of improving the competitiveness 
of the United States. 
(3) INCLUDED
FACILITIES.—The national user facilities 
developed, constructed, operated, or maintained under para-
graph (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 appro-
priate, consistent with section 209 of the Department of 
Energy Organization Act (42 U.S.C. 7139). 
(c) ACCELERATOR RESEARCH AND DEVELOPMENT.—The Director 
shall carry out research and development on advanced accelerator 
and storage ring technologies relevant to the development of basic 
energy sciences user facilities, in consultation with the High Energy 
Physics and Nuclear Physics programs of the Office of Science. 
(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 theo-
retical and fundamental knowledge of photochemistry, electro-
chemistry, biochemistry, and materials science useful for the 
practical development of experimental systems 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 aggressive, milestone- 
driven, basic research goals. 
‘‘(C) RESOURCES.—The Secretary shall provide suffi-
cient resources to the multidisciplinary 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 subsection through Energy 
Consultation. 
42 USC 18641. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00161
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3142 
PUBLIC LAW 115–246—SEPT. 28, 2018 
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 research needed to bridge 
scientific barriers to, and discover knowledge relevant to, artifi-
cial photosynthetic systems. 
‘‘(2) ACTIVITIES.—As part of the program described in para-
graph (1)— 
‘‘(A) the Director of the Office of Basic Energy Sciences 
shall support basic research to pursue distinct lines of 
scientific inquiry, including— 
‘‘(i) photoinduced production of hydrogen and 
oxygen from water; and 
‘‘(ii) the sustainable photoinduced reduction 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 validation 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 achievement of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the program 
described in paragraph (1) may be obligated or expended for 
commercial application of energy technology. 
‘‘(c) BIOCHEMISTRY, REPLICATION OF NATURAL PHOTOSYNTHESIS, 
AND RELATED PROCESSES.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry out under 
the Initiative a program to support research needed to replicate 
natural photosynthetic processes by use of artificial photosyn-
thetic components and materials. 
‘‘(2) ACTIVITIES.—As part of the program described in para-
graph (1)— 
‘‘(A) the Director of the Office of Basic Energy Sciences 
shall support basic research to expand fundamental knowl-
edge to replicate natural synthesis processes, including— 
‘‘(i) the photoinduced reduction of dinitrogen to 
ammonia; 
‘‘(ii) the absorption of carbon dioxide from ambient 
air; 
‘‘(iii) molecular-based charge separation and stor-
age; 
‘‘(iv) photoinitiated electron transfer; and 
‘‘(v) catalysis in biological or biomimetic systems; 
‘‘(B) the Associate Director of Biological and Environ-
mental Research shall support systems biology and 
genomics approaches to understand genetic and physio-
logical pathways connected to photosynthetic mechanisms; 
and 
‘‘(C) the Assistant Secretary for Energy Efficiency and 
Renewable Energy shall support translational research, 
development, and validation of physical concepts developed 
under the program. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00162
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3143 
PUBLIC LAW 115–246—SEPT. 28, 2018 
‘‘(3) STANDARD
OF
REVIEW.—The Secretary shall review 
activities carried out under the program described in paragraph 
(1) to determine the achievement of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the program 
described in paragraph (1) may be obligated or expended for 
commercial application of energy 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 ‘Electricity Storage Research 
Initiative’ (referred to in this section as the ‘Initiative’)— 
‘‘(A) to expand theoretical and fundamental knowledge 
to control, store, and convert— 
‘‘(i) electrical energy to chemical energy; and 
‘‘(ii) chemical energy to electrical energy; and 
‘‘(B) to support scientific inquiry into the practical 
understanding of chemical and physical processes that 
occur within systems involving 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 aggressive, milestone- 
driven, basic research goals. 
‘‘(C) RESOURCES.—The Secretary shall provide suffi-
cient resources to the multidisciplinary 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 subsection through Energy 
Frontier Research Centers, Energy Innovation Hubs, or other 
organizational structures. 
‘‘(b) MULTIVALENT SYSTEMS.— 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00163
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3144 
PUBLIC LAW 115–246—SEPT. 28, 2018 
‘‘(1) IN
GENERAL.—The Secretary shall carry out under 
the Initiative a program to support research needed to bridge 
scientific barriers to, and discover knowledge relevant to, multi-
valent ion materials in electric energy storage systems. 
‘‘(2) ACTIVITIES.—As part of the program described in para-
graph (1)— 
‘‘(A) the Director of the Office of Basic Energy Sciences 
shall investigate electrochemical properties and the 
dynamics of materials, including charge transfer phe-
nomena and mass transport in materials; and 
‘‘(B) the Assistant Secretary for Energy Efficiency and 
Renewable Energy shall support translational research, 
development, and validation 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 achievement of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the program 
described in paragraph (1) may be obligated or expended for 
commercial application of energy technology. 
‘‘(c) ELECTROCHEMISTRY MODELING AND SIMULATION.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry out under 
the Initiative a program to support research to model and 
simulate organic electrolytes, including the static and dynamic 
electrochemical behavior and phenomena of organic electrolytes 
at the molecular and atomic level in monovalent and multi-
valent systems. 
‘‘(2) ACTIVITIES.—As part of the program described in para-
graph (1)— 
‘‘(A) the Director of the Office of Basic Energy Sciences, 
in coordination with the Associate Director of Advanced 
Scientific Computing Research, shall support the develop-
ment of high performance computational tools through a 
joint development process to maximize the effectiveness 
of current and projected high performance computing sys-
tems; and 
‘‘(B) the Assistant Secretary for Energy Efficiency and 
Renewable Energy shall support translational research, 
development, and validation 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 achievement of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the program 
described in paragraph (1) may be obligated or expended for 
commercial application of energy technology. 
‘‘(d) MESOSCALE ELECTROCHEMISTRY.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry out under 
the Initiative a program to support research needed to reveal 
electrochemistry in confined mesoscale spaces, including sci-
entific discoveries relevant to— 
‘‘(A) bio-electrochemistry and electrochemical energy 
conversion and storage in confined spaces; and 
‘‘(B) the dynamics of the phenomena described in 
subparagraph (A). 
‘‘(2) ACTIVITIES.—As part of the program described in para-
graph (1)— 
Coordination. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00164
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3145 
PUBLIC LAW 115–246—SEPT. 28, 2018 
‘‘(A) the Director of the Office of Basic Energy Sciences 
and the Associate Director of Biological and Environmental 
Research shall investigate phenomena of mesoscale electro-
chemical confinement for the purpose of replicating and 
controlling new electrochemical behavior; and 
‘‘(B) the Assistant Secretary for Energy Efficiency and 
Renewable Energy shall support translational research, 
development, and validation 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 achievement of technical milestones. 
‘‘(4) PROHIBITION.—No funds allocated to the program 
described in paragraph (1) may be obligated or expended for 
commercial application of energy 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 Department of 
Energy High-End Computing Revitalization 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 ‘‘Department of Energy High-End Computing 
Revitalization Act of 2004’’ and inserting ‘‘American Super 
Computing Leadership Act of 2017’’. 
(2) DEFINITIONS.—Section 2 of the American Super Com-
puting Leadership Act of 2017 (15 U.S.C. 5541) is amended— 
(A) by redesignating paragraphs (2) through (5) as 
paragraphs (3) through (6), respectively; 
(B) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(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
COMPUTING 
RESEARCH AND DEVELOPMENT PROGRAM.—Section 3 of the Amer-
ican Super Computing Leadership Act of 2017 (15 U.S.C. 5542) 
is amended— 
(A) in subsection (a)(1), by striking ‘‘program’’ and 
inserting ‘‘coordinated program across the Department’’; 
(B) in subsection (b)(2), by striking ‘‘, which may’’ and 
all that follows through ‘‘architectures’’; and 
42 USC 18642. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00165
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3146 
PUBLIC LAW 115–246—SEPT. 28, 2018 
(C) by striking subsection (d) and inserting the fol-
lowing: 
‘‘(d) EXASCALE COMPUTING PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall conduct a research 
program (referred to in this subsection as the ‘Program’) for 
exascale computing, including the development of two or more 
exascale computing machine architectures, to promote the mis-
sions 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 education for the research and development 
of two or more exascale computing architectures across 
all applicable organizations of the Department; 
‘‘(ii) conduct mission-related codesign activities in 
developing the exascale computing 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 manage-
ment; 
‘‘(iv) explore the use of exascale computing tech-
nologies to advance a broad range of science and 
engineering; and 
‘‘(v) provide, as appropriate, on a competitive, 
merit-reviewed basis, access for researchers in indus-
tries in the United States, institutions of higher edu-
cation, National Laboratories, and other Federal agen-
cies to the exascale computing systems developed 
pursuant to clause (i). 
‘‘(B) SELECTION
OF
PARTNERS.—The Secretary shall 
select the partnerships with the computing facilities of 
the Department under subparagraph (A) through a 
competitive, peer-review process. 
‘‘(3) CODESIGN AND APPLICATION DEVELOPMENT.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) carry out the Program through an integration 
of applications, computer science, applied mathematics, 
and computer hardware architecture using the partner-
ships established pursuant to paragraph (2) to ensure 
that, to the maximum extent practicable, two or more 
exascale computing machine architectures are capable 
of solving Department target applications and broader 
scientific problems, including predictive modeling and 
simulation and large scale data analytics and manage-
ment; and 
‘‘(ii) conduct outreach programs to increase the 
readiness for the use of such platforms by domestic 
industries, including manufacturers. 
‘‘(B) REPORT.—The Secretary shall submit to Congress 
a report describing— 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00166
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3147 
PUBLIC LAW 115–246—SEPT. 28, 2018 
‘‘(i) how the integration under subparagraph (A) 
is furthering application science data and computa-
tional workloads across application interests, including 
national security, material science, physical science, 
cybersecurity, biological science, the Materials Genome 
and BRAIN Initiatives of the President, advanced 
manufacturing, and the national electric grid; and 
‘‘(ii) the roles and responsibilities of National Lab-
oratories and industry, including the definition of the 
roles and responsibilities within the Department to 
ensure an integrated program across the Department. 
‘‘(4) PROJECT REVIEW.— 
‘‘(A) IN GENERAL.—The exascale architectures devel-
oped pursuant to partnerships established pursuant to 
paragraph (2) shall be reviewed 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 conducted under 
subparagraph (A); and 
‘‘(ii) the coordination and management of the Pro-
gram to ensure an integrated research program across 
the Department. 
‘‘(5) ANNUAL REPORTS.—At the time of the budget submis-
sion of the Department for each fiscal year, the Secretary, 
in consultation with the members of the partnerships estab-
lished 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 mile-
stones.’’. 
(b) 
HIGH-PERFORMANCE
COMPUTING
AND
NETWORKING 
RESEARCH.—The Director shall support research in high-perform-
ance computing and networking relevant to energy applications, 
including modeling, simulation, and advanced data analytics for 
basic and applied energy research programs carried out by the 
Secretary. 
(c) APPLIED MATHEMATICS AND SOFTWARE DEVELOPMENT FOR 
HIGH-END COMPUTING SYSTEMS.—The Director shall carry out 
activities to develop, test, and support— 
(1) mathematics, models, and algorithms for complex sys-
tems 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 Congress that— 
(1) the Director should incorporate the findings and rec-
ommendations of the report of the Particle Physics Project 
Prioritization Panel entitled ‘‘Building for Discovery: Strategic 
Plan for U.S. Particle Physics in the Global Context’’ into 
the planning process of the Department; and 
(2) the nations that lead in particle physics by hosting 
international teams dedicated to a common scientific goal 
attract the world’s best talent and inspire future generations 
of physicists and technologists. 
42 USC 18643. 
Consultation. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00167
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3148 
PUBLIC LAW 115–246—SEPT. 28, 2018 
(b) INTERNATIONAL COLLABORATION.—The Director, as prac-
ticable and in coordination with other appropriate Federal agencies 
as necessary, shall ensure the access of United States researchers 
to the most advanced accelerator facilities and research capabilities 
in the world, including the Large Hadron Collider. 
(c) NEUTRINO RESEARCH.—The Director shall carry out research 
activities on rare decay processes and the nature of the neutrino, 
which may include collaborations with the National Science Founda-
tion or international collaborations. 
(d) DARK ENERGY AND DARK MATTER RESEARCH.—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, computa-
tional, and systems biology to increase systems-level understanding 
of the complex biological systems, which may include activities— 
(1) to accelerate breakthroughs and new knowledge that 
would enable the cost-effective, sustainable production of— 
(A) biomass-based liquid transportation fuels; 
(B) bioenergy; and 
(C) biobased materials; 
(2) to improve understanding of the global carbon cycle, 
including processes for removing carbon dioxide from the 
atmosphere, through photosynthesis and other biological proc-
esses, for sequestration and storage; and 
(3) to understand the biological mechanisms used to trans-
form, immobilize, or remove contaminants from subsurface 
environments. 
(b) LIMITATION FOR RESEARCH FUNDS.—The Director shall not 
approve new climate science-related initiatives without making a 
determination that such work is well-coordinated with any relevant 
work carried out by other Federal agencies. 
(c) 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 reduce uncertainties associ-
ated with, the effects of exposure to low-dose radiation to inform 
improved risk-management methods. 
SEC. 307. FUSION ENERGY. 
(a) FUSION MATERIALS RESEARCH AND DEVELOPMENT.—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 Assistant Sec-
retary for Nuclear Energy of the Department, shall carry out 
research and development activities to identify, characterize, 
and demonstrate materials that can endure the neutron, 
plasma, and heat fluxes expected in a fusion power system; 
and 
(2) the Director shall provide an assessment of— 
Assessment. 
Coordination. 
42 USC 18645. 
42 USC 18644. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00168
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3149 
PUBLIC LAW 115–246—SEPT. 28, 2018 
(A) the need for one or more facilities that can examine 
and test potential fusion and next generation fission mate-
rials and other enabling technologies relevant to the 
development of fusion power; and 
(B) whether a single new facility that substantially 
addresses magnetic fusion and next generation fission 
materials research needs is feasible, in conjunction with 
the expected capabilities of facilities operational as of 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 DEVELOPMENT.— 
The Director shall support research and development activities 
for inertial fusion for energy applications. 
(d) ALTERNATIVE AND ENABLING CONCEPTS.—The Director shall 
support research and development activities and facility operations 
at institutions of higher education, National Laboratories, and pri-
vate 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 mag-
netic 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 coordi-
nate with the Director of the Advanced Research Projects Agency- 
Energy (referred to in this subsection as ‘‘ARPA–E’’) to— 
(1) assess the potential for any fusion energy project sup-
ported by ARPA–E to represent a promising approach to a 
commercially viable fusion power plant; 
(2) determine whether the results of any fusion energy 
project supported by ARPA–E merit the support of follow-on 
research activities carried out by the Office of Science; and 
(3) avoid the unintentional duplication of activities. 
(f) FAIRNESS IN COMPETITION FOR SOLICITATIONS FOR INTER-
NATIONAL 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 following: ‘‘In this section, with respect to inter-
national research 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 Secretary shall submit 
to Congress a report on the fusion energy research and 
development activities that the Department proposes to 
carry out over the 10-year period following the date of 
the report under not fewer than 3 realistic budget sce-
narios, including a scenario based on 3-percent annual 
growth in the non-ITER portion of the budget for fusion 
energy research and development activities. 
(B) INCLUSIONS.—The report required under subpara-
graph (A) shall— 
(i) identify specific areas of fusion energy research 
and enabling technology development in which the 
United States can and should establish or solidify a 
lead in the global fusion energy development effort; 
Time period. 
Definition. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00169
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3150 
PUBLIC LAW 115–246—SEPT. 28, 2018 
(ii) identify priorities for initiation of facility 
construction and facility decommissioning under each 
of the three budget scenarios described in subpara-
graph (A); and 
(iii) assess the ability of the fusion workforce of 
the United States to carry out the activities identified 
under clauses (i) and (ii), including the adequacy of 
programs at institutions of higher education in the 
United States to train the leaders and workers of the 
next generation of fusion energy researchers. 
(2) 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 excluded from partici-
pating in developing or voting on final approval of the report 
required under paragraph (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 related purposes; and 
(2) shall ensure that isotope production activities carried 
out under the program under this paragraph do not compete 
with private industry unless the Director determines that crit-
ical national interests require the involvement of the Federal 
Government. 
(b) RENAMING OF THE RARE ISOTOPE ACCELERATOR.—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 ‘‘FACILITY FOR RARE ISOTOPE 
BEAMS’’; and 
(2) by striking ‘‘Rare Isotope Accelerator’’ each place it 
appears and inserting ‘‘Facility for Rare Isotope Beams’’. 
SEC. 309. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM. 
(a) IN GENERAL.—The Director shall carry out a program to 
improve the safety, efficiency, and mission readiness of infrastruc-
ture 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 failures and 
ensure efficiency; 
(4) to remove excess facilities to allow safe and efficient 
operations; and 
42 USC 18647. 
42 USC 18646. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00170
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 3151 
PUBLIC LAW 115–246—SEPT. 28, 2018 
LEGISLATIVE HISTORY—H.R. 589 (S. 1460) (S. 2503): 
SENATE REPORTS: Nos. 115–242 and 115–241, accompanying S. 2503, (both from 
Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 163 (2017): Jan. 24, considered and passed House. 
Vol. 164 (2018): July 23, considered and passed Senate, amended. 
Sept. 13, House concurred in Senate amendment. 
(5) to construct modern facilities to conduct advanced 
research in controlled environmental conditions. 
Approved September 28, 2018. 
VerDate Sep 11 2014 
12:30 Jan 18, 2024
Jkt 079194
PO 00000
Frm 00171
Fmt 6580
Sfmt 6580
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 3\79194PT3.001
79194PT3
whamilton on LAP1Z6H6L3PROD with STATUTES