US Codex
Pub. L.
Notes

Title II — Department of Energy Research Coordination

115th Congress · Approved Sep 28, 2018 · 132 Stat. 3130

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:

“(n) Protection of Information.—The following types of information collected by ARPA–E from recipients of financial assistance awards shall be considered commercial 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 provided in return for the investments.

“(3) Additional financial support that the awardee—

“(A) plans to or has invested into the technology 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 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 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 effectively 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 striking section 994 (42 U.S.C. 16358) and inserting the following:

“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 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 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, fundamental research related to topics of concern to the applied programs, and applications in Departmental technology programs of research results generated by fundamental, 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) of section 209 of the Department 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 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 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 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, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources;
(ii)
that produces nuclear energy;
(iii)
for carbon capture and sequestration;
(iv)
that enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings;
(v)
that generates, transmits, distributes, uses, or stores energy more efficiently than conventional technologies, 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 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” 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;
(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, demonstration, 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 establishing 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 technology or basic research focus.
(3)
Coordination.— The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities 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 entities;
(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 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 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 element of the consortium agreement required 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 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, demonstration, and commercial application of advanced energy technologies 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 conflict 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 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.