42 U.S.C. § 18632 — Energy Innovation Hubs

Page 9168 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18631 ordination with directors of the National Lab- oratories, 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 Depart- ment; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency The Secretary, in coordination with direc- tors of the National Laboratories, shall sub- mit 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 contract or award to carry out agreements pursuant to this section. (Pub. L. 115–246, title I, § 107, Sept. 28, 2018, 132 Stat. 3132.) SUBCHAPTER II—DEPARTMENT OF ENERGY RESEARCH COORDINATION § 18631. Crosscutting research and development (a) In general The Secretary shall use the capabilities of the Department to identify strategic opportunities for collaborative research, development, dem- onstration, and commercial application of inno- vative science and technologies. (b) Existing programs; coordination of activities To the maximum extent practicable, the Sec- retary shall seek— (1) to leverage existing programs of the De- partment; and (2) to consolidate and coordinate activities throughout the Department to promote col- laboration and crosscutting approaches within programs of the Department. (c) Additional actions The Secretary shall— (1) prioritize activities that use all afford- able domestic resources; (2) develop a planning, evaluation, and tech- nical assessment framework for setting objec- tive 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 under- taken 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 ef- fectively left to the States, industry, non- governmental organizations, institutions of higher education, or other stakeholders. (Pub. L. 115–246, title II, § 203, Sept. 28, 2018, 132 Stat. 3135.) § 18632. 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 re- sources; (ii) that produces nuclear energy; (iii) for carbon capture and sequestra- tion; (iv) that enables advanced vehicles, vehi- cle components, and related technologies that result in significant energy savings; (v) that generates, transmits, distrib- utes, uses, or stores energy more effi- ciently than conventional technologies, in- cluding through Smart Grid technologies; or (vi) that enhances the energy independ- ence 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, demonstra- tion, 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 tech- nology area identified by the Secretary. (2) Hub (A) In general The term ‘‘Hub’’ means an Energy Innova- tion Hub established under this section. (B) Inclusion The term ‘‘Hub’’ includes any Energy In- novation Hub in existence on September 28, 2018. (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 de- velopment center of the Department; (C) a nongovernmental organization with expertise in advanced energy technology re- search, development, demonstration, or commercial application; or (D) any other relevant entity the Sec- retary determines appropriate. (b) Authorization of program (1) In general The Secretary shall carry out a program to enhance the economic, environmental, and en- ergy security of the United States by making awards to consortia for establishing and oper- ating hubs, to be known as ‘‘Energy Innova- tion Hubs’’, to conduct and support, at, if practicable, one centralized location, multi- disciplinary, collaborative research, develop- ment, demonstration, and commercial applica- tion of advanced energy technologies. (2) Technology development focus The Secretary shall designate for each Hub a unique advanced energy technology or basic research focus. Page 9169 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18632 (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 Depart- ment, including the National Laboratories, the Advanced Research Projects Agency— Energy, and Energy Frontier Research Cen- ters; and (B) industry. (c) Application process (1) Eligibility To be eligible to receive an award for the es- tablishment and operation of a Hub under sub- section (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 consortium, that documents— (i) the proposed partnership agreement, including the governance and management structure of the Hub; (ii) measures the consortium will under- take to enable cost-effective implementa- tion of activities under the program de- scribed in subsection (b)(1); and (iii) a proposed budget, including finan- cial contributions from non-Federal sources; and (C) operate as a nonprofit organization. (2) Application (A) In general A consortium seeking to establish and op- erate a Hub under subsection (b)(1) shall sub- mit 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 paragraph (1)(B). (B) Requirement If the consortium members will not be lo- cated at one centralized location, the appli- cation under subparagraph (A) shall include a communications plan that ensures close coordination and integration of Hub activi- ties. (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 con- sortium 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, September 28, 2018— (A) may continue to receive support dur- ing 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 multi- disciplinary, collaborative research, develop- ment, demonstration, and commercial applica- tion of advanced energy technologies within the technology development focus designated under subsection (b)(2). (2) Activities Each Hub shall— (A) encourage collaboration and commu- nication among the member qualifying enti- ties 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 Depart- ment 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 in- terest 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 build- ings or facilities for Hubs; and (ii) construction of new buildings or fa- cilities shall not be considered as part of the non-Federal share of a Hub cost-shar- ing 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 con- struction of a test bed or renovations to ex- isting 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. (Pub. L. 115–246, title II, § 206, Sept. 28, 2018, 132 Stat. 3137.) Page 9170 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18641 SUBCHAPTER III—DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY § 18641. Basic energy sciences (a) Program As part of the activities authorized under sec- tion 7139 of this title, the Director shall carry out a research and development program in basic energy sciences, including materials sciences and engineering, chemical sciences, physical biosciences, geosciences, and other dis- ciplines, to understand, model, and control mat- ter and energy at the electronic, atomic, and molecular levels in order to provide the founda- tions for new energy technologies, address sci- entific grand challenges, and support the en- ergy, environment, and national security mis- sions of the Department. (b) Sustainable chemistry In carrying out chemistry-related research and development activities under this section, the Director shall prioritize research and devel- opment of sustainable chemistry to support clean, safe, and economic alternatives and meth- odologies to traditional chemical products and processes. (c) Energy Frontier Research Centers (1) In general The Director shall carry out a program to provide awards, on a competitive, merit-re- viewed basis, to multi-institutional collabora- tions 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 ex- istence and supported by the Director on September 28, 2018, 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 re- cipient of an award may reapply for selec- tion on a competitive, merit-reviewed basis. (D) Termination Consistent with the existing authorities of the Department, the Director may termi- nate an underperforming center for cause during the performance period. (4) No funding for construction No funding provided pursuant to this sub- section may be used for the construction of new buildings or facilities. (d) 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 na- tional user facilities developed, constructed, operated, or maintained under paragraph (1) shall serve the needs of the Department, in- dustry, the academic community, and other relevant entities to create and examine mate- rials and chemical processes for the purpose of improving the competitiveness of the United States. (3) Included facilities The national user facilities developed, con- structed, operated, or maintained under para- graph (1) shall include— (A) x-ray light sources; (B) neutron sources; (C) nanoscale science research centers; (D) autonomous chemistry and materials synthesis and characterization facilities that leverage advances in artificial intel- ligence; and (E) such other facilities as the Director considers appropriate, consistent with sec- tion 7139 of this title. (4) Advanced Photon Source upgrade (A) Definitions In this paragraph: (i) Flux The term ‘‘flux’’ means the rate of flow of photons. (ii) Hard x-ray The term ‘‘hard x-ray’’ means a photon with energy greater than 20 kiloelectron volts. (B) Upgrade The Secretary shall provide for the up- grade to the Advanced Photon Source de- scribed in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled ‘‘Report on Facility Upgrades’’, including the development of a multibend achromat lattice to produce a high flux of coherent x-rays within the hard x-ray energy region and a suite of beamlines optimized for this source. (C) Start of operations The Secretary shall, subject to the avail- ability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before March 31, 2026. (D) Funding Out of funds authorized to be appropriated under subsection (j), there is authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph $14,200,000 for fiscal year 2023. (5) Spallation Neutron Source proton power upgrade (A) In general The Secretary shall provide for the proton power upgrade to the Spallation Neutron Source. (B) Proton power upgrade defined In this paragraph, the term ‘‘proton power upgrade’’ means the Spallation Neutron Source power upgrade described in—