[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2503 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 2503
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2018
Ms. Murkowski (for herself and Ms. Cantwell) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
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.
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 technology 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 Department, except as otherwise
indicated.
(3) National laboratory.--The term ``National 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 MODERNIZATION 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 DEMONSTRATION 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 subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Early Stage Technology Demonstration.--The Secretary 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 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 security, and environmental goals;
(2) accelerating the pace of clean energy innovation in the
United States calls for--
(A) supporting existing research and development
programs 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
Department, 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
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 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 laboratory
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 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 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 determined
to be appropriate by the Secretary, increased authority to negotiate
contract terms, such as intellectual property rights, payment
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 entities.--To carry out
paragraph (1) and subject to paragraph (3), the Secretary shall
permit the directors of the National Laboratories to execute
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
coordination 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
program 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
Laboratories to the Department; and
(D) provides a recommendation regarding the future
of the pilot program.
(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
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 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
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 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 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 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 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:
``(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 one 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.
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 scientific
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 performance 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, 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 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 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 theoretical and fundamental knowledge of
photochemistry, electrochemistry, 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
sufficient 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) 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,
artificial photosynthetic systems.
``(2) Activities.--As part of the program described in
paragraph (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
photosynthetic components and materials.
``(2) Activities.--As part of the program described in
paragraph (1)--
``(A) the Director of the Office of Basic Energy
Sciences shall support basic research to expand
fundamental knowledge 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 storage;
``(iv) photoinitiated electron transfer;
and
``(v) catalysis in biological or biomimetic
systems;
``(B) the Associate Director of Biological and
Environmental Research shall support systems biology
and genomics approaches to understand 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 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 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
sufficient 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.--
``(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,
multivalent ion materials in electric energy storage systems.
``(2) Activities.--As part of the program described in
paragraph (1)--
``(A) the Director of the Office of Basic Energy
Sciences shall investigate electrochemical properties
and the dynamics of materials, 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 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 multivalent
systems.
``(2) Activities.--As part of the program described in
paragraph (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 development of high performance
computational tools through a joint development process
to maximize 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 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
scientific 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
paragraph (1)--
``(A) the Director of the Office of Basic Energy
Sciences and the Associate Director of Biological and
Environmental Research shall investigate phenomena of
mesoscale electrochemical 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 Computing
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
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 computing research and
development program.--Section 3 of the American 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
(C) by striking subsection (d) and inserting the
following:
``(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
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 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 management;
``(iv) explore the use of exascale
computing 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 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 partnerships 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 management;
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--
``(i) how the integration under
subparagraph (A) is furthering application
science data and computational 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 Laboratories 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
developed 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 Program to ensure an integrated research
program across the Department.
``(5) Annual reports.--At the time of the budget submission
of the Department for each fiscal year, the Secretary, in
consultation with the members 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 Networking Research.--The
Director shall support research in high-performance 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 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 Congress that--
(1) the Director should incorporate the findings and
recommendations 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.
(b) International Collaboration.--The Director, as practicable 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 Foundation
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, computational, 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
processes, for sequestration and storage; and
(3) to understand the biological mechanisms used to
transform, 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
associated 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
Secretary 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--
(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 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 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 Research Projects Agency-Energy (referred
to in this subsection as ``ARPA-E'') to--
(1) assess the potential for any fusion energy project
supported 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 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
following: ``In this section, with respect to international 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 scenarios, 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
subparagraph (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;
(ii) identify priorities for initiation of
facility construction and facility
decommissioning under each of the three budget
scenarios 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 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 participating 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 critical
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 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 failures and
ensure efficiency;
(4) to remove excess facilities to allow safe and efficient
operations; and
(5) to construct modern facilities to conduct advanced
research in controlled environmental conditions.
TITLE IV--NUCLEAR ENERGY INNOVATION CAPABILITIES
SEC. 401. SHORT TITLE.
This title may be cited as the ``Nuclear Energy Innovation
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, development, demonstration, and
commercial application, including activities under this
subtitle.
``(2) Considerations.--The programs carried out under
paragraph (1) shall take into consideration 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 education, including
infrastructure at the National Laboratories and
institutions of higher education.
``(C) Providing the technical means to reduce 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 partner with
the National Laboratories to demonstrate 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 significant
improvements over the most recent generation of nuclear
fission reactors, which may include--
``(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
electric 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 Laboratory' 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 `National Laboratory' means only the civilian
activities 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.
``(6) Neutron source.--The term `neutron source' means a
research machine that provides neutron irradiation services
for--
``(A) research on materials sciences and nuclear
physics; and
``(B) testing of advanced materials, nuclear fuels,
and other related components for reactor systems.''.
(b) Nuclear Energy Research Programs.--
(1) In general.--Section 952 of the Energy Policy Act of
2005 (42 U.S.C. 16272) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(2) Conforming amendment.--Section 641(b)(1) of the Energy
Policy Act of 2005 (42 U.S.C. 16021(b)(1)) is amended by
striking ``section 942(d)'' and inserting ``section 952(c)''.
(c) Advanced Fuel Cycle Initiative.--Section 953(a) of the Energy
Policy Act of 2005 (42 U.S.C. 16273(a)) is amended by striking ``,
acting through the Director of the Office of Nuclear Energy, Science
and Technology,''.
(d) University Nuclear Science and Engineering Support.--Section
954(d)(4) of the Energy Policy Act of 2005 (42 U.S.C. 16274(d)(4)) is
amended by striking ``as part of a taking into consideration effort
that emphasizes'' 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 amended--
(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 December 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 carrying 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
practicable 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 establishment 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 irradiation
capability.
``(ii) Capacity for upgrades to accommodate
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
experimental high-temperature testing.
``(ii) Providing a source of fast neutrons
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
materials 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 December 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 Department in completing the user
facility by the deadline described in paragraph (4).
``(6) Coordination.--The Secretary shall leverage the best
practices for management, construction, 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 Supportive 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 SUPPORTIVE 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
simulation 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, institutions
of higher education, and the National Laboratories to develop
computational software and capabilities that prospective users
may access to accelerate research and development of advanced
nuclear reactor systems and reactor systems for space
exploration.
``(2) Developing computational tools to simulate and
predict nuclear phenomena that may be validated through
physical experimentation.
``(3) Increasing the utility of the research infrastructure
of the Department by coordinating with the Advanced Scientific
Computing Research program within the Office of Science.
``(4) Leveraging experience from the Energy Innovation Hub
for Modeling and Simulation.
``(5) Ensuring that new experimental and computational
tools are accessible to relevant research communities,
including private sector entities engaged in nuclear energy
technology development.
``(c) Supportive Research Activities.--The Secretary shall consider
support for additional research activities 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 program to enable
the testing and demonstration of reactor concepts to be
proposed and funded by the private sector.
``(2) Participation.--Nothing in this section shall prevent
a private sector entity that has received Federal grants from
participating in this program.
``(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 subsection (b) shall
operate to meet the following objectives:
``(1) Enabling physical validation of advanced nuclear
reactor concepts.
``(2) Resolving technical uncertainty and increasing
practical knowledge relevant to safety, resilience, security,
and functionality of advanced nuclear reactor concepts.
``(3) General research and development to improve nascent
technologies.
``(d) Sharing Technical Expertise.--In carrying out the program
under subsection (a), the Secretary may enter into a memorandum of
understanding with the Chairman of the Commission in order to share
technical expertise and knowledge through--
``(1) enabling the testing and demonstration of advanced
nuclear reactor concepts to be proposed and funded by the
private sector;
``(2) operating a database to store and share data and
knowledge relevant to nuclear science and engineering between
Federal agencies and the private sector;
``(3) developing and testing electric and nonelectric
integration and energy conversion systems relevant to advanced
nuclear reactors;
``(4) leveraging expertise from the Commission with respect
to safety analysis; and
``(5) enabling technical staff of the Commission to
actively observe and learn about technologies developed under
the program.
``(e) Agency Coordination.--The Chairman of the Commission and the
Secretary shall enter into a memorandum of understanding regarding the
following:
``(1) Ensuring that--
``(A) the Department has sufficient technical
expertise to support the timely research, development,
demonstration, and commercial application by the
civilian nuclear industry of safe and innovative
advanced nuclear reactor technology; and
``(B) the Commission has sufficient technical
expertise to support the evaluation of applications for
licenses, permits, and design certifications and other
requests for regulatory approval for advanced nuclear
reactors.
``(2) The use of computers and software codes to calculate
the behavior and performance of advanced nuclear reactors based
on mathematical models of the physical behavior of advanced
nuclear reactors.
``(3) Ensuring that--
``(A) the Department maintains and develops the
facilities necessary to enable the timely research,
development, demonstration, and commercial application
by the civilian nuclear industry of safe and innovative
reactor technology; and
``(B) the Commission has access to the facilities
described in subparagraph (A), as needed.
``(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, relevant 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 experimental
advanced nuclear reactors as described in subsection (b).
``(2) Contents.--The report submitted under paragraph (1)
shall address--
``(A) the safety review and oversight capabilities
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 privately
funded experimental advanced nuclear reactors;
``(D) the efficacy of the available contractual
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 Government with
respect to the disposal of low-level radioactive 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));
``(F) the impact on the aggregate inventory in the
United States of low-level radioactive 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 Secretary 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 purpose 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 Energy 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 Capabilities Act of 2017,
the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate 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 development 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
development 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 technologies;
``(2) realistic budget requirements for the Department 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 contents 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.''.
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