[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1065 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1065
To increase collaboration between offices within the Department of
Energy to develop and deploy technology to assist the mission of the
Office of Environmental Management.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2021
Mrs. Murray (for herself and Mr. Manchin) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To increase collaboration between offices within the Department of
Energy to develop and deploy technology to assist the mission of the
Office of Environmental Management.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Management Liability
Reduction and Technology Development Act of 2021''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish programs--
(1) to develop and deploy technologies in a timely manner
to better fulfill the mission of the Office of Environmental
Management of the Department of Energy;
(2) to coordinate available technologies with remediation
projects to enable the start, and cost-efficient and economical
completion, of remediation projects;
(3) to establish a consistent process for technology
development to achieve long-term solutions rather than
developing technologies to address 1 phase of a project at a
time, which potentially increases the long-term cleanup costs;
(4) to reduce aggregate cost, better protect workers, and
complete the mission more effectively and safely; and
(5) to develop new technology and to train a skilled
workforce to enable the Secretary of Energy to address the
significant challenges the Department faces.
SEC. 3. DEFINITIONS.
In this Act:
(1) Complex.--The term ``complex'' means all sites managed
in whole or in part by the Office.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) Mission.--The term ``mission'' means the mission of the
Office.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Office.--The term ``Office'' means the Office of
Environmental Management of the Department.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for
Environmental Management.
(8) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
SEC. 4. INDEPENDENT ASSESSMENT AND MANAGEMENT.
(a) Independent Assessment.--
(1) In general.--The Secretary shall obtain from the Corps
of Engineers an independent assessment of the lifecycle costs
and schedules of the cleanup programs of the Office.
(2) Focus of assessment.--The assessment under paragraph
(1) shall be focused on identifying key remaining technical
risks and uncertainties of the cleanup programs.
(3) Use of assessment.--The Office shall use the assessment
under paragraph (1)--
(A) to reevaluate the major cleanup challenges
faced by the Office, including the timeline and costs
associated with addressing those challenges with
existing science and technology investments;
(B) to make any adjustments to the science and
technology development program of the Office that are
necessary to address those major cleanup challenges;
(C) to evaluate potential savings from the
development of new technologies over the life of the
cleanup programs of the Office; and
(D) to provide recommendations to Congress with
respect to the annual funding levels for the
Incremental Technology Development Program established
under section 5(a), the High-Impact Technology
Development Program established under section 6(a), and
the Fundamental Research Program established under
section 7(a) that will ensure maximum cost-savings over
the life of the cleanup programs of the Office.
(4) No effect on program implementation.--Nothing in this
subsection affects the establishment, implementation, or
carrying out of any project or program under any other
provision of law, including this Act, during the time period in
which the assessment under paragraph (1) is carried out.
(b) Management Process.--The Secretary shall design and implement a
science and technology management process for identifying,
prioritizing, selecting, developing, and deploying the new knowledge
and technologies needed to address the cleanup challenges faced by the
Office, including the technical risks and uncertainties identified by
the assessment under subsection (a).
(c) Peer Review.--The Secretary shall use independent peer review
to evaluate--
(1) the science and technology management process designed
under subsection (b) before that process is implemented;
(2) any science and technology projects before those
projects are funded; and
(3) the overall effectiveness and impact of the science and
technology efforts of the Office.
SEC. 5. INCREMENTAL TECHNOLOGY DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a program, to be
known as the ``Incremental Technology Development Program'' (referred
to in this section as the ``program''), to improve the efficiency and
effectiveness of the cleanup processes of the Office.
(b) Focus.--
(1) In general.--The program shall focus on the continuous
improvement of new or available technologies for--
(A) decontamination chemicals and techniques;
(B) remote sensing and wireless communication to
reduce manpower and laboratory efforts;
(C) detection, assay, and certification
instrumentation;
(D) packaging materials, methods, and shipping
systems; and
(E) improving the overall efficiency and
effectiveness of the Office.
(2) Other areas.--The program may include mission-relevant
development, demonstration, and deployment activities unrelated
to the focus areas described in paragraph (1).
(c) Use of New and Emerging Technologies.--
(1) In general.--In carrying out the program, the Secretary
shall ensure that site offices of the Office conduct technology
development and demonstration of new and emerging technologies
to establish a sound technical basis for the selection of
technologies for cleanup or infrastructure operations.
(2) Collaboration required.--The Secretary shall
collaborate with the heads of other Federal agencies, the
National Laboratories, other Federal laboratories, appropriate
State regulators and agencies, and the Department of Labor in
the development, demonstration, and deployment of new
technologies under the program.
(d) Grant Program.--
(1) In general.--In carrying out the program, the Secretary
may provide to eligible entities grants for technology
development, demonstration, and deployment projects to improve
technologies in accordance with subsection (b).
(2) Eligible entities.--Entities eligible to receive a
grant under the program include--
(A) the National Laboratories;
(B) other Federal laboratories;
(C) institutions of higher education;
(D) contractors; and
(E) small business concerns.
(3) Selection.--The Secretary shall select eligible
entities for grants under the program through a rigorous
process that involves--
(A) transparent and open competition; and
(B) an independent peer review process described in
paragraph (4).
(4) Peer review process.--
(A) In general.--Each technology development,
demonstration, and deployment project of an eligible
entity under consideration for a grant under the
program shall undergo an independent peer review
process by a panel of not fewer than 3 peer reviewers
selected in accordance with subparagraph (C), who shall
evaluate the project in accordance with the criteria
described in subparagraph (B), with the goal of
maximizing--
(i) returns on the research and development
expenditures of the Office; and
(ii) the return on investment of grant
funds awarded under the program.
(B) Criteria.--The general criteria for peer review
under subparagraph (A) shall include, with respect to
each project, including any technology to be developed,
demonstrated, or deployed by the project, an evaluation
of--
(i) mission relevancy;
(ii) scientific and technical validity;
(iii) ability to meet an existing mission
void;
(iv) superiority to alternatives;
(v) cost effectiveness;
(vi) ability to reduce risk;
(vii) regulatory acceptance;
(viii) public acceptance; and
(ix) likelihood of implementation.
(C) Peer reviewers.--
(i) In general.--A peer reviewer for a
project under subparagraph (A) shall be
selected--
(I) through a systematic approach
to accessing peer reviewer information
that ensures the appropriate range of
expertise for the peer review panel;
and
(II) from among--
(aa) contractors;
(bb) the National
Laboratories;
(cc) other Federal
Laboratories;
(dd) institutions of higher
education; and
(ee) members of relevant
professional societies.
(ii) Minimization of doe participation.--To
the maximum extent practicable, the peer
reviewer selection process under clause (i)
shall minimize the participation of staff of
the Department as peer reviewers.
(iii) Minimization of conflicts of
interest.--A peer reviewer selected under
clause (i) to review the project may not be
affiliated with the eligible entity or the
project being reviewed.
(D) Review process.--Each panel of peer reviewers
shall review the project--
(i) using a process of regular review and
staged decision making that is comparable to
other peer review programs; and
(ii) with rigorous attention to--
(I) the collection of activity; and
(II) the achievement of performance
metrics.
(5) Cost-sharing.--The Federal share of the costs of the
development, demonstration, and deployment of new technologies
carried out using a grant under this subsection shall be not
more than 70 percent.
(e) Funding.--There is authorized to be appropriated to carry out
the program--
(1) $30,000,000 for each of fiscal years 2022 through 2024;
and
(2) $50,000,000 for fiscal year 2025 and each fiscal year
thereafter.
SEC. 6. HIGH-IMPACT TECHNOLOGY DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a program, to be
known as the ``High-Impact Technology Development Program'' (referred
to in this section as the ``program''), under which the Secretary shall
make grants to eligible entities for projects that pursue technologies
that, with respect to the mission--
(1) holistically address difficult challenges;
(2) hold the promise of breakthrough improvements; or
(3) align existing or in-use technologies with difficult
challenges.
(b) Workshop.--The Secretary shall commence the program with a
workshop to identify, with respect to the technologies developed
pursuant to the program--
(1) the challenges that need to be addressed; and
(2) how--
(A) to maximize the impact of existing resources of
the Office; and
(B) to ensure that the technology development
targets challenges across the complex.
(c) Areas of Focus.--Areas of focus of a project receiving a grant
under this section may include--
(1) developing and demonstrating improved methods for
source and plume characterization and monitoring, with an
emphasis on--
(A) real-time field acquisition; and
(B) the use of indicator species analyses with
advanced contaminant transport models to enable better
understanding of contaminant migration;
(2) developing and determining the limits of performance
for remediation technologies and integrated remedial systems
that prevent migration of contaminants, including by producing
associated guidance and design manuals for technologies that
could be widely used across the complex;
(3) demonstrating advanced monitoring approaches that use
multiple lines of evidence for monitoring long-term performance
of--
(A) remediation systems; and
(B) noninvasive near-field monitoring techniques;
(4) developing and demonstrating methods to characterize
the physical and chemical attributes of waste that control
behavior, with an emphasis on--
(A) rapid and nondestructive examination and assay
techniques; and
(B) methods to determine radio-nuclide, heavy
metals, and organic constituents;
(5) demonstrating the technical basis for determining when
enhanced or natural attenuation is an appropriate approach for
remediation of complex sites;
(6) developing and demonstrating innovative methods to
achieve real-time and, if practicable, in situ characterization
data for tank waste and process streams that could be useful
for all phases of the waste management program, including
improving characterization of residual waste in tanks;
(7) adapting existing treatment technologies or
demonstrating new treatment technologies at the pilot plant
scale using real wastes or realistic surrogates--
(A) to address engineering adaptations; and
(B) to enable successful deployment at full-scale
and in support of operations;
(8) developing and demonstrating rapid testing protocols
that--
(A) are accepted by the Environmental Protection
Agency, the Nuclear Regulatory Commission, the
Department, and the scientific community;
(B) can be used to measure long-term waste form
performance under realistic disposal environments;
(C) can determine whether a stabilized waste is
suitable for disposal; and
(D) reduce the need for extensive, time-consuming,
and costly analyses on every batch of waste prior to
disposal;
(9) developing and demonstrating direct stabilization
technologies to provide waste forms for disposing of elemental
mercury; and
(10) developing and demonstrating innovative and effective
retrieval methods for removal of residual materials from tanks
and connecting pipelines.
(d) Project Selection.--
(1) Eligible entities.--Entities eligible to receive a
grant under the program include--
(A) the National Laboratories;
(B) other Federal laboratories;
(C) institutions of higher education;
(D) contractors; and
(E) small business concerns.
(2) Selection.--The Secretary shall select eligible
entities for grants under the program through a rigorous
process that involves--
(A) transparent and open competition; and
(B) an independent peer review process described in
paragraph (3).
(3) Peer review process.--
(A) In general.--Each project of an eligible entity
under consideration for a grant under the program shall
undergo an independent peer review process by a panel
of not fewer than 3 peer reviewers selected in
accordance with subparagraph (B).
(B) Peer reviewers.--
(i) In general.--A peer reviewer for a
project under subparagraph (A) shall be
selected--
(I) through a systematic approach
to accessing peer reviewer information
that ensures the appropriate range of
expertise for the peer review panel;
and
(II) from--
(aa) a relevant database,
such as a database of chemical
engineers, geologists,
physicists, materials
scientists, or biologists; or
(bb) among members of
relevant professional
societies.
(ii) Minimization of doe participation.--To
the maximum extent practicable, the peer
reviewer selection process under clause (i)
shall minimize the participation of staff of
the Department as peer reviewers.
(iii) Minimization of conflicts of
interest.--A peer reviewer selected under
clause (i) to review the project may not be
affiliated with the eligible entity or the
project being reviewed.
(C) Review process.--Each panel of peer reviewers
shall review the project--
(i) using a process of regular review and
staged decision making that is comparable to
other peer review programs; and
(ii) with rigorous attention to--
(I) the collection of activity; and
(II) the achievement of performance
metrics.
(e) Funding.--There is authorized to be appropriated to carry out
the program $150,000,000 for fiscal year 2022 and each fiscal year
thereafter.
SEC. 7. FUNDAMENTAL RESEARCH PROGRAM.
(a) Establishment.--The Director of the Office of Science (referred
to in this section as the ``Director'') shall establish a program, to
be known as the ``Fundamental Research Program'' (referred to in this
section as the ``program''), under which the Director shall make grants
to eligible entities for projects focused on developing new knowledge
and capabilities that are associated with the challenges of the
mission.
(b) Administration.--The Director shall--
(1) manage the program in close coordination with the
Assistant Secretary of Energy for Environmental Management;
(2) specifically tailor the program to the mission; and
(3) align the program with long-term, 5- to 10-year site
milestones agreed to by Federal regulators and the States, so
that the science developed pursuant to the program can--
(A) progress effectively; and
(B) provide the understanding necessary to develop
solutions that align with the site timelines.
(c) Areas of Focus.--Areas of focus of a project receiving a grant
under this section may include research on--
(1) the atomic- and molecular-scale chemistries of waste
processing;
(2) contaminant immobilization in engineered and natural
systems;
(3) developing innovative materials, with an emphasis on
nanomaterials or biomaterials, that could enable sequestration
of challenging hazardous or radioactive constituents such as
technetium and iodine;
(4) elucidating and exploiting complex speciation and
reactivity far from equilibrium;
(5) understanding and controlling chemical and physical
processes at interfaces;
(6) harnessing physical and chemical processes to
revolutionize separations;
(7) tailoring waste forms for contaminants in harsh
chemical environments; or
(8) predicting and understanding subsurface system behavior
and response to perturbations.
(d) Program Requirements.--.
(1) Eligible entities.--Entities eligible to receive a
grant under the program include--
(A) the National Laboratories;
(B) other Federal laboratories;
(C) institutions of higher education;
(D) contractors; and
(E) small business concerns.
(2) Selection.--The Secretary shall select eligible
entities for grants under the program through a rigorous
process that involves--
(A) transparent and open competition; and
(B) an independent peer review process described in
paragraph (3).
(3) Peer review process.--
(A) In general.--Each project of an eligible entity
under consideration for a grant under the program shall
undergo an independent peer review process by a panel
of not fewer than 3 peer reviewers selected in
accordance with subparagraph (B).
(B) Peer reviewers.--
(i) In general.--A peer reviewer for a
project under subparagraph (A) shall be
selected--
(I) through a systematic approach
to accessing peer reviewer information
that ensures the appropriate range of
expertise for the peer review panel;
and
(II) from--
(aa) a relevant database,
such as a database of chemical
engineers, geologists,
physicists, materials
scientists, or biologists; or
(bb) among members of
relevant professional
societies.
(ii) Minimization of doe participation.--To
the maximum extent practicable, the peer
reviewer selection process under clause (i)
shall minimize the participation of staff of
the Department as peer reviewers.
(iii) Minimization of conflicts of
interest.--A peer reviewer selected under
clause (i) to review the project may not be
affiliated with the eligible entity or the
project being reviewed.
(C) Review process.--Each panel of peer reviewers
shall review the project--
(i) using a process of regular review and
staged decision making that is comparable to
other peer review programs; and
(ii) with rigorous attention to--
(I) the collection of activity; and
(II) the achievement of performance
metrics.
(e) Funding.--There is authorized to be appropriated to carry out
the program $30,000,000 for fiscal year 2022 and each fiscal year
thereafter.
SEC. 8. ENVIRONMENTAL MANAGEMENT UNIVERSITY PROGRAM.
(a) Establishment.--The Secretary shall establish a program, to be
known as the ``Environmental Management University Program'' (referred
to in this section as the ``program'')--
(1) to engage faculty, post-doctoral fellows or
researchers, and graduate students of institutions of higher
education on subjects relating to the mission to show a clear
path for students for employment with the Department;
(2) to provide to institutions of higher education--
(A) a source of new ideas; and
(B) access to advances in engineering and science;
(3) to clearly identify to institutions of higher education
the tools necessary to enter into the environmental management
field professionally; and
(4) to encourage current employees of the Department to
pursue advanced degrees.
(b) Areas of Focus.--Areas of focus of a project receiving a grant
under this section may include--
(1) the atomic- and molecular-scale chemistries of waste
processing;
(2) contaminant immobilization in engineered and natural
systems;
(3) developing innovative materials, with an emphasis on
nanomaterials or biomaterials, that could enable sequestration
of challenging hazardous or radioactive constituents such as
technetium and iodine;
(4) elucidating and exploiting complex speciation and
reactivity far from equilibrium;
(5) understanding and controlling chemical and physical
processes at interfaces;
(6) harnessing physical and chemical processes to
revolutionize separations;
(7) tailoring waste forms for contaminants in harsh
chemical environments; or
(8) predicting and understanding subsurface system behavior
and response to perturbations.
(c) Individual Research Grants.--In carrying out the program, the
Secretary may make individual research grants, in the amount of not
less than $150,000 but not more than $300,000 per year, to faculty,
post-doctoral fellows or researchers, and graduate students of
institutions of higher education for 3-year research projects, with an
option for an extension of 1 additional period of 2 years.
(d) Grants for Interdisciplinary Collaborations.--In carrying out
the program, the Secretary may make research grants, in the amount of
not more than $400,000 per year for each grant, for strategic
partnerships among scientists, faculty, post-doctoral fellows or
researchers, and graduate students of institutions of higher education
for 3-year research projects.
(e) Hiring of Undergraduates.--In carrying out the program, the
Secretary may establish a summer internship program for undergraduates
of institutions of higher education to work on projects relating to
environmental management.
(f) Workshops.--In carrying out the program, the Secretary may hold
workshops with the Office of Environmental Management, the Office of
Science, and members of academia and industry concerning environmental
management challenges and solutions.
(g) Funding.--There is authorized to be appropriated to carry out
the program $7,000,000 for fiscal year 2022 and each fiscal year
thereafter.
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