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115th Congress } { Report
SENATE
2d Session } { 115-242
======================================================================
DEPARTMENT OF ENERGY RESEARCH AND INNOVATION ACT
_______
May 9, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany H.R. 589]
The Committee on Energy and Natural Resources, to which was
referred the bill (H.R. 589) 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, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purpose of H.R. 589 is to establish Department of
Energy (DOE) policy for science and energy research and
development programs, and to reform National Laboratory
management and technology transfer programs, and for other
purposes.
Background and Need
DOE currently operates 17 National Laboratories that are
managed by six different offices: the Office of Science; the
National Nuclear Security Administration; the Office of Nuclear
Energy; the Office of Fossil Energy; the Office of Energy
Efficiency and Renewable Energy; and the Office of
Environmental Management. The mission of the National
Laboratories includes basic science, as well as research,
development, and deployment related to energy and national
security. In addition, the National Laboratories house
scientific instrumentation and facilities that, in many cases,
are unique and available to the public.
A number of studies conducted by government agencies and
independent third parties have highlighted concerns with the
relationship between DOE and the management of National
Laboratories, the challenges associated with technology
transfer, and research coordination within DOE.
This legislation addresses a number of these challenges and
provides additional program direction to DOE.
Legislative History
On January 20, 2017, Representative Lamar Smith and 15
cosponsors introduced H.R. 589 in the House of Representatives.
H.R. 589 was passed in the House of Representatives by a voice
vote on January 24, 2017. On January 30, 2017, H.R. 589 was
read twice in the Senate and referred to the Committee on
Energy and Natural Resources.
On June 28, 2017, Senator Lisa Murkowski, with Senator
Maria Cantwell as cosponsor, introduced the Energy and Natural
Resources Act, S. 1460, which includes the provisions of H.R.
589. S. 1460 was placed on the Senate Legislative Calendar.
On March 6, 2018, Senator Lisa Murkowski, with Senator
Maria Cantwell as cosponsor, introduced an identical companion
bill, S. 2503, in the Senate.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on March 8, 2018, by a majority voice
vote of a quorum present, recommended that the Senate pass H.R.
589.
Section-by-Section Analysis
Section 1. Short title; table of contents
Section 1 sets forth a short title and table of contents.
Section 2. Definitions
Section 2 provides a list of definitions.
TITLE I--LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER
Section 101. Short title
Section 101 sets forth a short title for Title I.
Section 102. Inclusion of early stage technology demonstration in
authorized technology transfer activities
Section 102 amends section 1001 of the Energy Policy Act of
2005 (42 U.S.C. 16391) to authorize directors of National
Laboratories to use technology transfer funds to carry out
early stage and pre-commercial technology demonstration
activities to remove technology barriers that limit private
sector interest, and to demonstrate potential commercial
applications of any research and technologies arising from
National Laboratory activities.
Section 103. Sense of Congress on accelerating energy innovation
Section 103 expresses the Sense of Congress that:
accelerating clean energy innovation will help meet critical
national goals; energy options vary by geographic region; a
regional approach to promoting innovation has merit; and
Congress, the Secretary and energy industry participants should
advance efforts that promote international, domestic, and
regional cooperation on R&D; of energy innovations.
Section 104. Restoration of laboratory directed research and
development program
Section 104(a) requires the Secretary to ensure that
laboratory operating contractors do not allocate costs of
general and administrative overhead to laboratory directed
research and development.
Subsection (b) provides an exception for national security
laboratories to which section 3119 of the National Defense
Authorization act for Fiscal Year 2017 (Public Law 114-328)
applies.
Section 105. Research grants database
Section 105(a) requires the Secretary to establish and
maintain a searchable public database, accessible on the
website of the Department, for research and development
transactions administered by the Department.
Subsection (b) requires each listing in the database to
include specific information.
Subsection (c) requires the Secretary to provide
information on relevant literature and patents associated with
each project.
Section 106. Technology transfer and transitions assessment
Section 106 requires the Secretary to transmit, within one
year of the date of enactment and as often as the Secretary
determines to be necessary thereafter, a report to the
appropriate committees of Congress that includes recommended
changes to the policy of the Department and proposed changes to
section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391)
to improve the ability of the Department to transfer new
technologies to the private sector.
Section 107. Agreements for commercializing technology pilot program
Section 107(a) requires the Secretary to carry out the
pilot program for National Laboratories to enter into
Agreements for Commercializing Technology that was announced
December 8, 2011.
Subsection (b) requires each agreement entered into under
the pilot program to provide to the contractor of the
applicable national laboratory increased authority to negotiate
contract terms.
Subsection (c) sets forth eligibility requirements.
Subsection (d) requires an affected director of a National
Laboratory to submit specific information to the Secretary with
respect to each agreement.
Subsection (e) requires the contractor of the affected
National Laboratory to certify that the project is not in
direct competition with the private sector and addresses
conflicts of interest as required.
Subsection (f) extends the pilot program until September
30, 2019.
Subsection (g) requires reports to the appropriate
committees of Congress.
Section 108. Short-term cost-share pilot program
Section 108(a) amends section 988(b) of the Energy Policy
Act of 2005 (42 U.S.C. 16352(b)) to include, for a two year
period beginning on the day of enactment, an exemption for
institutions of higher education and other non-profit
institutions.
Subsection (b) requires reports to the appropriate
committees of Congress.
TITLE II--DEPARTMENT OF ENERGY RESEARCH COORDINATION
Section 201. Short title
Section 201 sets forth a short title for Title II.
Section 202. Protection of information
Section 202 amends section 5012 of the America Competes Act
(42 U.S.C. 16538) to provide additional protection for
proprietary information collected by the Advanced Research
Projects Agency--Energy (ARPA-E).
Section 203. Crosscutting research and development
Section 203(a) requires the Secretary to identify strategic
opportunities for collaborative research, development,
demonstration, and commercial application of innovative science
and technologies.
Subsection (b) requires the Secretary to seek to leverage
existing programs and consolidate and coordinate activities
within the Department.
Subsection (c) sets forth additional requirements for the
Secretary to follow when identifying crosscutting activities.
Section 204. Strategic research and development
Section 204 amends section 994 of the Energy Policy Act of
2005 (42 U.S.C. 16358) to update the criteria for strategic
research and development planning.
Section 205. Strategy for facilities and infrastructure
Section 205 revises the section heading of section 993 of
the Energy Policy Act of 2005, requires the Secretary to submit
a report detailing the strategy for facilities and
infrastructure in 2018, and provides a corresponding clerical
amendment in the table of contents of the Energy Policy Act of
2005 reflecting the change in the section heading.
Section 206. Energy Innovation Hubs
Section 206(a) provides definitions.
Subsection (b) requires the Secretary to carry out a
program to enhance economic, environmental, and energy security
by making grants to consortia for establishing and operating
hubs to be known as ``Energy Innovation Hubs.''
Subsection (c) sets forth an application process for the
Energy Innovation Hub program.
Subsection (d) sets forth the length of time and renewal
policies for the Energy Innovation Hub program.
Subsection (e) sets forth requirements for hub operations
and activities.
TITLE III--DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY
Section 301. Short title
Section 301 sets forth a short title for Title III.
Section 302. Mission of the Office of Science
Section 302 amends section 209 of the Department of Energy
Organization Act (42 U.S.C. 7139) to include a mission for the
Office of Science.
Section 303. Basic energy sciences
Section 303(a) requires the Secretary to carry out a
program (``Energy Frontier Research Centers'') to provide
awards on a competitive, merit-reviewed basis, to multi-
institutional collaborations to conduct energy research to
accelerate scientific breakthroughs.
Subsection (b) requires the Director of the Office of
Science to carry out a program for basic science user
facilities.
Subsection (c) requires the Director to carry out research
and development on advanced accelerator and storage ring
technologies.
Subsection (d) amends section 973 of the Energy Policy Act
of 2005 (42 U.S.C. 16313) to require the Secretary, leveraging
other programs within the Department, to carry out a Solar
Fuels Research Initiative to support research into artificial
photosynthesis and to replicate natural photosynthesis.
Subsection (e) amends section 975 of the Energy Policy Act
of 2005 (43 U.S.C. 16315) to require the Secretary, leveraging
other programs within the Department, to carry out an
Electricity Storage Research Initiative to support: electricity
storage research; multivalent ion materials in electric energy
storage; electrochemistry modeling and simulation; and
mesoscale electrochemistry.
Section 304. Advanced scientific computing research
Section 304(a)(1) amends section 1 of the Department of
Energy High-End Computing Revitalization Act of 2004 (15 U.S.C.
5501 note; Public Law 108-423) to rename the Act and provides
for a conforming amendment to section 976(a)(1) of the Energy
Policy Act of 2005 (42 U.S.C. 16316(1)) to reflect the name
change.
Subsection (a)(2) amends definitions included in the
American Super Computing Leadership Act (15 U.S.C. 5541).
Subsection (a)(3) amends the American Super Computing
Leadership Act (15 U.S.C. 5542) to require the Secretary to
conduct a research program for exascale computing systems at
DOE.
Subsection (b) requires the Secretary to conduct a research
program for high-performance computing and networking research.
Subsection (c) requires the Director to conduct activities
for applied mathematics and software development for high-end
computing systems.
Section 305. High-energy physics
Section 305(a) expresses the Sense of Congress related to
the high-energy physics program.
Subsection (b) encourages the Director to ensure access of
United States researchers to the most advanced accelerator
facilities in the world, including the Large Hadron Collider.
Subsection (c) requires the Director to carry out research
on the nature of the neutrino.
Subsection (d) requires the Director to carry out research
on the nature of dark energy and dark matter.
Section 306. Biological and environmental research
Section 306(a) requires the Director to carry out research
and development activities in fundamental, structural,
computational, and systems biology.
Subsection (b) provides that 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.
Subsection (c) requires the Director to carry out a
research program on low-dose radiation.
Section 307. Fusion energy
Section 307(a) requires the Director to coordinate with the
Assistant Secretary for Nuclear Energy to carry out research
and development activities related to fusion power systems and
an assessment of facilities required for fusion testing.
Subsection (b) requires the Director to support activities
to optimize the tokamak approach to fusion energy.
Subsection (c) requires the Director to support inertial
fusion energy research and development activities.
Subsection (d) requires the Director to support research
and development activities at institutions of higher education,
National Laboratories, and private facilities for a portfolio
of alternative and enabling fusion energy concepts.
Subsection (e) requires coordination with ARPA-E.
Subsection (f) amends section 33 of the Atomic Energy Act
of 1954 (42 U.S.C. 2053) to require fairness in competition for
solicitations and international project activities.
Subsection (g) requires the Secretary to submit a report on
fusion energy activities.
Section 308. Nuclear physics
Section 308(a) permits the Director of the Office of
Science to carry out a program for the development and
production of isotopes for research applications.
Subsection (b) renames the Rare Isotope Accelerator.
Section 309. Science laboratories infrastructure program
Section 309(a) requires the Director to carry out a program
to improve the safety, efficiency, and mission readiness of
infrastructure at laboratories of the Office of Science.
Subsection (b) provides direction on inclusion of projects
in the infrastructure program.
TITLE IV--NUCLEAR ENERGY INNOVATION CAPABILITIES
Section 401. Short title
Section 401 sets forth the short title for Title IV.
Section 402. Nuclear energy innovation capabilities
Section 402(a) amends section 951 of the Energy Policy Act
of 2005 (42 U.S.C. 16271) with respect to the objectives of
DOE's nuclear energy research and development program.
Subsection (a) of the amended section 951 restates the
mission and objectives of DOE's civilian nuclear energy
research and development work. Subsection (a)(2)(A) directs the
Secretary to carry out programs to provide research
infrastructure in order to promote scientific progress in
nuclear, chemical, and materials science engineering.
Subsection (a) also provides direction to DOE in relation to
its work with private industry, the National Laboratories, and
institutions of higher education, including supporting
technology transfer and enabling public-private partnerships.
Subsection (b) deletes from section 952(c) of Energy Policy
Act of 2005 (42 U.S.C. 16272(c)) the authorization for the
Nuclear Power 2010 program and makes conforming changes.
Subsection (c) strikes the delegation of authority to the
Director of the Office of Nuclear Energy, Science and
Technology contained in section 953(a) of Energy Policy Act of
2005 (42 U.S.C. 16273(a)).
Subsection (d) deletes the phrase ``as part of a taking
into consideration effort that emphasizes'' in section
954(d)(4) of Energy Policy Act of 2005 (42 U.S.C. 16274(d)(4))
and inserts ``that emphasize.''
Subsection (e) amends section 955 of Energy Policy Act of
2005 (42 U.S.C. 16275) by removing a requirement for the
Secretary to develop a comprehensive plan for the Idaho
National Laboratory and replacing it with a new subsection (c).
This new provision directs the Secretary to assess the mission
need for a versatile reactor-based fast neutron source to be
operated as a national user facility. As soon as practicable
after determining mission need, the Secretary is directed to
submit a detailed plan to Congress to establish the user
facility and is required to ensure that the facility provides
fast neutron irradiation capabilities and has the capacity for
upgrades. The Secretary is required to consider capabilities to
support high-temperature testing, and provide flexible
facilities to accommodate various types of fuels, materials,
and coolants, including pre- and post-irradiation examination
capabilities. To the maximum extent practicable, the Secretary
shall complete construction and approve the start of operations
for the user facility by December 31, 2025.
Subsection (f) strikes the delegation of authority to the
Director of the Office of Nuclear Energy, Science and
Technology contained in section 956 of the Energy Policy Act of
2005 (42 U.S.C. 16276).
Subsection (g) amends section 957 of Energy Policy Act of
2005 (42 U.S.C. 16277) to require the Secretary to carry out a
program to enhance the capabilities of the United States to
develop new reactor technologies through high-performance
computational modeling and simulation. In carrying out the
effort, the Secretary is directed to coordinate with relevant
Federal agencies and leverage expertise from the private
sector, institutions of higher education, and the National
Laboratories.
Subsection (h) amends subtitle E of title IX of Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) to add a new
section 958, authorizing the National Reactor Innovation Center
(NRIC). The program is authorized to support research,
development, demonstration, and deployment of a broad range of
advanced reactor concepts, components, technologies, fuels, and
materials. The NRIC will allow for the testing and
demonstration of reactor concepts to be proposed and funded, in
whole or in part, by the private sector, and would leverage the
expertise of relevant Federal agencies and the National
Laboratories.
Subsections (d) and (e) of the new section 958 authorize
the Secretary to enter into memoranda of understanding with the
Chairman of the Nuclear Regulatory Commission (NRC) to share
technical expertise and to coordinate the research and
development activities of the DOE with safety mission of the
NRC.
Subsection (f) of the new section 958 requires the
Secretary to submit to the relevant committees of Congress a
report that addresses the various internal mechanisms and
impacts pertaining to NRIC.
Subsection (g) of the new section 958 contains savings
clauses to preserve the NRC's existing licensing and regulatory
authority over demonstration reactors, and to make it clear
that the NRIC's activities are subject to the financial
protection and indemnification requirements of the Price-
Anderson Act.
Subsection (i) amends subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) to add a new
section 959, to require the Secretary to develop, and submit to
the relevant committees of Congress, two 10-year budget plans,
one constrained and one unconstrained, for the civilian nuclear
energy research and development activities of the DOE.
Subsection (j) makes conforming changes to the table of
contents of subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271).
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out the bill.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from
enactment of the bill, as ordered reported.
Congressionally Directed Spending
H.R. 589, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
Executive Communications on H.R. 589 were not requested by
the Committee on Energy and Natural Resources for the 115th
Congress.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
AMERICA COMPETES ACT
Public Law 110-69, as amended
* * * * * * *
SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.
(a) Definitions.--In this section:
(1) ARPA-E.--The term ``ARPA-E'' means the Advanced
Research Projects Agency-Energy established by
subsection (b).
(2) Director.--The term ``Director'' means the
Director of ARPA-E appointed under subsection (d).
(3) Fund.--The term ``Fund'' means the Energy
Transformation Acceleration Fund established under
subsection [(n)(1)] o(1).
* * * * * * *
(m) Existing Authorities.--The authorities granted by this
section are--
(1) in addition to existing authorities granted to
the Secretary; and
(2) are not intended to supersede existing
authorities.
(n) .--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.
[(n)] (o) Funding.--
(1) Fund.--There is established in the Treasury of
the United States a fund, to be known as the ``Energy
Transformation Acceleration Fund'', which shall be
administered by the Director for the purposes of
carrying out this section.
* * * * * * *
ATOMIC ENERGY ACT
Public Law 87-206, as amended
* * * * * * *
SEC. 33. RESEARCH FOR OTHERS.
In this section, with respect to international research
projects, the term ``private facilities or laboratories'' means
facilities or laboratories located in the United States. Where
the Commission finds private facilities or laboratories are
inadequate to the purpose, it is authorized to conduct for
other persons, through its own facilities, such of those
activities and studies of the types specified in section 31 as
it deems appropriate to the development of atomic energy. To
the extent the Commission determines that private facilities or
laboratories are inadequate to the purpose, and that the
Commission's facilities, or scientific or technical resources
have the potential of lending significant assistance to other
persons in the fields of protection of public health and
safety, the Commission may also assist other persons in these
fields by conducting for such persons, through the Commission's
own facilities, research and development or training activities
and studies. The Commission is authorized to determine and make
such charges as in its discretion may be desirable for the
conduct of the activities and studies referred to in this
section.
* * * * * * *
DEPARTMENT OF ENERGY ORGANIZATION ACT
Public Law 95-91, as amended
* * * * * * *
OFFICE OF SCIENCE
SEC. 209.
* * * * * * *
(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.
* * * * * * *
DEPARTMENT OF ENERGY HIGH-END COMPUTING REVITALIZATION ACT
Public Law 108-423
* * * * * * *
SECTION 1. SHORT TITLE.
This Act may be cited as the [``Department of Energy High-
End Computing Revitalization Act of 2004''] American
Supercomputing Leadership Act of 2017.
SEC. 2. DEFINITIONS.
In this Act:
[(1) Center.--The term ``Center'' means a High-End
Software Development Center established under section
3(d).]
(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.
[(2)] (3) High-end computing system.--The term
``high-end computing system'' means a computing system
with performance that substantially exceeds that of
systems that are commonly available for advanced
scientific and engineering applications.
[(3)] (4) Leadership system.--The term ``Leadership
System'' means a high-end computing system that is
among the most advanced in the world in terms of
performance in solving scientific and engineering
problems.
[(4)] (5) 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)).
[(5)] (6) Secretary.--The term ``Secretary'' means
the Secretary of Energy.
SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND
DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall
(1) carry out a [program] coordinated program across
the Department of research and development (including
development of software and hardware) to advance high-
end computing systems; and
(2) develop and deploy high-end computing systems for
advanced scientific and engineering applications.
(b) Program.--The program shall--
(1) support both individual investigators and
multidisciplinary teams of investigators;
(2) conduct research in multiple architectures[,
which may include vector, reconfigurable logic,
streaming, processor-in-memory, and multithreading
architectures];
(3) conduct research on software for high-end
computing systems, including research on algorithms,
programming environments, tools, languages, and
operating systems for high-end computing systems, in
collaboration with architecture development efforts;
(4) provide for sustained access by the research
community in the United States to high-end computing
systems and to Leadership Systems, including provision
of technical support for users of such systems;
(5) support technology transfer to the private sector
and others in accordance with applicable law; and
(6) ensure that the high-end computing activities of
the Department of Energy are coordinated with relevant
activities in industry and with other Federal agencies,
including the National Science Foundation, the Defense
Advanced Research Projects Agency, the National Nuclear
Security Administration, the National Security Agency,
the National Institutes of Health, the National
Aeronautics and Space Administration, the National
Oceanic and Atmospheric Administration, the National
Institutes of Standards and Technology, and the
Environmental Protection Agency.
(c) Leadership Systems Facilities.--
(1) In general.--As part of the program carried out
under this Act, the Secretary shall establish and
operate 1 or more Leadership Systems facilities to--
(A) conduct advanced scientific and
engineering research and development using
Leadership Systems; and
(B) develop potential advancements in high-
end computing system hardware and software.
(2) Administration.--In carrying out this subsection,
the Secretary shall provide to Leadership Systems, on a
competitive, merit-reviewed basis, access to
researchers in United States industry, institutions of
higher education, national laboratories, and other
Federal agencies.
[(d) High-End Software Development Center.--
[(1) In general.--As part of the program carried out
under this Act, the Secretary shall establish at least
1 High-End Software Development Center.
[(2) Duties.--A Center shall concentrate efforts to
develop, test, maintain, and support optimal
algorithms, programming environments, tools, languages,
and operating systems for high-end computing systems.
[(3) Proposals.--In soliciting proposals for the
Center, the Secretary shall encourage staffing
arrangements that include both permanent staff and a
rotating staff of researchers from other institutions
and industry to assist in coordination of research
efforts and promote technology transfer to the private
sector.
[(4) Use of expertise.--The Secretary shall use the
expertise of a Center to assess research and
development in high-end computing system architecture.
[(5) Selection.--The selection of a Center shall be
determined by a competitive proposal process
administered by the Secretary.]
(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.
* * * * * * *
THE ENERGY POLICY ACT OF 2005
Public Law 109-58
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
* * * * * * *
Sec. 973. [Catalysis research program] Solar fuels research initiative.
* * * * * * *
Sec. 975. [Solid state lighting] Electricity storage research
initiative.
* * * * * * *
Sec. 993. [Strategy and plan for science and energy facilities and
infrastructure] Strategy for facilities and infrastructure.
* * * * * * *
TITLE IX--RESEARCH AND DEVELOPMENT
* * * * * * *
[SEC. 951. NUCLEAR ENERGY.
[(a) In General.--The Secretary shall conduct programs of
civilian nuclear energy research, development, demonstration,
and commercial application, including activities described in
this subtitle. Programs under this subtitle shall take into
consideration the following objectives:
[(1) Enhancing nuclear power's viability as part of
the United States energy portfolio.
[(2) Providing the technical means to reduce the
likelihood of nuclear proliferation.
[(3) Maintaining a cadre of nuclear scientists and
engineers.
[(4) Maintaining National Laboratory and university
nuclear programs, including their infrastructure.
[(5) Supporting both individual researchers and
multidisciplinary teams of researchers to pioneer new
approaches in nuclear energy, science, and technology.
[(6) Developing, planning, constructing, acquiring,
and operating special equipment and facilities for the
use of researchers.
[(7) Supporting technology transfer and other
appropriate activities to assist the nuclear energy
industry, and other users of nuclear science and
engineering, including activities addressing
reliability, availability, productivity, component
aging, safety, and security of nuclear power plants.
[(8) Reducing the environmental impact of nuclear
energy-related activities.
[(b) Authorization of Appropriations for Core Programs.--
There are authorized to be appropriated to the Secretary to
carry out nuclear energy research, development, demonstration,
and commercial application activities, including activities
authorized under this subtitle, other than those described in
subsection (c)--
[(1) $330,000,000 for fiscal year 2007;
[(2) $355,000,000 for fiscal year 2008; and
[(3) $495,000,000 for fiscal year 2009.
[(c) Nuclear Infrastructure and Facilities.--There are
authorized to be appropriated to the Secretary to carry out
activities under section 955--
[(1) $135,000,000 for fiscal year 2007;
[(2) $140,000,000 for fiscal year 2008; and
[(3) $145,000,000 for fiscal year 2009.
[(d) Allocations.--From amounts authorized under subsection
(a), the following sums are authorized:
[(1) For activities under section 953--
[(A) $150,000,000 for fiscal year 2007;
[(B) $155,000,000 for fiscal year 2008; and
[(C) $275,000,000 for fiscal year 2009.
[[(2) For activities under section 954--
[(A) $43,600,000 for fiscal year 2007;
[(B) $50,100,000 for fiscal year 2008; and
[(C) $56,000,000 for fiscal year 2009.
[(3) For activities under section 957, $6,000,000 for
each of fiscal years 2007 through 2009.
[(e) Limitation.--None of the funds authorized under this
section may be used to decommission the Fast Flux Test
Facility.]
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.
SEC. 952. NUCLEAR ENERGY RESEARCH PROGRAMS.
(a) Nuclear Energy Research Initiative.--The Secretary
shall carry out a Nuclear Energy Research Initiative for
research and development related to nuclear energy.
(b) Nuclear Energy Systems Support Program.--The Secretary
shall carry out a Nuclear Energy Systems Support Program to
support research and development activities addressing
reliability, availability, productivity, component aging,
safety, and security of existing nuclear power plants.
[(c) Nuclear Power 2010 Program.--
[(1) In general.--The Secretary shall carry out a
Nuclear Power 2010 Program, consistent with
recommendations of the Nuclear Energy Research Advisory
Committee of the Department in the report entitled ``A
Roadmap to Deploy New Nuclear Power Plants in the
United States by 2010'' and dated October 2001.
[(2) Administration.--The Program shall include--
[(A) use of the expertise and capabilities of
industry, institutions of higher education, and
National Laboratories in evaluation of advanced
nuclear fuel cycles and fuels testing;
[(B) consideration of a variety of reactor
designs suitable for both developed and
developing nations;
[(C) participation of international
collaborators in research, development, and
design efforts, as appropriate; and
[(D) encouragement for participation by
institutions of higher education and industry.]
[(d)] (c) Generation IV Nuclear Energy Systems
Initiative.--
(1) In general.--The Secretary shall carry out a
Generation IV Nuclear Energy Systems Initiative to
develop an overall technology plan for and to support
research and development necessary to make an informed
technical decision about the most promising candidates
for eventual commercial application.
(2) Administration.--In conducting the Initiative,
the Secretary shall examine advanced proliferation-
resistant and passively safe reactor designs, including
designs that--
(A) are economically competitive with other
electric power generation plants;
(B) have higher efficiency, lower cost, and
improved safety compared to reactors in
operation on the date of enactment of this Act;
(C) use fuels that are proliferation
resistant and have substantially reduced
production of high-level waste per unit of
output; and
(D) use improved instrumentation.
[(e)] (d) Reactor Production of Hydrogen.--The Secretary
shall carry out research to examine designs for high-
temperature reactors capable of producing large-scale
quantities of hydrogen.
SEC. 953. ADVANCED FUEL CYCLE INITIATIVE.
(a) In General.--The Secretary[, acting through the
Director of the Office of Nuclear Energy, Science and
Technology,] shall conduct an advanced fuel recycling
technology research, development, and demonstration program
(referred to in this section as the `program') to evaluate
proliferation-resistant fuel recycling and transmutation
technologies that minimize environmental and public health and
safety impacts as an alternative to aqueous reprocessing
technologies deployed as of the date of enactment of this Act
in support of evaluation of alternative national strategies for
spent nuclear fuel and the Generation IV advanced reactor
concepts.
SEC. 954. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.
* * * * * * *
(d) Strengthening University Research and Training Reactors
and Associated Infrastructure.--In carrying out the program
under this section, the Secretary may support--
(1) converting research reactors from high-enrichment
fuels to low-enrichment fuels and upgrading operational
instrumentation;
(2) consortia of universities to broaden access to
university research reactors;
(3) student training programs, in collaboration with
the United States nuclear industry, in relicensing and
upgrading reactors, including through the provision of
technical assistance; and
(4) reactor improvements [as part of a taking into
consideration effort that emphasizes] that emphasize
research, training, and education, including through
the Innovations in Nuclear Infrastructure and Education
Program or any similar program.
SEC. 955. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND
FACILITIES.
(a) In General.--The Secretary shall operate and maintain
infrastructure and facilities to support the nuclear energy
research, development, demonstration, and commercial
application programs, including radiological facilities
management, isotope production, and facilities management.
(b) Duties.--In carrying out this section, the Secretary
shall--
(1) develop an inventory of nuclear science and
engineering facilities, equipment, expertise, and other
assets at all of the National Laboratories;
(2) develop a prioritized list of nuclear science and
engineering plant and equipment improvements needed at
each of the National Laboratories;
(3) consider the available facilities and expertise
at all National Laboratories and emphasize investments
which complement rather than duplicate capabilities;
and
(4) develop a timeline and a proposed budget for the
completion of deferred maintenance on plant and
equipment, with the goal of ensuring that Department
programs under this subtitle will be generally
recognized to be among the best in the world.
[(c) Plan.--The Secretary shall develop a comprehensive
plan for the facilities at the Idaho National Laboratory,
especially taking into account the resources available at other
National Laboratories. In developing the plan, the Secretary
shall--
[(1) evaluate the facilities planning processes
utilized by other physical science and engineering
research and development institutions, both in the
United States and abroad, that are generally recognized
as being among the best in the world, and consider how
those processes might be adapted toward developing such
facilities plan;
[(2) avoid duplicating, moving, or transferring
nuclear science and engineering facilities, equipment,
expertise, and other assets that currently exist at
other National Laboratories;
[(3) consider the establishment of a national
transuranic analytic chemistry laboratory as a user
facility at the Idaho National Laboratory;
[(4) include a plan to develop, if feasible, the
Advanced Test Reactor and Test Reactor Area into a user
facility that is more readily accessible to academic
and industrial researchers;
[(5) consider the establishment of a fast neutron
source as a user facility;
[(6) consider the establishment of new hot cells and
the configuration of hot cells most likely to advance
research, development, demonstration, and commercial
application in nuclear science and engineering,
especially in the context of the condition and
availability of these facilities elsewhere in the
National Laboratories; and
[(7) include a timeline and a proposed budget for the
completion of deferred maintenance on plant and
equipment.
[(d) Transmittal to Congress.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall transmit
the plan under subsection (c) to Congress.]
(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.
SEC. 956. SECURITY OF NUCLEAR FACILITIES.
The Secretary [, acting through the Director of the Office
of Nuclear Energy, Science and Technology,] shall conduct a
research and development program on cost-effective technologies
for increasing--
(1) the safety of nuclear facilities from natural
phenomena; and
(2) the security of nuclear facilities from
deliberate attacks.
[SEC. 957. ALTERNATIVES TO INDUSTRIAL RADIOACTIVE SOURCES.]
[(a) Survey.--
[(1) In general.--Not later than August 1, 2006, the
Secretary shall submit to Congress the results of a
survey of industrial applications of large radioactive
sources.
[(2) Administration.--The survey shall--
[(A) consider well-logging sources as one
class of industrial sources;
[(B) include information on current domestic
and international Department, Department of
Defense, State Department, and commercial
programs to manage and dispose of radioactive
sources; and
[(C) analyze available disposal options for
currently deployed or future sources and, if
deficiencies are noted for either deployed or
future sources, recommend legislative options
that Congress may consider to remedy identified
deficiencies.
[(b) Plan.--
[(1) In general.--In conjunction with the survey
conducted under subsection [(a), the Secretary shall
establish a research and development program to develop
alternatives to sources described in subsection (a)
that reduce safety, environmental, or proliferation
risks to either workers using the sources or the
public.
[(2) Accelerators.--Miniaturized particle
accelerators for well-logging or other industrial
applications and portable accelerators for production
of short-lived radioactive materials at an industrial
site shall be considered as part of the research and
development efforts.
[(3) Report.--Not later than August 1, 2006, the
Secretary shall submit to Congress a report describing
the details of the program plan.]
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.
SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.
(a) National Reactor Innovation Center.--There is
authorized a program to enable the testing and demonstration of
reactor concepts to be proposed and funded, in whole or in
part, by the private sector.
(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, in whole or in part, 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. 15 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. 21 2210) (commonly
known as the ``Price-Anderson Act'').
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 5 958; and
(3) the justification of the Department for
continuing or terminating existing civilian nuclear
energy research and development programs.
* * * * * * *
[SEC. 973. CATALYSIS RESEARCH PROGRAM.]
[(a) Establishment.--The Secretary, acting through the
Office of Science, shall support a program of research and
development in catalysis science consistent with the statutory
authorities of the Department related to research and
development.
[(b) Components.--The program shall include efforts to--
[(1) enable catalyst design using combinations of
experimental and mechanistic methodologies coupled with
computational modeling of catalytic reactions at the
molecular level;
[(2) develop techniques for high throughput
synthesis, assay, and characterization at nanometer and
subnanometer scales in-situ under actual operating
conditions;
[(3) synthesize catalysts with specific site
architectures;
[(4) conduct research on the use of precious metals
for catalysis; and
[(5) translate molecular understanding to the design
of catalytic compounds.
[(c) Duties of the Office of Science.--In carrying out the
program, the Director of the Office of Science shall--
[(1) support both individual investigators and
multidisciplinary teams of investigators to pioneer new
approaches in catalytic design;
[(2) develop, plan, construct, acquire, share, or
operate special equipment or facilities for the use of
investigators in collaboration with national user
facilities, such as nanoscience and engineering
centers;
[(3) support technology transfer activities to
benefit industry and other users of catalysis science
and engineering; and
[(4) coordinate research and development activities
with industry and other Federal agencies.
[(d) Assessment.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall enter into an
arrangement with the National Academy of Sciences to--
[(1) review the catalysis program to measure--
[(A) gains made in the fundamental science of
catalysis; and
[(B) progress towards developing new fuels
for energy production and material fabrication
processes; and
[(2) submit to Congress a report describing the
results of the review.]
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.
* * * * * * *
[SEC. 975. SOLID STATE LIGHTING.]
[The Secretary shall conduct a program of fundamental
research on solid state lighting in support of the Next
Generation Lighting Initiative carried out under section 912.]
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.
* * * * * * *
SEC. 981. [RARE ISOTOPE ACCELERATOR.] FACILITY FOR RARE ISOTOPE BEAMS.
(a) Establishment.--The Secretary shall construct and
operate a [Rare Isotope Accelerator] Facility for Rare Isotope
Beams. The Secretary shall commence construction no later than
September 30, 2008.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section. The Secretary shall not
spend more than $1,100,000,000 in Federal funds for all
activities associated with the [Rare Isotope Accelerator]
Facility for Rare Isotope Beams, prior to operation of the
Accelerator.
* * * * * * *
SEC. 988. COST SHARING.
(a) Applicability.--Notwithstanding any other provision of
law, in carrying out a research, development, demonstration, or
commercial application program or activity that is initiated
after the date of enactment of this section, the Secretary
shall require cost-sharing in accordance with this section.
(b) Research and Development.--
(1) In general.--[Except as provided in paragraphs
(2) and (3)] Except as provided in paragraphs (2), (3),
and (4) and subsection (f), the Secretary shall require
not less than 20 percent of the cost of a research or
development activity described in subsection (a) to be
provided by a non-Federal source.
(2) Exclusion.--Paragraph (1) shall not apply to a
research or development activity described in
subsection (a) that is of a basic or fundamental
nature, as determined by the appropriate officer of the
Department.
(3) Reduction.--The Secretary may reduce or eliminate
the requirement of paragraph (1) for a research and
development activity of an applied nature if the
Secretary determines that the reduction is necessary
and appropriate.
(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.
* * * * * * *
SEC. 993. [STRATEGY AND PLAN FOR SCIENCE AND ENERGY FACILITIES AND
INFRASTRUCTURE.] STRATEGY FOR FACILITIES AND
INFRASTRUCTURE.
* * * * * * *
(b) Report.--(1) In general.--The Secretary shall prepare
and submit, along with the budget request of the President
submitted to Congress for fiscal year [2008] 2018, a report
describing the strategy developed under subsection (a).
(2) Contents.--For each National Laboratory and
single-purpose research facility that is primarily used
for science and energy research, the report shall
contain--
(A) the current priority list of proposed
facilities and infrastructure projects,
including cost and schedule requirements;
(B) a current 10-year plan that demonstrates
the reconfiguration of its facilities and
infrastructure to meet its missions and to
address its long-term operational costs and
return on investment;
(C) the total current budget for all
facilities and infrastructure funding; and
(D) the current status of each facility and
infrastructure project compared to the original
baseline cost, schedule, and scope.
* * * * * * *
[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 both the
frontiers of science to which the Department can contribute and
the national needs relevant to the Department's statutory
missions.
[(b) Coordination Analysis and Plan.--As part of the review
under subsection (a), the Secretary shall develop a
coordination plan to improve coordination and collaboration in
research, development, demonstration, and commercial
application activities across Department organizational
boundaries.
[(c) Plan Contents.--The plan shall describe--
[(1) cross-cutting scientific and technical issues
and research questions that span more than one program
or major office of the Department;
[(2) how the applied technology programs of the
Department are coordinating their activities, and
addressing those questions;
[(3) ways in which the technical interchange within
the Department, particularly between the Office of
Science and the applied technology programs, can be
enhanced, including ways in which the research agendas
of the Office of Science and the applied programs can
interact and assist each other;
[(4) a description of how the Secretary will ensure
that the Department's overall research agenda include,
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.
[(d) Plan Transmittal.--Not later than 12 months after the
date of enactment of this Act, and every 4 years thereafter,
the Secretary shall transmit to Congress the results of the
review under subsection (a) and the coordination plan under
subsection (b).]
SEC. 994. STRATEGIC RESEARCH PORTFOLIO ANALYSIS AND COORDINATION PLAN.
(a) In General.--The Secretary shall periodically review
all of the science and technology activities of the Department
in a strategic framework that takes into account--
(1) the frontiers of science to which the Department
can contribute;
(2) the national needs relevant to the statutory
missions of the Department; and
(3) global energy dynamics.
(b) Coordination Analysis and Plan.--
(1) In general.--As part of the review under
subsection (a), the Secretary shall develop a plan to
improve coordination and collaboration in research,
development, demonstration, and commercial application
activities across organizational boundaries of the
Department.
(2) Plan contents.--The plan developed under
paragraph (1) shall describe--
(A) crosscutting scientific and technical
issues and research questions that span more
than one program or major office of the
Department;
(B) ways in which the applied technology
programs of the Department are coordinating
activities and addressing the questions
referred to in subparagraph (A);
(C) ways in which the technical interchange
within the Department, particularly between the
Office of Science and the applied technology
programs, could be enhanced, including ways in
which the research agendas of the Office of
Science and the applied programs could better
interact and assist each other;
(D) ways in which the Secretary would ensure
that the overall research agenda of the
Department includes, in addition to
fundamental, curiosity-driven research,
fundamental research related to topics of
concern to the applied programs, and
applications in Departmental technology
programs of research results generated by
fundamental, curiosity-driven research;
(E) critical assessments of any ongoing
programs that have experienced subpar
performance or cost overruns of 10 percent or
more over 1 or more years;
(F) any activities that may be more
effectively left to the States, industry,
nongovernmental organizations, institutions of
higher education, or other stakeholders; and
(G) detailed evaluations and proposals for
innovation hubs, institutes, and research
centers of the Department, including--
(i) an affirmation that the hubs,
institutes, and research centers will--
(I) advance the mission of
the Department; and
(II) prioritize research,
development, and demonstration;
and
(ii) an affirmation that any hubs,
institutes, or research centers that
are established or renewed within the
Office of Science are consistent with
the mission of the Office of Science
described in subsection (c) of section
209 of the Department of Energy
Organization Act (42 U.S.C. 7139).
(c) Submission to Congress.--Every 4 years, the Secretary
shall submit to Congress--
(1) the results of the review under subsection (a);
and
(2) the coordination plan under subsection (b).
* * * * * * *
SEC. 1001. IMPROVED TECHNOLOGY TRANSFER OF ENERGY TECHNOLOGIES.
(a) Technology Transfer Coordinator.--The Secretary shall
appoint a Technology Transfer Coordinator to be the principal
advisor to the Secretary on all matters relating to technology
transfer and commercialization.
(b) Qualifications.--The Coordinator shall be an individual
who, by reason of professional background and experience, is
specially qualified to advise the Secretary on matters
pertaining to technology transfer at the Department.
(c) Duties of the Coordinator.--The Coordinator shall
oversee--
(1) the activities of the Technology Transfer Working
Group established under subsection (d);
(2) the expenditure of funds allocated for technology
transfer within the Department;
(3) the activities of each technology partnership
ombudsman appointed under section 11 of the Technology
Transfer Commercialization Act of 2000 (42 U.S.C.
7261c); and
(4) efforts to engage private sector entities,
including venture capital companies.
(d) Technology Transfer Working Group.--The Secretary shall
establish a Technology Transfer Working Group, which shall
consist of representatives of the National Laboratories and
single-purpose research facilities, to--
(1) coordinate technology transfer activities
occurring at National Laboratories and single-purpose
research facilities;
(2) exchange information about technology transfer
practices, including alternative approaches to
resolution of disputes involving intellectual property
rights and other technology transfer matters; and
(3) develop and disseminate to the public and
prospective technology partners information about
opportunities and procedures for technology transfer
with the Department, including opportunities and
procedures related to alternative approaches to
resolution of disputes involving intellectual property
rights and other technology transfer matters.
(e) Technology Commercialization Fund.--The Secretary shall
establish an Energy Technology Commercialization Fund, using
0.9 percent of the amount made available to the Department for
applied energy research, development, demonstration, and
commercial application for each fiscal year, to be used to
provide matching funds with private partners to promote
promising energy technologies for commercial purposes.
(f) Technology Transfer Responsibility.--Nothing in this
section affects the technology transfer responsibilities of
Federal employees under the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(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.
[(g)] (h) Planning and Reporting.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
submit to Congress a technology transfer execution
plan.
(2) Updates.--Each year after the submission of the
plan under paragraph (1), the Secretary shall submit to
Congress an updated execution plan and reports that
describe progress toward meeting goals set forth in the
execution plan and the funds expended under subsection
(e).
