[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2503 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 404
115th CONGRESS
  2d Session
                                S. 2503

                          [Report No. 115-241]

    To establish Department of Energy policy for science and energy 
   research and development programs, and reform National Laboratory 
  management and technology transfer programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2018

 Ms. Murkowski (for herself and Ms. Cantwell) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                              May 9, 2018

              Reported by Ms. Murkowski, without amendment

_______________________________________________________________________

                                 A BILL


 
    To establish Department of Energy policy for science and energy 
   research and development programs, and reform National Laboratory 
  management and technology transfer programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Energy Research and Innovation Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
       TITLE I--LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER

Sec. 101. Short title.
Sec. 102. Inclusion of early stage technology demonstration in 
                            authorized technology transfer activities.
Sec. 103. Sense of Congress on accelerating energy innovation.
Sec. 104. Restoration of laboratory directed research and development 
                            program.
Sec. 105. Research grants database.
Sec. 106. Technology transfer and transitions assessment.
Sec. 107. Agreements for commercializing technology pilot program.
Sec. 108. Short-term cost-share pilot program.
          TITLE II--DEPARTMENT OF ENERGY RESEARCH COORDINATION

Sec. 201. Short title.
Sec. 202. Protection of information.
Sec. 203. Crosscutting research and development.
Sec. 204. Strategic research portfolio analysis and coordination plan.
Sec. 205. Strategy for facilities and infrastructure.
Sec. 206. Energy Innovation Hubs.
        TITLE III--DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY

Sec. 301. Short title.
Sec. 302. Mission.
Sec. 303. Basic energy sciences.
Sec. 304. Advanced scientific computing research.
Sec. 305. High-energy physics.
Sec. 306. Biological and environmental research.
Sec. 307. Fusion energy.
Sec. 308. Nuclear physics.
Sec. 309. Science laboratories infrastructure program.
            TITLE IV--NUCLEAR ENERGY INNOVATION CAPABILITIES

Sec. 401. Short title.
Sec. 402. Nuclear energy innovation capabilities.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Science of the Department, except as otherwise 
        indicated.
            (3) National laboratory.--The term ``National Laboratory'' 
        has the meaning given that term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

       TITLE I--LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Laboratory Modernization and 
Technology Transfer Act''.

SEC. 102. INCLUSION OF EARLY STAGE TECHNOLOGY DEMONSTRATION IN 
              AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.

    Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is 
amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Early Stage Technology Demonstration.--The Secretary shall 
permit the directors of the National Laboratories to use funds 
authorized to support technology transfer within the Department to 
carry out early stage and precommercial technology demonstration 
activities to remove technology barriers that limit private sector 
interest and demonstrate potential commercial applications of any 
research and technologies arising from National Laboratory 
activities.''.

SEC. 103. SENSE OF CONGRESS ON ACCELERATING ENERGY INNOVATION.

    It is the sense of Congress that--
            (1) although important progress has been made in cost 
        reduction and deployment of clean energy technologies, 
        accelerating clean energy innovation will help meet critical 
        competitiveness, energy security, and environmental goals;
            (2) accelerating the pace of clean energy innovation in the 
        United States calls for--
                    (A) supporting existing research and development 
                programs at the Department and the world-class National 
                Laboratories;
                    (B) exploring and developing new pathways for 
                innovators, investors, and decision-makers to leverage 
                the resources of the Department for addressing the 
                challenges and comparative strengths of geographic 
                regions; and
                    (C) recognizing the financial constraints of the 
                Department, regularly reviewing clean energy programs 
                to ensure that taxpayer investments are maximized;
            (3) the energy supply, demand, policies, markets, and 
        resource options of the United States vary by geographic 
        region;
            (4) a regional approach to innovation can bridge the gaps 
        between local talent, institutions, and industries to identify 
        opportunities and convert United States investment into 
        domestic companies; and
            (5) Congress, the Secretary, and energy industry 
        participants should advance efforts that promote international, 
        domestic, and regional cooperation on the research and 
        development of energy innovations that--
                    (A) provide clean, affordable, and reliable energy 
                for everyone;
                    (B) promote economic growth;
                    (C) are critical for energy security; and
                    (D) are sustainable without government support.

SEC. 104. RESTORATION OF LABORATORY DIRECTED RESEARCH AND DEVELOPMENT 
              PROGRAM.

    (a) In General.--Except as provided in subsection (b), the 
Secretary shall ensure that laboratory operating contractors do not 
allocate costs of general and administrative overhead to laboratory 
directed research and development.
    (b) Exception for National Security Laboratories.--This section 
shall not apply to the national security laboratories with respect to 
which section 3119 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328) applies.

SEC. 105. RESEARCH GRANTS DATABASE.

    (a) In General.--The Secretary shall establish and maintain a 
public database, accessible on the website of the Department, that 
contains a searchable listing of each unclassified research and 
development project contract, grant, cooperative agreement, task order 
for a federally funded research and development center, or other 
transaction administered by the Department.
    (b) Requirements.--Each listing described in subsection (a) shall 
include, at a minimum, for each listed project, the Department office 
carrying out the project, the project name, an abstract or summary of 
the project, funding levels, project duration, contractor or grantee 
name (including the names of any subcontractors), and expected 
objectives and milestones.
    (c) Relevant Literature and Patents.--The Secretary shall provide 
information through the public database established under subsection 
(a) on relevant literature and patents that are associated with each 
research and development project contract, grant, or cooperative 
agreement, or other transaction, of the Department.

SEC. 106. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, and 
as often as the Secretary determines to be necessary thereafter, the 
Secretary shall transmit to the appropriate committees of Congress a 
report that includes recommended changes to the policy of the 
Department and legislative changes to section 1001 of the Energy Policy 
Act of 2005 (42 U.S.C. 16391) to improve the ability of the Department 
to successfully transfer new energy technologies to the private sector.

SEC. 107. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.

    (a) In General.--The Secretary shall carry out the Agreements for 
Commercializing Technology pilot program of the Department, as 
announced by the Secretary on December 8, 2011, in accordance with this 
section.
    (b) Terms.--Each agreement entered into pursuant to the pilot 
program referred to in subsection (a) shall provide to the contractor 
of the applicable National Laboratory, to the maximum extent determined 
to be appropriate by the Secretary, increased authority to negotiate 
contract terms, such as intellectual property rights, payment 
structures, performance guarantees, and multiparty collaborations.
    (c) Eligibility.--
            (1) In general.--Any director of a National Laboratory may 
        enter into an agreement pursuant to the pilot program referred 
        to in subsection (a).
            (2) Agreements with non-federal entities.--To carry out 
        paragraph (1) and subject to paragraph (3), the Secretary shall 
        permit the directors of the National Laboratories to execute 
        agreements with a non-Federal entity, including a non-Federal 
        entity already receiving Federal funding that will be used to 
        support activities under agreements executed pursuant to 
        paragraph (1), provided that such funding is solely used to 
        carry out the purposes of the Federal award.
            (3) Restriction.--The requirements of chapter 18 of title 
        35, United States Code (commonly known as the ``Bayh-Dole 
        Act'') shall apply if--
                    (A) the agreement is a funding agreement (as that 
                term is defined in section 201 of that title); and
                    (B) at least one of the parties to the funding 
                agreement is eligible to receive rights under that 
                chapter.
    (d) Submission to Secretary.--Each affected director of a National 
Laboratory shall submit to the Secretary, with respect to each 
agreement entered into under this section--
            (1) a summary of information relating to the relevant 
        project;
            (2) the total estimated costs of the project;
            (3) estimated commencement and completion dates of the 
        project; and
            (4) other documentation determined to be appropriate by the 
        Secretary.
    (e) Certification.--The Secretary shall require the contractor of 
the affected National Laboratory to certify that each activity carried 
out under a project for which an agreement is entered into under this 
section--
            (1) is not in direct competition with the private sector; 
        and
            (2) does not present, or minimizes, any apparent conflict 
        of interest, and avoids or neutralizes any actual conflict of 
        interest, as a result of the agreement under this section.
    (f) Extension.--The pilot program referred to in subsection (a) 
shall be extended until September 30, 2019.
    (g) Reports.--
            (1) Overall assessment.--Not later than 60 days after the 
        date described in subsection (f), the Secretary, in 
        coordination with directors of the National Laboratories, shall 
        submit to the appropriate committees of Congress a report 
        that--
                    (A) assesses the overall effectiveness of the pilot 
                program referred to in subsection (a);
                    (B) identifies opportunities to improve the 
                effectiveness of the pilot program;
                    (C) assesses the potential for program activities 
                to interfere with the responsibilities of the National 
                Laboratories to the Department; and
                    (D) provides a recommendation regarding the future 
                of the pilot program.
            (2) Transparency.--The Secretary, in coordination with 
        directors of the National Laboratories, shall submit to the 
        appropriate committees of Congress an annual report that 
        accounts for all incidences of, and provides a justification 
        for, non-Federal entities using funds derived from a Federal 
        contract or award to carry out agreements pursuant to this 
        section.

SEC. 108. SHORT-TERM COST-SHARE PILOT PROGRAM.

    (a) In General.--Section 988(b) of the Energy Policy Act of 2005 
(42 U.S.C. 16352(b)) is amended--
            (1) in paragraph (1), by striking ``Except as provided in 
        paragraphs (2) and (3)'' and inserting ``Except as provided in 
        paragraphs (2), (3), and (4)''; and
            (2) by adding at the end the following:
            ``(4) Exemption for institutions of higher education and 
        other nonprofit institutions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                a research or development activity performed by an 
                institution of higher education or nonprofit 
                institution (as defined in section 4 of the Stevenson-
                Wydler Technology Innovation Act of 1980 (15 U.S.C. 
                3703)).
                    ``(B) Termination date.--The exemption under 
                subparagraph (A) shall apply during the 2-year period 
                beginning on the date of enactment of this 
                paragraph.''.
    (b) Reports.--
            (1) Initial report.--As soon as practicable after the date 
        of enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report that describes the 
        use of cost-sharing waivers by the Department under section 
        988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)) 
        during the 2-year period ending on the date of enactment of 
        this Act.
            (2) Annual reports.--Annually during the 2-year period 
        beginning on the date of enactment of this Act, the Secretary 
        shall submit to the appropriate committees of Congress a report 
        that describes the use of cost-sharing waivers by the 
        Department under section 988(b) of the Energy Policy Act of 
        2005 (42 U.S.C. 16352(b)) during the period covered by the 
        report.

          TITLE II--DEPARTMENT OF ENERGY RESEARCH COORDINATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Department of Energy Research 
Coordination Act''.

SEC. 202. PROTECTION OF INFORMATION.

    Section 5012 of the America Competes Act (42 U.S.C. 16538) is 
amended--
            (1) in subsection (a)(3), by striking ``subsection (n)(1)'' 
        and inserting ``subsection (o)(1)'';
            (2) by redesignating subsection (n) as subsection (o); and
            (3) by inserting after subsection (m) the following:
    ``(n) Protection of Information.--The following types of 
information collected by ARPA-E from recipients of financial assistance 
awards shall be considered commercial and financial information 
obtained from a person and privileged or confidential and not subject 
to disclosure under section 552(b)(4) of title 5, United States Code:
            ``(1) Plans for commercialization of technologies developed 
        under the award, including business plans, technology-to-market 
        plans, market studies, and cost and performance models.
            ``(2) Investments provided to an awardee from third parties 
        (such as venture capital firms, hedge funds, and private equity 
        firms), including amounts and the percentage of ownership of 
        the awardee provided in return for the investments.
            ``(3) Additional financial support that the awardee--
                    ``(A) plans to or has invested into the technology 
                developed under the award; or
                    ``(B) is seeking from third parties.
            ``(4) Revenue from the licensing or sale of new products or 
        services resulting from research conducted under the award.''.

SEC. 203. CROSSCUTTING RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary shall use the capabilities of the 
Department to identify strategic opportunities for collaborative 
research, development, demonstration, and commercial application of 
innovative science and technologies.
    (b) Existing Programs; Coordination of Activities.--To the maximum 
extent practicable, the Secretary shall seek--
            (1) to leverage existing programs of the Department; and
            (2) to consolidate and coordinate activities throughout the 
        Department to promote collaboration and crosscutting approaches 
        within programs of the Department.
    (c) Additional Actions.--The Secretary shall--
            (1) prioritize activities that use all affordable domestic 
        resources;
            (2) develop a planning, evaluation, and technical 
        assessment framework for setting objective long-term strategic 
        goals and evaluating progress that--
                    (A) ensures integrity and independence; and
                    (B) provides the flexibility to adapt to market 
                dynamics;
            (3) ensure that activities shall be undertaken in a manner 
        that does not duplicate other activities within the Department 
        or other Federal Government activities; and
            (4) identify programs that may be more effectively left to 
        the States, industry, nongovernmental organizations, 
        institutions of higher education, or other stakeholders.

SEC. 204. STRATEGIC RESEARCH PORTFOLIO ANALYSIS AND COORDINATION PLAN.

    The Energy Policy Act of 2005 is amended by striking section 994 
(42 U.S.C. 16358) and inserting the following:

``SEC. 994. STRATEGIC RESEARCH PORTFOLIO ANALYSIS AND COORDINATION 
              PLAN.

    ``(a) In General.--The Secretary shall periodically review all of 
the science and technology activities of the Department in a strategic 
framework that takes into account--
            ``(1) the frontiers of science to which the Department can 
        contribute;
            ``(2) the national needs relevant to the statutory missions 
        of the Department; and
            ``(3) global energy dynamics.
    ``(b) Coordination Analysis and Plan.--
            ``(1) In general.--As part of the review under subsection 
        (a), the Secretary shall develop a plan to improve coordination 
        and collaboration in research, development, demonstration, and 
        commercial application activities across organizational 
        boundaries of the Department.
            ``(2) Plan contents.--The plan developed under paragraph 
        (1) shall describe--
                    ``(A) crosscutting scientific and technical issues 
                and research questions that span more than one program 
                or major office of the Department;
                    ``(B) ways in which the applied technology programs 
                of the Department are coordinating activities and 
                addressing the questions referred to in subparagraph 
                (A);
                    ``(C) ways in which the technical interchange 
                within the Department, particularly between the Office 
                of Science and the applied technology programs, could 
                be enhanced, including ways in which the research 
                agendas of the Office of Science and the applied 
                programs could better interact and assist each other;
                    ``(D) ways in which the Secretary would ensure that 
                the overall research agenda of the Department includes, 
                in addition to fundamental, curiosity-driven research, 
                fundamental research related to topics of concern to 
                the applied programs, and applications in Departmental 
                technology programs of research results generated by 
                fundamental, curiosity-driven research;
                    ``(E) critical assessments of any ongoing programs 
                that have experienced subpar performance or cost 
                overruns of 10 percent or more over one or more years;
                    ``(F) any activities that may be more effectively 
                left to the States, industry, nongovernmental 
                organizations, institutions of higher education, or 
                other stakeholders; and
                    ``(G) detailed evaluations and proposals for 
                innovation hubs, institutes, and research centers of 
                the Department, including--
                            ``(i) an affirmation that the hubs, 
                        institutes, and research centers will--
                                    ``(I) advance the mission of the 
                                Department; and
                                    ``(II) prioritize research, 
                                development, and demonstration; and
                            ``(ii) an affirmation that any hubs, 
                        institutes, or research centers that are 
                        established or renewed within the Office of 
                        Science are consistent with the mission of the 
                        Office of Science described in subsection (c) 
                        of section 209 of the Department of Energy 
                        Organization Act (42 U.S.C. 7139).
    ``(c) Submission to Congress.--Every 4 years, the Secretary shall 
submit to Congress--
            ``(1) the results of the review under subsection (a); and
            ``(2) the coordination plan under subsection (b).''.

SEC. 205. STRATEGY FOR FACILITIES AND INFRASTRUCTURE.

    (a) Amendments.--Section 993 of the Energy Policy Act of 2005 (42 
U.S.C. 16357) is amended--
            (1) by striking the section heading and inserting the 
        following: ``strategy for facilities and infrastructure''; and
            (2) in subsection (b)(1), by striking ``2008'' and 
        inserting ``2018''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Energy Policy Act of 2005 is amended by striking the item relating 
to section 993 and inserting the following:

``Sec. 993. Strategy for facilities and infrastructure.''.

SEC. 206. ENERGY INNOVATION HUBS.

    (a) Definitions.--In this section:
            (1) Advanced energy technology.--The term ``advanced energy 
        technology'' means--
                    (A) an innovative technology--
                            (i) that produces energy from solar, wind, 
                        geothermal, biomass, tidal, wave, ocean, or 
                        other renewable energy resources;
                            (ii) that produces nuclear energy;
                            (iii) for carbon capture and sequestration;
                            (iv) that enables advanced vehicles, 
                        vehicle components, and related technologies 
                        that result in significant energy savings;
                            (v) that generates, transmits, distributes, 
                        uses, or stores energy more efficiently than 
                        conventional technologies, including through 
                        Smart Grid technologies; or
                            (vi) that enhances the energy independence 
                        and security of the United States by enabling 
                        improved or expanded supply and production of 
                        domestic energy resources, including coal, oil, 
                        and natural gas;
                    (B) a research, development, demonstration, or 
                commercial application activity necessary to ensure the 
                long-term, secure, and sustainable supply of an energy-
                critical element; or
                    (C) any other innovative energy technology area 
                identified by the Secretary.
            (2) Hub.--
                    (A) In general.--The term ``Hub'' means an Energy 
                Innovation Hub established under this section.
                    (B) Inclusion.--The term ``Hub'' includes any 
                Energy Innovation Hub in existence on the date of 
                enactment of this Act.
            (3) Qualifying entity.--The term ``qualifying entity'' 
        means--
                    (A) an institution of higher education;
                    (B) an appropriate State or Federal entity, 
                including a federally funded research and development 
                center of the Department;
                    (C) a nongovernmental organization with expertise 
                in advanced energy technology research, development, 
                demonstration, or commercial application; or
                    (D) any other relevant entity the Secretary 
                determines appropriate.
    (b) Authorization of Program.--
            (1) In general.--The Secretary shall carry out a program to 
        enhance the economic, environmental, and energy security of the 
        United States by making awards to consortia for establishing 
        and operating hubs, to be known as ``Energy Innovation Hubs'', 
        to conduct and support, at, if practicable, one centralized 
        location, multidisciplinary, collaborative research, 
        development, demonstration, and commercial application of 
        advanced energy technologies.
            (2) Technology development focus.--The Secretary shall 
        designate for each Hub a unique advanced energy technology or 
        basic research focus.
            (3) Coordination.--The Secretary shall ensure the 
        coordination of, and avoid unnecessary duplication of, the 
        activities of each Hub with the activities of--
                    (A) other research entities of the Department, 
                including the National Laboratories, the Advanced 
                Research Projects Agency--Energy, and Energy Frontier 
                Research Centers; and
                    (B) industry.
    (c) Application Process.--
            (1) Eligibility.--To be eligible to receive an award for 
        the establishment and operation of a Hub under subsection 
        (b)(1), a consortium shall--
                    (A) be composed of not fewer than two qualifying 
                entities;
                    (B) operate subject to a binding agreement, entered 
                into by each member of the consortium, that documents--
                            (i) the proposed partnership agreement, 
                        including the governance and management 
                        structure of the Hub;
                            (ii) measures the consortium will undertake 
                        to enable cost-effective implementation of 
                        activities under the program described in 
                        subsection (b)(1); and
                            (iii) a proposed budget, including 
                        financial contributions from non-Federal 
                        sources; and
                    (C) operate as a nonprofit organization.
            (2) Application.--
                    (A) In general.--A consortium seeking to establish 
                and operate a Hub under subsection (b)(1) shall submit 
                to the Secretary an application at such time, in such 
                manner, and containing such information as the 
                Secretary may require, including a detailed description 
                of each element of the consortium agreement required 
                under paragraph (1)(B).
                    (B) Requirement.--If the consortium members will 
                not be located at one centralized location, the 
                application under subparagraph (A) shall include a 
                communications plan that ensures close coordination and 
                integration of Hub activities.
            (3) Selection.--
                    (A) In general.--The Secretary shall select 
                consortia for awards for the establishment and 
                operation of Hubs through a competitive selection 
                process.
                    (B) Considerations.--In selecting consortia under 
                subparagraph (A), the Secretary shall consider--
                            (i) the information disclosed by the 
                        consortium under this subsection; and
                            (ii) any existing facilities a consortium 
                        will provide for Hub activities.
    (d) Term.--
            (1) In general.--An award made to a Hub under this section 
        shall be for a period of not more than 5 years, subject to the 
        availability of appropriations, after which the award may be 
        renewed, subject to a rigorous merit review.
            (2) Existing hubs.--A Hub already in existence on, or 
        undergoing a renewal process on, the date of enactment of this 
        Act--
                    (A) may continue to receive support during the 5-
                year period beginning on the date of establishment of 
                that Hub; and
                    (B) shall be eligible for renewal of that support 
                at the end of that 5-year period.
    (e) Hub Operations.--
            (1) In general.--Each Hub shall conduct or provide for 
        multidisciplinary, collaborative research, development, 
        demonstration, and commercial application of advanced energy 
        technologies within the technology development focus designated 
        under subsection (b)(2).
            (2) Activities.--Each Hub shall--
                    (A) encourage collaboration and communication among 
                the member qualifying entities of the consortium and 
                awardees;
                    (B) develop and publish proposed plans and programs 
                on a publicly accessible website;
                    (C) submit an annual report to the Department 
                summarizing the activities of the Hub, including--
                            (i) detailing organizational expenditures; 
                        and
                            (ii) describing each project undertaken by 
                        the Hub; and
                    (D) monitor project implementation and 
                coordination.
            (3) Conflicts of interest.--Each Hub shall maintain 
        conflict of interest procedures, consistent with the conflict 
        of interest procedures of the Department.
            (4) Prohibition on construction.--
                    (A) In general.--Except as provided in subparagraph 
                (B)--
                            (i) no funds provided under this section 
                        may be used for construction of new buildings 
                        or facilities for Hubs; and
                            (ii) construction of new buildings or 
                        facilities shall not be considered as part of 
                        the non-Federal share of a Hub cost-sharing 
                        agreement.
                    (B) Test bed and renovation exception.--Nothing in 
                this paragraph prohibits the use of funds provided 
                under this section or non-Federal cost share funds for 
                the construction of a test bed or renovations to 
                existing buildings or facilities for the purposes of 
                research if the Secretary determines that the test bed 
                or renovations are limited to a scope and scale 
                necessary for the research to be conducted.

        TITLE III--DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Department of Energy Office of 
Science Policy Act''.

SEC. 302. MISSION.

    Section 209 of the Department of Energy Organization Act (42 U.S.C. 
7139) is amended by adding at the end the following:
    ``(c) Mission.--The mission of the Office of Science shall be the 
delivery of scientific discoveries, capabilities, and major scientific 
tools to transform the understanding of nature and to advance the 
energy, economic, and national security of the United States.''.

SEC. 303. BASIC ENERGY SCIENCES.

    (a) Energy Frontier Research Centers.--
            (1) In general.--The Director shall carry out a program to 
        provide awards, on a competitive, merit-reviewed basis, to 
        multi-institutional collaborations or other appropriate 
        entities to conduct fundamental and use-inspired energy 
        research to accelerate scientific breakthroughs.
            (2) Collaborations.--A collaboration receiving an award 
        under this subsection may include multiple types of 
        institutions and private sector entities.
            (3) Selection and duration.--
                    (A) In general.--A collaboration under this 
                subsection shall be selected for a period of 4 years.
                    (B) Existing centers.--An Energy Frontier Research 
                Center in existence and supported by the Director on 
                the date of enactment of this Act may continue to 
                receive support for a period of 4 years beginning on 
                the date of establishment of that center.
                    (C) Reapplication.--After the end of the period 
                described in subparagraph (A) or (B), as applicable, a 
                recipient of an award may reapply for selection on a 
                competitive, merit-reviewed basis.
                    (D) Termination.--Consistent with the existing 
                authorities of the Department, the Director may 
                terminate an underperforming center for cause during 
                the performance period.
            (4) No funding for construction.--No funding provided 
        pursuant to this subsection may be used for the construction of 
        new buildings or facilities.
    (b) Basic Energy Sciences User Facilities.--
            (1) In general.--The Director shall carry out a program for 
        the development, construction, operation, and maintenance of 
        national user facilities.
            (2) Requirements.--To the maximum extent practicable, the 
        national user facilities developed, constructed, operated, or 
        maintained under paragraph (1) shall serve the needs of the 
        Department, industry, the academic community, and other 
        relevant entities to create and examine materials and chemical 
        processes for the purpose of improving the competitiveness of 
        the United States.
            (3) Included facilities.--The national user facilities 
        developed, constructed, operated, or maintained under paragraph 
        (1) shall include--
                    (A) x-ray light sources;
                    (B) neutron sources;
                    (C) nanoscale science research centers; and
                    (D) such other facilities as the Director considers 
                appropriate, consistent with section 209 of the 
                Department of Energy Organization Act (42 U.S.C. 7139).
    (c) Accelerator Research and Development.--The Director shall carry 
out research and development on advanced accelerator and storage ring 
technologies relevant to the development of basic energy sciences user 
facilities, in consultation with the High Energy Physics and Nuclear 
Physics programs of the Office of Science.
    (d) Solar Fuels Research Initiative.--
            (1) In general.--Section 973 of the Energy Policy Act of 
        2005 (42 U.S.C. 16313) is amended to read as follows:

``SEC. 973. SOLAR FUELS RESEARCH INITIATIVE.

    ``(a) Initiative.--
            ``(1) In general.--The Secretary shall carry out a research 
        initiative, to be known as the `Solar Fuels Research 
        Initiative' (referred to in this section as the `Initiative') 
        to expand theoretical and fundamental knowledge of 
        photochemistry, electrochemistry, biochemistry, and materials 
        science useful for the practical development of experimental 
        systems to convert solar energy to chemical energy.
            ``(2) Leveraging.--In carrying out programs and activities 
        under the Initiative, the Secretary shall leverage expertise 
        and resources from--
                    ``(A) the Basic Energy Sciences Program and the 
                Biological and Environmental Research Program of the 
                Office of Science; and
                    ``(B) the Office of Energy Efficiency and Renewable 
                Energy.
            ``(3) Teams.--
                    ``(A) In general.--In carrying out the Initiative, 
                the Secretary shall organize activities among 
                multidisciplinary teams to leverage, to the maximum 
                extent practicable, expertise from the National 
                Laboratories, institutions of higher education, and the 
                private sector.
                    ``(B) Goals.--The multidisciplinary teams described 
                in subparagraph (A) shall pursue aggressive, milestone-
                driven, basic research goals.
                    ``(C) Resources.--The Secretary shall provide 
                sufficient resources to the multidisciplinary teams 
                described in subparagraph (A) to achieve the goals 
                described in subparagraph (B) over a period of time to 
                be determined by the Secretary.
            ``(4) Additional activities.--The Secretary may organize 
        additional activities under this subsection through Energy 
        Frontier Research Centers, Energy Innovation Hubs, or other 
        organizational structures.
    ``(b) Artificial Photosynthesis.--
            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research needed to bridge 
        scientific barriers to, and discover knowledge relevant to, 
        artificial photosynthetic systems.
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--
                    ``(A) the Director of the Office of Basic Energy 
                Sciences shall support basic research to pursue 
                distinct lines of scientific inquiry, including--
                            ``(i) photoinduced production of hydrogen 
                        and oxygen from water; and
                            ``(ii) the sustainable photoinduced 
                        reduction of carbon dioxide to fuel products 
                        including hydrocarbons, alcohols, carbon 
                        monoxide, and natural gas; and
                    ``(B) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.
            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.
    ``(c) Biochemistry, Replication of Natural Photosynthesis, and 
Related Processes.--
            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research needed to replicate 
        natural photosynthetic processes by use of artificial 
        photosynthetic components and materials.
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--
                    ``(A) the Director of the Office of Basic Energy 
                Sciences shall support basic research to expand 
                fundamental knowledge to replicate natural synthesis 
                processes, including--
                            ``(i) the photoinduced reduction of 
                        dinitrogen to ammonia;
                            ``(ii) the absorption of carbon dioxide 
                        from ambient air;
                            ``(iii) molecular-based charge separation 
                        and storage;
                            ``(iv) photoinitiated electron transfer; 
                        and
                            ``(v) catalysis in biological or biomimetic 
                        systems;
                    ``(B) the Associate Director of Biological and 
                Environmental Research shall support systems biology 
                and genomics approaches to understand genetic and 
                physiological pathways connected to photosynthetic 
                mechanisms; and
                    ``(C) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.
            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.''.
            (2) Conforming amendment.--The table of contents for the 
        Energy Policy Act of 2005 is amended by striking the item 
        relating to section 973 and inserting the following:

``Sec. 973. Solar fuels research initiative.''.
    (e) Electricity Storage Research Initiative.--
            (1) In general.--Section 975 of the Energy Policy Act of 
        2005 (42 U.S.C. 16315) is amended to read as follows:

``SEC. 975. ELECTRICITY STORAGE RESEARCH INITIATIVE.

    ``(a) Initiative.--
            ``(1) In general.--The Secretary shall carry out a research 
        initiative, to be known as the `Electricity Storage Research 
        Initiative' (referred to in this section as the `Initiative')--
                    ``(A) to expand theoretical and fundamental 
                knowledge to control, store, and convert--
                            ``(i) electrical energy to chemical energy; 
                        and
                            ``(ii) chemical energy to electrical 
                        energy; and
                    ``(B) to support scientific inquiry into the 
                practical understanding of chemical and physical 
                processes that occur within systems involving 
                crystalline and amorphous solids, polymers, and organic 
                and aqueous liquids.
            ``(2) Leveraging.--In carrying out programs and activities 
        under the Initiative, the Secretary shall leverage expertise 
        and resources from--
                    ``(A) the Basic Energy Sciences Program, the 
                Advanced Scientific Computing Research Program, and the 
                Biological and Environmental Research Program of the 
                Office of Science; and
                    ``(B) the Office of Energy Efficiency and Renewable 
                Energy.
            ``(3) Teams.--
                    ``(A) In general.--In carrying out the Initiative, 
                the Secretary shall organize activities among 
                multidisciplinary teams to leverage, to the maximum 
                extent practicable, expertise from the National 
                Laboratories, institutions of higher education, and the 
                private sector.
                    ``(B) Goals.--The multidisciplinary teams described 
                in subparagraph (A) shall pursue aggressive, milestone-
                driven, basic research goals.
                    ``(C) Resources.--The Secretary shall provide 
                sufficient resources to the multidisciplinary teams 
                described in subparagraph (A) to achieve the goals 
                described in subparagraph (B) over a period of time to 
                be determined by the Secretary.
            ``(4) Additional activities.--The Secretary may organize 
        additional activities under this subsection through Energy 
        Frontier Research Centers, Energy Innovation Hubs, or other 
        organizational structures.
    ``(b) Multivalent Systems.--
            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research needed to bridge 
        scientific barriers to, and discover knowledge relevant to, 
        multivalent ion materials in electric energy storage systems.
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--
                    ``(A) the Director of the Office of Basic Energy 
                Sciences shall investigate electrochemical properties 
                and the dynamics of materials, including charge 
                transfer phenomena and mass transport in materials; and
                    ``(B) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.
            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.
    ``(c) Electrochemistry Modeling and Simulation.--
            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research to model and simulate 
        organic electrolytes, including the static and dynamic 
        electrochemical behavior and phenomena of organic electrolytes 
        at the molecular and atomic level in monovalent and multivalent 
        systems.
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--
                    ``(A) the Director of the Office of Basic Energy 
                Sciences, in coordination with the Associate Director 
                of Advanced Scientific Computing Research, shall 
                support the development of high performance 
                computational tools through a joint development process 
                to maximize the effectiveness of current and projected 
                high performance computing systems; and
                    ``(B) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.
            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.
    ``(d) Mesoscale Electrochemistry.--
            ``(1) In general.--The Secretary shall carry out under the 
        Initiative a program to support research needed to reveal 
        electrochemistry in confined mesoscale spaces, including 
        scientific discoveries relevant to--
                    ``(A) bio-electrochemistry and electrochemical 
                energy conversion and storage in confined spaces; and
                    ``(B) the dynamics of the phenomena described in 
                subparagraph (A).
            ``(2) Activities.--As part of the program described in 
        paragraph (1)--
                    ``(A) the Director of the Office of Basic Energy 
                Sciences and the Associate Director of Biological and 
                Environmental Research shall investigate phenomena of 
                mesoscale electrochemical confinement for the purpose 
                of replicating and controlling new electrochemical 
                behavior; and
                    ``(B) the Assistant Secretary for Energy Efficiency 
                and Renewable Energy shall support translational 
                research, development, and validation of physical 
                concepts developed under the program.
            ``(3) Standard of review.--The Secretary shall review 
        activities carried out under the program described in paragraph 
        (1) to determine the achievement of technical milestones.
            ``(4) Prohibition.--No funds allocated to the program 
        described in paragraph (1) may be obligated or expended for 
        commercial application of energy technology.''.
            (2) Conforming amendment.--The table of contents for the 
        Energy Policy Act of 2005 is amended by striking the item 
        relating to section 975 and inserting the following:

``Sec. 975. Electricity storage research initiative.''.

SEC. 304. ADVANCED SCIENTIFIC COMPUTING RESEARCH.

    (a) American Super Computing Leadership.--
            (1) Renaming of act.--
                    (A) In general.--Section 1 of the Department of 
                Energy High-End Computing Revitalization Act of 2004 
                (15 U.S.C. 5501 note; Public Law 108-423) is amended by 
                striking ``Department of Energy High-End Computing 
                Revitalization Act of 2004'' and inserting ``American 
                Super Computing Leadership Act of 2017''.
                    (B) Conforming amendment.--Section 976(a)(1) of the 
                Energy Policy Act of 2005 (42 U.S.C. 16316(1)) is 
                amended by striking ``Department of Energy High-End 
                Computing Revitalization Act of 2004'' and inserting 
                ``American Super Computing Leadership Act of 2017''.
            (2) Definitions.--Section 2 of the American Super Computing 
        Leadership Act of 2017 (15 U.S.C. 5541) is amended--
                    (A) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively;
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Department.--The term `Department' means the 
        Department of Energy.
            ``(2) Exascale computing.--The term `exascale computing' 
        means computing through the use of a computing machine that 
        performs near or above 10 to the 18th power operations per 
        second.''; and
                    (C) in paragraph (6) (as redesignated by 
                subparagraph (A)), by striking ``, acting through the 
                Director of the Office of Science of the Department of 
                Energy''.
            (3) Department of energy high-end computing research and 
        development program.--Section 3 of the American Super Computing 
        Leadership Act of 2017 (15 U.S.C. 5542) is amended--
                    (A) in subsection (a)(1), by striking ``program'' 
                and inserting ``coordinated program across the 
                Department'';
                    (B) in subsection (b)(2), by striking ``, which 
                may'' and all that follows through ``architectures''; 
                and
                    (C) by striking subsection (d) and inserting the 
                following:
    ``(d) Exascale Computing Program.--
            ``(1) In general.--The Secretary shall conduct a research 
        program (referred to in this subsection as the `Program') for 
        exascale computing, including the development of two or more 
        exascale computing machine architectures, to promote the 
        missions of the Department.
            ``(2) Execution.--
                    ``(A) In general.--In carrying out the Program, the 
                Secretary shall--
                            ``(i) establish two or more National 
                        Laboratory partnerships with industry partners 
                        and institutions of higher education for the 
                        research and development of two or more 
                        exascale computing architectures across all 
                        applicable organizations of the Department;
                            ``(ii) conduct mission-related codesign 
                        activities in developing the exascale computing 
                        architectures under clause (i);
                            ``(iii) develop such advancements in 
                        hardware and software technology as are 
                        required to fully realize the potential of an 
                        exascale production system in addressing 
                        Department target applications and solving 
                        scientific problems involving predictive 
                        modeling and simulation and large scale data 
                        analytics and management;
                            ``(iv) explore the use of exascale 
                        computing technologies to advance a broad range 
                        of science and engineering; and
                            ``(v) provide, as appropriate, on a 
                        competitive, merit-reviewed basis, access for 
                        researchers in industries in the United States, 
                        institutions of higher education, National 
                        Laboratories, and other Federal agencies to the 
                        exascale computing systems developed pursuant 
                        to clause (i).
                    ``(B) Selection of partners.--The Secretary shall 
                select the partnerships with the computing facilities 
                of the Department under subparagraph (A) through a 
                competitive, peer-review process.
            ``(3) Codesign and application development.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) carry out the Program through an 
                        integration of applications, computer science, 
                        applied mathematics, and computer hardware 
                        architecture using the partnerships established 
                        pursuant to paragraph (2) to ensure that, to 
                        the maximum extent practicable, two or more 
                        exascale computing machine architectures are 
                        capable of solving Department target 
                        applications and broader scientific problems, 
                        including predictive modeling and simulation 
                        and large scale data analytics and management; 
                        and
                            ``(ii) conduct outreach programs to 
                        increase the readiness for the use of such 
                        platforms by domestic industries, including 
                        manufacturers.
                    ``(B) Report.--The Secretary shall submit to 
                Congress a report describing--
                            ``(i) how the integration under 
                        subparagraph (A) is furthering application 
                        science data and computational workloads across 
                        application interests, including national 
                        security, material science, physical science, 
                        cybersecurity, biological science, the 
                        Materials Genome and BRAIN Initiatives of the 
                        President, advanced manufacturing, and the 
                        national electric grid; and
                            ``(ii) the roles and responsibilities of 
                        National Laboratories and industry, including 
                        the definition of the roles and 
                        responsibilities within the Department to 
                        ensure an integrated program across the 
                        Department.
            ``(4) Project review.--
                    ``(A) In general.--The exascale architectures 
                developed pursuant to partnerships established pursuant 
                to paragraph (2) shall be reviewed through a project 
                review process.
                    ``(B) Report.--Not later than 90 days after the 
                date of enactment of this subsection, the Secretary 
                shall submit to Congress a report on--
                            ``(i) the results of the review conducted 
                        under subparagraph (A); and
                            ``(ii) the coordination and management of 
                        the Program to ensure an integrated research 
                        program across the Department.
            ``(5) Annual reports.--At the time of the budget submission 
        of the Department for each fiscal year, the Secretary, in 
        consultation with the members of the partnerships established 
        pursuant to paragraph (2), shall submit to Congress a report 
        that describes funding for the Program as a whole by functional 
        element of the Department and critical milestones.''.
    (b) High-Performance Computing and Networking Research.--The 
Director shall support research in high-performance computing and 
networking relevant to energy applications, including modeling, 
simulation, and advanced data analytics for basic and applied energy 
research programs carried out by the Secretary.
    (c) Applied Mathematics and Software Development for High-End 
Computing Systems.--The Director shall carry out activities to develop, 
test, and support--
            (1) mathematics, models, and algorithms for complex systems 
        and programming environments; and
            (2) tools, languages, and operating systems for high-end 
        computing systems (as defined in section 2 of the American 
        Super Computing Leadership Act of 2017 (15 U.S.C. 5541)).

SEC. 305. HIGH-ENERGY PHYSICS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Director should incorporate the findings and 
        recommendations of the report of the Particle Physics Project 
        Prioritization Panel entitled ``Building for Discovery: 
        Strategic Plan for U.S. Particle Physics in the Global 
        Context'' into the planning process of the Department; and
            (2) the nations that lead in particle physics by hosting 
        international teams dedicated to a common scientific goal 
        attract the world's best talent and inspire future generations 
        of physicists and technologists.
    (b) International Collaboration.--The Director, as practicable and 
in coordination with other appropriate Federal agencies as necessary, 
shall ensure the access of United States researchers to the most 
advanced accelerator facilities and research capabilities in the world, 
including the Large Hadron Collider.
    (c) Neutrino Research.--The Director shall carry out research 
activities on rare decay processes and the nature of the neutrino, 
which may include collaborations with the National Science Foundation 
or international collaborations.
    (d) Dark Energy and Dark Matter Research.--The Director shall carry 
out research activities on the nature of dark energy and dark matter, 
which may include collaborations with the National Aeronautics and 
Space Administration or the National Science Foundation; or 
international collaborations.

SEC. 306. BIOLOGICAL AND ENVIRONMENTAL RESEARCH.

    (a) Biological Systems.--The Director shall carry out research and 
development activities in fundamental, structural, computational, and 
systems biology to increase systems-level understanding of the complex 
biological systems, which may include activities--
            (1) to accelerate breakthroughs and new knowledge that 
        would enable the cost-effective, sustainable production of--
                    (A) biomass-based liquid transportation fuels;
                    (B) bioenergy; and
                    (C) biobased materials;
            (2) to improve understanding of the global carbon cycle, 
        including processes for removing carbon dioxide from the 
        atmosphere, through photosynthesis and other biological 
        processes, for sequestration and storage; and
            (3) to understand the biological mechanisms used to 
        transform, immobilize, or remove contaminants from subsurface 
        environments.
    (b) Limitation for Research Funds.--The Director shall not approve 
new climate science-related initiatives without making a determination 
that such work is well-coordinated with any relevant work carried out 
by other Federal agencies.
    (c) Low-Dose Radiation Research Program.--
            (1) In general.--The Director shall carry out a research 
        program on low-dose radiation.
            (2) Purpose.--The purpose of the program is to enhance the 
        scientific understanding of, and reduce uncertainties 
        associated with, the effects of exposure to low-dose radiation 
        to inform improved risk-management methods.

SEC. 307. FUSION ENERGY.

    (a) Fusion Materials Research and Development.--As part of the 
activities authorized in section 978 of the Energy Policy Act of 2005 
(42 U.S.C. 16318)--
            (1) the Director, in coordination with the Assistant 
        Secretary for Nuclear Energy of the Department, shall carry out 
        research and development activities to identify, characterize, 
        and demonstrate materials that can endure the neutron, plasma, 
        and heat fluxes expected in a fusion power system; and
            (2) the Director shall provide an assessment of--
                    (A) the need for one or more facilities that can 
                examine and test potential fusion and next generation 
                fission materials and other enabling technologies 
                relevant to the development of fusion power; and
                    (B) whether a single new facility that 
                substantially addresses magnetic fusion and next 
                generation fission materials research needs is 
                feasible, in conjunction with the expected capabilities 
                of facilities operational as of the date of enactment 
                of this Act.
    (b) Tokamak Research and Development.--The Director shall support 
research and development activities and facility operations to optimize 
the tokamak approach to fusion energy.
    (c) Inertial Fusion Energy Research and Development.--The Director 
shall support research and development activities for inertial fusion 
for energy applications.
    (d) Alternative and Enabling Concepts.--The Director shall support 
research and development activities and facility operations at 
institutions of higher education, National Laboratories, and private 
facilities in the United States for a portfolio of alternative and 
enabling fusion energy concepts that may provide solutions to 
significant challenges to the establishment of a commercial magnetic 
fusion power plant, prioritized based on the ability of the United 
States to play a leadership role in the international fusion research 
community.
    (e) Coordination With ARPA-E.--The Director shall coordinate with 
the Director of the Advanced Research Projects Agency-Energy (referred 
to in this subsection as ``ARPA-E'') to--
            (1) assess the potential for any fusion energy project 
        supported by ARPA-E to represent a promising approach to a 
        commercially viable fusion power plant;
            (2) determine whether the results of any fusion energy 
        project supported by ARPA-E merit the support of follow-on 
        research activities carried out by the Office of Science; and
            (3) avoid the unintentional duplication of activities.
    (f) Fairness in Competition for Solicitations for International 
Project Activities.--Section 33 of the Atomic Energy Act of 1954 (42 
U.S.C. 2053) is amended by inserting before the first sentence the 
following: ``In this section, with respect to international research 
projects, the term `private facilities or laboratories' means 
facilities or laboratories located in the United States.''.
    (g) Identification of Priorities.--
            (1) Report.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary shall 
                submit to Congress a report on the fusion energy 
                research and development activities that the Department 
                proposes to carry out over the 10-year period following 
                the date of the report under not fewer than 3 realistic 
                budget scenarios, including a scenario based on 3-
                percent annual growth in the non-ITER portion of the 
                budget for fusion energy research and development 
                activities.
                    (B) Inclusions.--The report required under 
                subparagraph (A) shall--
                            (i) identify specific areas of fusion 
                        energy research and enabling technology 
                        development in which the United States can and 
                        should establish or solidify a lead in the 
                        global fusion energy development effort;
                            (ii) identify priorities for initiation of 
                        facility construction and facility 
                        decommissioning under each of the three budget 
                        scenarios described in subparagraph (A); and
                            (iii) assess the ability of the fusion 
                        workforce of the United States to carry out the 
                        activities identified under clauses (i) and 
                        (ii), including the adequacy of programs at 
                        institutions of higher education in the United 
                        States to train the leaders and workers of the 
                        next generation of fusion energy researchers.
            (2) Process.--In order to develop the report required under 
        paragraph (1)(A), the Secretary shall leverage best practices 
        and lessons learned from the process used to develop the most 
        recent report of the Particle Physics Project Prioritization 
        Panel of the High Energy Physics Advisory Panel.
            (3) Requirement.--No member of the Fusion Energy Sciences 
        Advisory Committee shall be excluded from participating in 
        developing or voting on final approval of the report required 
        under paragraph (1)(A).

SEC. 308. NUCLEAR PHYSICS.

    (a) Isotope Development and Production for Research Applications.--
The Director--
            (1) may carry out a program for the production of isotopes, 
        including the development of techniques to produce isotopes, 
        that the Secretary determines are needed for research, medical, 
        industrial, or related purposes; and
            (2) shall ensure that isotope production activities carried 
        out under the program under this paragraph do not compete with 
        private industry unless the Director determines that critical 
        national interests require the involvement of the Federal 
        Government.
    (b) Renaming of the Rare Isotope Accelerator.--Section 981 of the 
Energy Policy Act of 2005 (42 U.S.C. 16321) is amended--
            (1) in the section heading, by striking ``rare isotope 
        accelerator'' and inserting ``facility for rare isotope 
        beams''; and
            (2) by striking ``Rare Isotope Accelerator'' each place it 
        appears and inserting ``Facility for Rare Isotope Beams''.

SEC. 309. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.

    (a) In General.--The Director shall carry out a program to improve 
the safety, efficiency, and mission readiness of infrastructure at 
laboratories of the Office of Science.
    (b) Inclusions.--The program under subsection (a) shall include 
projects--
            (1) to renovate or replace space that does not meet 
        research needs;
            (2) to replace facilities that are no longer cost effective 
        to renovate or operate;
            (3) to modernize utility systems to prevent failures and 
        ensure efficiency;
            (4) to remove excess facilities to allow safe and efficient 
        operations; and
            (5) to construct modern facilities to conduct advanced 
        research in controlled environmental conditions.

            TITLE IV--NUCLEAR ENERGY INNOVATION CAPABILITIES

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Nuclear Energy Innovation 
Capabilities Act''.

SEC. 402. NUCLEAR ENERGY INNOVATION CAPABILITIES.

    (a) Nuclear Energy.--Section 951 of the Energy Policy Act of 2005 
(42 U.S.C. 16271) is amended to read as follows:

``SEC. 951. NUCLEAR ENERGY.

    ``(a) Mission.--
            ``(1) In general.--The Secretary shall carry out programs 
        of civilian nuclear research, development, demonstration, and 
        commercial application, including activities under this 
        subtitle.
            ``(2) Considerations.--The programs carried out under 
        paragraph (1) shall take into consideration the following 
        objectives:
                    ``(A) Providing research infrastructure to promote 
                scientific progress and enable users from academia, the 
                National Laboratories, and the private sector to make 
                scientific discoveries relevant for nuclear, chemical, 
                and materials science engineering.
                    ``(B) Maintaining nuclear energy research and 
                development programs at the National Laboratories and 
                institutions of higher education, including 
                infrastructure at the National Laboratories and 
                institutions of higher education.
                    ``(C) Providing the technical means to reduce the 
                likelihood of nuclear proliferation.
                    ``(D) Increasing confidence margins for public 
                safety of nuclear energy systems.
                    ``(E) Reducing the environmental impact of 
                activities relating to nuclear energy.
                    ``(F) Supporting technology transfer from the 
                National Laboratories to the private sector.
                    ``(G) Enabling the private sector to partner with 
                the National Laboratories to demonstrate novel reactor 
                concepts for the purpose of resolving technical 
                uncertainty associated with the objectives described in 
                subparagraphs (A) through (F).
    ``(b) Definitions.--In this subtitle:
            ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
        reactor' means--
                    ``(A) a nuclear fission reactor with significant 
                improvements over the most recent generation of nuclear 
                fission reactors, which may include--
                            ``(i) inherent safety features;
                            ``(ii) lower waste yields;
                            ``(iii) greater fuel utilization;
                            ``(iv) superior reliability;
                            ``(v) resistance to proliferation;
                            ``(vi) increased thermal efficiency; and
                            ``(vii) the ability to integrate into 
                        electric and nonelectric applications; or
                    ``(B) a nuclear fusion reactor.
            ``(2) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(3) Fast neutron.--The term `fast neutron' means a 
        neutron with kinetic energy above 100 kiloelectron volts.
            ``(4) National laboratory.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `National Laboratory' has 
                the meaning given the term in section 2.
                    ``(B) Limitation.--With respect to the Lawrence 
                Livermore National Laboratory, the Los Alamos National 
                Laboratory, and the Sandia National Laboratories, the 
                term `National Laboratory' means only the civilian 
                activities of the laboratory.
            ``(5) Neutron flux.--The term `neutron flux' means the 
        intensity of neutron radiation measured as a rate of flow of 
        neutrons applied over an area.
            ``(6) Neutron source.--The term `neutron source' means a 
        research machine that provides neutron irradiation services 
        for--
                    ``(A) research on materials sciences and nuclear 
                physics; and
                    ``(B) testing of advanced materials, nuclear fuels, 
                and other related components for reactor systems.''.
    (b) Nuclear Energy Research Programs.--
            (1) In general.--Section 952 of the Energy Policy Act of 
        2005 (42 U.S.C. 16272) is amended--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.
            (2) Conforming amendment.--Section 641(b)(1) of the Energy 
        Policy Act of 2005 (42 U.S.C. 16021(b)(1)) is amended by 
        striking ``section 942(d)'' and inserting ``section 952(c)''.
    (c) Advanced Fuel Cycle Initiative.--Section 953(a) of the Energy 
Policy Act of 2005 (42 U.S.C. 16273(a)) is amended by striking ``, 
acting through the Director of the Office of Nuclear Energy, Science 
and Technology,''.
    (d) University Nuclear Science and Engineering Support.--Section 
954(d)(4) of the Energy Policy Act of 2005 (42 U.S.C. 16274(d)(4)) is 
amended by striking ``as part of a taking into consideration effort 
that emphasizes'' and inserting ``that emphasize''.
    (e) Department of Energy Civilian Nuclear Infrastructure and 
Facilities.--Section 955 of the Energy Policy Act of 2005 (42 U.S.C. 
16275) is amended--
            (1) by striking subsections (c) and (d); and
            (2) by adding at the end the following:
    ``(c) Versatile Neutron Source.--
            ``(1) Mission need.--
                    ``(A) In general.--Not later than December 31, 
                2017, the Secretary shall determine the mission need 
                for a versatile reactor-based fast neutron source, 
                which shall operate as a national user facility.
                    ``(B) Consultations required.--In carrying out 
                subparagraph (A), the Secretary shall consult with the 
                private sector, institutions of higher education, the 
                National Laboratories, and relevant Federal agencies to 
                ensure that the user facility described in subparagraph 
                (A) will meet the research needs of the largest 
                practicable majority of prospective users.
            ``(2) Establishment.--As soon as practicable after 
        determining the mission need under paragraph (1)(A), the 
        Secretary shall submit to the appropriate committees of 
        Congress a detailed plan for the establishment of the user 
        facility.
            ``(3) Facility requirements.--
                    ``(A) Capabilities.--The Secretary shall ensure 
                that the user facility will provide, at a minimum, the 
                following capabilities:
                            ``(i) Fast neutron spectrum irradiation 
                        capability.
                            ``(ii) Capacity for upgrades to accommodate 
                        new or expanded research needs.
                    ``(B) Considerations.--In carrying out the plan 
                submitted under paragraph (2), the Secretary shall 
                consider the following:
                            ``(i) Capabilities that support 
                        experimental high-temperature testing.
                            ``(ii) Providing a source of fast neutrons 
                        at a neutron flux, higher than that at which 
                        current research facilities operate, sufficient 
                        to enable research for an optimal base of 
                        prospective users.
                            ``(iii) Maximizing irradiation flexibility 
                        and irradiation volume to accommodate as many 
                        concurrent users as possible.
                            ``(iv) Capabilities for irradiation with 
                        neutrons of a lower energy spectrum.
                            ``(v) Multiple loops for fuels and 
                        materials testing in different coolants.
                            ``(vi) Additional pre-irradiation and post-
                        irradiation examination capabilities.
                            ``(vii) Lifetime operating costs and 
                        lifecycle costs.
            ``(4) Deadline for establishment.--The Secretary shall, to 
        the maximum extent practicable, complete construction of, and 
        approve the start of operations for, the user facility by not 
        later than December 31, 2025.
            ``(5) Reporting.--The Secretary shall include in the annual 
        budget request of the Department an explanation for any delay 
        in the progress of the Department in completing the user 
        facility by the deadline described in paragraph (4).
            ``(6) Coordination.--The Secretary shall leverage the best 
        practices for management, construction, and operation of 
        national user facilities from the Office of Science.''.
    (f) Security of Nuclear Facilities.--Section 956 of the Energy 
Policy Act of 2005 (42 U.S.C. 16276) is amended by striking ``, acting 
through the Director of the Office of Nuclear Energy, Science and 
Technology,''.
    (g) High-Performance Computation and Supportive Research.--Section 
957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is amended to 
read as follows:

``SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.

    ``(a) Modeling and Simulation.--The Secretary shall carry out a 
program to enhance the capabilities of the United States to develop new 
reactor technologies through high-performance computation modeling and 
simulation techniques.
    ``(b) Coordination.--In carrying out the program under subsection 
(a), the Secretary shall coordinate with relevant Federal agencies as 
described by the National Strategic Computing Initiative established by 
Executive Order No. 13702 (80 Fed. Reg. 46177 (July 29, 2015)), while 
taking into account the following objectives:
            ``(1) Using expertise from the private sector, institutions 
        of higher education, and the National Laboratories to develop 
        computational software and capabilities that prospective users 
        may access to accelerate research and development of advanced 
        nuclear reactor systems and reactor systems for space 
        exploration.
            ``(2) Developing computational tools to simulate and 
        predict nuclear phenomena that may be validated through 
        physical experimentation.
            ``(3) Increasing the utility of the research infrastructure 
        of the Department by coordinating with the Advanced Scientific 
        Computing Research program within the Office of Science.
            ``(4) Leveraging experience from the Energy Innovation Hub 
        for Modeling and Simulation.
            ``(5) Ensuring that new experimental and computational 
        tools are accessible to relevant research communities, 
        including private sector entities engaged in nuclear energy 
        technology development.
    ``(c) Supportive Research Activities.--The Secretary shall consider 
support for additional research activities to maximize the utility of 
the research facilities of the Department, including physical 
processes--
            ``(1) to simulate degradation of materials and behavior of 
        fuel forms; and
            ``(2) for validation of computational tools.''.
    (h) Enabling Nuclear Energy Innovation.--Subtitle E of title IX of 
the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by 
adding at the end the following:

``SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.

    ``(a) National Reactor Innovation Center.--
            ``(1) In general.--There is authorized a program to enable 
        the testing and demonstration of reactor concepts to be 
        proposed and funded by the private sector.
            ``(2) Participation.--Nothing in this section shall prevent 
        a private sector entity that has received Federal grants from 
        participating in this program.
    ``(b) Technical Expertise.--In carrying out the program under 
subsection (a), the Secretary shall leverage the technical expertise of 
relevant Federal agencies and the National Laboratories in order to 
minimize the time required to enable construction and operation of 
privately funded experimental reactors at National Laboratories or 
other Department-owned sites.
    ``(c) Objectives.--The reactors described in subsection (b) shall 
operate to meet the following objectives:
            ``(1) Enabling physical validation of advanced nuclear 
        reactor concepts.
            ``(2) Resolving technical uncertainty and increasing 
        practical knowledge relevant to safety, resilience, security, 
        and functionality of advanced nuclear reactor concepts.
            ``(3) General research and development to improve nascent 
        technologies.
    ``(d) Sharing Technical Expertise.--In carrying out the program 
under subsection (a), the Secretary may enter into a memorandum of 
understanding with the Chairman of the Commission in order to share 
technical expertise and knowledge through--
            ``(1) enabling the testing and demonstration of advanced 
        nuclear reactor concepts to be proposed and funded by the 
        private sector;
            ``(2) operating a database to store and share data and 
        knowledge relevant to nuclear science and engineering between 
        Federal agencies and the private sector;
            ``(3) developing and testing electric and nonelectric 
        integration and energy conversion systems relevant to advanced 
        nuclear reactors;
            ``(4) leveraging expertise from the Commission with respect 
        to safety analysis; and
            ``(5) enabling technical staff of the Commission to 
        actively observe and learn about technologies developed under 
        the program.
    ``(e) Agency Coordination.--The Chairman of the Commission and the 
Secretary shall enter into a memorandum of understanding regarding the 
following:
            ``(1) Ensuring that--
                    ``(A) the Department has sufficient technical 
                expertise to support the timely research, development, 
                demonstration, and commercial application by the 
                civilian nuclear industry of safe and innovative 
                advanced nuclear reactor technology; and
                    ``(B) the Commission has sufficient technical 
                expertise to support the evaluation of applications for 
                licenses, permits, and design certifications and other 
                requests for regulatory approval for advanced nuclear 
                reactors.
            ``(2) The use of computers and software codes to calculate 
        the behavior and performance of advanced nuclear reactors based 
        on mathematical models of the physical behavior of advanced 
        nuclear reactors.
            ``(3) Ensuring that--
                    ``(A) the Department maintains and develops the 
                facilities necessary to enable the timely research, 
                development, demonstration, and commercial application 
                by the civilian nuclear industry of safe and innovative 
                reactor technology; and
                    ``(B) the Commission has access to the facilities 
                described in subparagraph (A), as needed.
    ``(f) Reporting Requirements.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Nuclear Energy Innovation Capabilities Act 
        of 2017, the Secretary, in consultation with the National 
        Laboratories, relevant Federal agencies, and other 
        stakeholders, shall submit to the appropriate committees of 
        Congress a report assessing the capabilities of the Department 
        to authorize, host, and oversee privately funded experimental 
        advanced nuclear reactors as described in subsection (b).
            ``(2) Contents.--The report submitted under paragraph (1) 
        shall address--
                    ``(A) the safety review and oversight capabilities 
                of the Department, including options to leverage 
                expertise from the Commission and the National 
                Laboratories;
                    ``(B) options to regulate privately proposed and 
                funded experimental reactors hosted by the Department;
                    ``(C) potential sites capable of hosting privately 
                funded experimental advanced nuclear reactors;
                    ``(D) the efficacy of the available contractual 
                mechanisms of the Department to partner with the 
                private sector and Federal agencies, including 
                cooperative research and development agreements, 
                strategic partnership projects, and agreements for 
                commercializing technology;
                    ``(E) the liability of the Federal Government with 
                respect to the disposal of low-level radioactive waste, 
                spent nuclear fuel, or high-level radioactive waste (as 
                those terms are defined in section 2 of the Nuclear 
                Waste Policy Act of 1982 (42 U.S.C. 10101));
                    ``(F) the impact on the aggregate inventory in the 
                United States of low-level radioactive waste, spent 
                nuclear fuel, or high-level radioactive waste (as those 
                terms are defined in section 2 of the Nuclear Waste 
                Policy Act of 1982 (42 U.S.C. 10101));
                    ``(G) potential cost structures relating to 
                physical security, decommissioning, liability, and 
                other long-term project costs; and
                    ``(H) other challenges or considerations identified 
                by the Secretary.
            ``(3) Updates.--Once every 2 years, the Secretary shall 
        update relevant provisions of the report submitted under 
        paragraph (1) and submit to the appropriate committees of 
        Congress the update.
    ``(g) Savings Clauses.--
            ``(1) Licensing requirement.--Nothing in this section 
        authorizes the Secretary or any person to construct or operate 
        a nuclear reactor for the purpose of demonstrating the 
        suitability for commercial application of the nuclear reactor 
        unless licensed by the Commission in accordance with section 
        202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842).
            ``(2) Financial protection.--Any activity carried out under 
        this section that involves the risk of public liability shall 
        be subject to the financial protection or indemnification 
        requirements of section 170 of the Atomic Energy Act of 1954 
        (42 U.S.C. 2210) (commonly known as the `Price-Anderson 
        Act').''.
    (i) Budget Plan.--Subtitle E of title IX of the Energy Policy Act 
of 2005 (42 U.S.C. 16271 et seq.) (as amended by subsection (h)) is 
amended by adding at the end the following:

``SEC. 959. BUDGET PLAN.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Nuclear Energy Innovation Capabilities Act of 2017, 
the Secretary shall submit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Science, Space, and 
Technology of the House of Representatives 2 alternative 10-year budget 
plans for civilian nuclear energy research and development by the 
Secretary, as described in subsections (b) through (d).
    ``(b) Budget Plan Alternative 1.--One of the budget plans submitted 
under subsection (a) shall assume constant annual funding for 10 years 
at the appropriated level for the civilian nuclear energy research and 
development of the Department for fiscal year 2016.
    ``(c) Budget Plan Alternative 2.--One of the budget plans submitted 
under subsection (a) shall be an unconstrained budget.
    ``(d) Inclusions.--Each alternative budget plan submitted under 
subsection (a) shall include--
            ``(1) a prioritized list of the programs, projects, and 
        activities of the Department to best support the development of 
        advanced nuclear reactor technologies;
            ``(2) realistic budget requirements for the Department to 
        implement sections 955(c), 957, and 958; and
            ``(3) the justification of the Department for continuing or 
        terminating existing civilian nuclear energy research and 
        development programs.''.
    (j) Conforming Amendments.--The table of contents for the Energy 
Policy Act of 2005 is amended by striking the item relating to section 
957 and inserting the following:

``957. High-performance computation and supportive research.
``958. Enabling nuclear energy innovation.
``959. Budget plan.''.
                                                       Calendar No. 404

115th CONGRESS

  2d Session

                                S. 2503

                          [Report No. 115-241]

_______________________________________________________________________

                                 A BILL

    To establish Department of Energy policy for science and energy 
   research and development programs, and reform National Laboratory 
  management and technology transfer programs, and for other purposes.

_______________________________________________________________________

                              May 9, 2018

                       Reported without amendment