[Senate Report 115-242]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 405
                                                       
                                                       
115th Congress    }                                         {   Report
                                 SENATE
 2d Session       }                                         {  115-242

======================================================================



 
            DEPARTMENT OF ENERGY RESEARCH AND INNOVATION ACT

                                _______
                                

                  May 9, 2018.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 589]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 589) to establish Department of Energy 
policy for science and energy research and development 
programs, and reform National Laboratory management and 
technology transfer programs, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                Purpose

    The purpose of H.R. 589 is to establish Department of 
Energy (DOE) policy for science and energy research and 
development programs, and to reform National Laboratory 
management and technology transfer programs, and for other 
purposes.

                          Background and Need

    DOE currently operates 17 National Laboratories that are 
managed by six different offices: the Office of Science; the 
National Nuclear Security Administration; the Office of Nuclear 
Energy; the Office of Fossil Energy; the Office of Energy 
Efficiency and Renewable Energy; and the Office of 
Environmental Management. The mission of the National 
Laboratories includes basic science, as well as research, 
development, and deployment related to energy and national 
security. In addition, the National Laboratories house 
scientific instrumentation and facilities that, in many cases, 
are unique and available to the public.
    A number of studies conducted by government agencies and 
independent third parties have highlighted concerns with the 
relationship between DOE and the management of National 
Laboratories, the challenges associated with technology 
transfer, and research coordination within DOE.
    This legislation addresses a number of these challenges and 
provides additional program direction to DOE.

                          Legislative History

    On January 20, 2017, Representative Lamar Smith and 15 
cosponsors introduced H.R. 589 in the House of Representatives. 
H.R. 589 was passed in the House of Representatives by a voice 
vote on January 24, 2017. On January 30, 2017, H.R. 589 was 
read twice in the Senate and referred to the Committee on 
Energy and Natural Resources.
    On June 28, 2017, Senator Lisa Murkowski, with Senator 
Maria Cantwell as cosponsor, introduced the Energy and Natural 
Resources Act, S. 1460, which includes the provisions of H.R. 
589. S. 1460 was placed on the Senate Legislative Calendar.
    On March 6, 2018, Senator Lisa Murkowski, with Senator 
Maria Cantwell as cosponsor, introduced an identical companion 
bill, S. 2503, in the Senate.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 8, 2018, by a majority voice 
vote of a quorum present, recommended that the Senate pass H.R. 
589.

                      Section-by-Section Analysis


Section 1. Short title; table of contents

    Section 1 sets forth a short title and table of contents.

Section 2. Definitions

    Section 2 provides a list of definitions.

       TITLE I--LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER

Section 101. Short title

    Section 101 sets forth a short title for Title I.

Section 102. Inclusion of early stage technology demonstration in 
        authorized technology transfer activities

    Section 102 amends section 1001 of the Energy Policy Act of 
2005 (42 U.S.C. 16391) to authorize directors of National 
Laboratories to use technology transfer funds to carry out 
early stage and pre-commercial technology demonstration 
activities to remove technology barriers that limit private 
sector interest, and to demonstrate potential commercial 
applications of any research and technologies arising from 
National Laboratory activities.

Section 103. Sense of Congress on accelerating energy innovation

    Section 103 expresses the Sense of Congress that: 
accelerating clean energy innovation will help meet critical 
national goals; energy options vary by geographic region; a 
regional approach to promoting innovation has merit; and 
Congress, the Secretary and energy industry participants should 
advance efforts that promote international, domestic, and 
regional cooperation on R&D of energy innovations.

Section 104. Restoration of laboratory directed research and 
        development program

    Section 104(a) requires the Secretary to ensure that 
laboratory operating contractors do not allocate costs of 
general and administrative overhead to laboratory directed 
research and development.
    Subsection (b) provides an exception for national security 
laboratories to which section 3119 of the National Defense 
Authorization act for Fiscal Year 2017 (Public Law 114-328) 
applies.

Section 105. Research grants database

    Section 105(a) requires the Secretary to establish and 
maintain a searchable public database, accessible on the 
website of the Department, for research and development 
transactions administered by the Department.
    Subsection (b) requires each listing in the database to 
include specific information.
    Subsection (c) requires the Secretary to provide 
information on relevant literature and patents associated with 
each project.

Section 106. Technology transfer and transitions assessment

    Section 106 requires the Secretary to transmit, within one 
year of the date of enactment and as often as the Secretary 
determines to be necessary thereafter, a report to the 
appropriate committees of Congress that includes recommended 
changes to the policy of the Department and proposed changes to 
section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) 
to improve the ability of the Department to transfer new 
technologies to the private sector.

Section 107. Agreements for commercializing technology pilot program

    Section 107(a) requires the Secretary to carry out the 
pilot program for National Laboratories to enter into 
Agreements for Commercializing Technology that was announced 
December 8, 2011.
    Subsection (b) requires each agreement entered into under 
the pilot program to provide to the contractor of the 
applicable national laboratory increased authority to negotiate 
contract terms.
    Subsection (c) sets forth eligibility requirements.
    Subsection (d) requires an affected director of a National 
Laboratory to submit specific information to the Secretary with 
respect to each agreement.
    Subsection (e) requires the contractor of the affected 
National Laboratory to certify that the project is not in 
direct competition with the private sector and addresses 
conflicts of interest as required.
    Subsection (f) extends the pilot program until September 
30, 2019.
    Subsection (g) requires reports to the appropriate 
committees of Congress.

Section 108. Short-term cost-share pilot program

    Section 108(a) amends section 988(b) of the Energy Policy 
Act of 2005 (42 U.S.C. 16352(b)) to include, for a two year 
period beginning on the day of enactment, an exemption for 
institutions of higher education and other non-profit 
institutions.
    Subsection (b) requires reports to the appropriate 
committees of Congress.

          TITLE II--DEPARTMENT OF ENERGY RESEARCH COORDINATION

Section 201. Short title

    Section 201 sets forth a short title for Title II.

Section 202. Protection of information

    Section 202 amends section 5012 of the America Competes Act 
(42 U.S.C. 16538) to provide additional protection for 
proprietary information collected by the Advanced Research 
Projects Agency--Energy (ARPA-E).

Section 203. Crosscutting research and development

    Section 203(a) requires the Secretary to identify strategic 
opportunities for collaborative research, development, 
demonstration, and commercial application of innovative science 
and technologies.
    Subsection (b) requires the Secretary to seek to leverage 
existing programs and consolidate and coordinate activities 
within the Department.
    Subsection (c) sets forth additional requirements for the 
Secretary to follow when identifying crosscutting activities.

Section 204. Strategic research and development

    Section 204 amends section 994 of the Energy Policy Act of 
2005 (42 U.S.C. 16358) to update the criteria for strategic 
research and development planning.

Section 205. Strategy for facilities and infrastructure

    Section 205 revises the section heading of section 993 of 
the Energy Policy Act of 2005, requires the Secretary to submit 
a report detailing the strategy for facilities and 
infrastructure in 2018, and provides a corresponding clerical 
amendment in the table of contents of the Energy Policy Act of 
2005 reflecting the change in the section heading.

Section 206. Energy Innovation Hubs

    Section 206(a) provides definitions.
    Subsection (b) requires the Secretary to carry out a 
program to enhance economic, environmental, and energy security 
by making grants to consortia for establishing and operating 
hubs to be known as ``Energy Innovation Hubs.''
    Subsection (c) sets forth an application process for the 
Energy Innovation Hub program.
    Subsection (d) sets forth the length of time and renewal 
policies for the Energy Innovation Hub program.
    Subsection (e) sets forth requirements for hub operations 
and activities.

        TITLE III--DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY

Section 301. Short title

    Section 301 sets forth a short title for Title III.

Section 302. Mission of the Office of Science

    Section 302 amends section 209 of the Department of Energy 
Organization Act (42 U.S.C. 7139) to include a mission for the 
Office of Science.

Section 303. Basic energy sciences

    Section 303(a) requires the Secretary to carry out a 
program (``Energy Frontier Research Centers'') to provide 
awards on a competitive, merit-reviewed basis, to multi-
institutional collaborations to conduct energy research to 
accelerate scientific breakthroughs.
    Subsection (b) requires the Director of the Office of 
Science to carry out a program for basic science user 
facilities.
    Subsection (c) requires the Director to carry out research 
and development on advanced accelerator and storage ring 
technologies.
    Subsection (d) amends section 973 of the Energy Policy Act 
of 2005 (42 U.S.C. 16313) to require the Secretary, leveraging 
other programs within the Department, to carry out a Solar 
Fuels Research Initiative to support research into artificial 
photosynthesis and to replicate natural photosynthesis.
    Subsection (e) amends section 975 of the Energy Policy Act 
of 2005 (43 U.S.C. 16315) to require the Secretary, leveraging 
other programs within the Department, to carry out an 
Electricity Storage Research Initiative to support: electricity 
storage research; multivalent ion materials in electric energy 
storage; electrochemistry modeling and simulation; and 
mesoscale electrochemistry.

Section 304. Advanced scientific computing research

    Section 304(a)(1) amends section 1 of the Department of 
Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 
5501 note; Public Law 108-423) to rename the Act and provides 
for a conforming amendment to section 976(a)(1) of the Energy 
Policy Act of 2005 (42 U.S.C. 16316(1)) to reflect the name 
change.
    Subsection (a)(2) amends definitions included in the 
American Super Computing Leadership Act (15 U.S.C. 5541).
    Subsection (a)(3) amends the American Super Computing 
Leadership Act (15 U.S.C. 5542) to require the Secretary to 
conduct a research program for exascale computing systems at 
DOE.
    Subsection (b) requires the Secretary to conduct a research 
program for high-performance computing and networking research.
    Subsection (c) requires the Director to conduct activities 
for applied mathematics and software development for high-end 
computing systems.

Section 305. High-energy physics

    Section 305(a) expresses the Sense of Congress related to 
the high-energy physics program.
    Subsection (b) encourages the Director to ensure access of 
United States researchers to the most advanced accelerator 
facilities in the world, including the Large Hadron Collider.
    Subsection (c) requires the Director to carry out research 
on the nature of the neutrino.
    Subsection (d) requires the Director to carry out research 
on the nature of dark energy and dark matter.

Section 306. Biological and environmental research

    Section 306(a) requires the Director to carry out research 
and development activities in fundamental, structural, 
computational, and systems biology.
    Subsection (b) provides that the Director shall not approve 
new climate-science-related initiatives without making a 
determination that such work is well coordinated with any 
relevant work carried out by other Federal agencies.
    Subsection (c) requires the Director to carry out a 
research program on low-dose radiation.

Section 307. Fusion energy

    Section 307(a) requires the Director to coordinate with the 
Assistant Secretary for Nuclear Energy to carry out research 
and development activities related to fusion power systems and 
an assessment of facilities required for fusion testing.
    Subsection (b) requires the Director to support activities 
to optimize the tokamak approach to fusion energy.
    Subsection (c) requires the Director to support inertial 
fusion energy research and development activities.
    Subsection (d) requires the Director to support research 
and development activities at institutions of higher education, 
National Laboratories, and private facilities for a portfolio 
of alternative and enabling fusion energy concepts.
    Subsection (e) requires coordination with ARPA-E.
    Subsection (f) amends section 33 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2053) to require fairness in competition for 
solicitations and international project activities.
    Subsection (g) requires the Secretary to submit a report on 
fusion energy activities.

Section 308. Nuclear physics

    Section 308(a) permits the Director of the Office of 
Science to carry out a program for the development and 
production of isotopes for research applications.
    Subsection (b) renames the Rare Isotope Accelerator.

Section 309. Science laboratories infrastructure program

    Section 309(a) requires the Director to carry out a program 
to improve the safety, efficiency, and mission readiness of 
infrastructure at laboratories of the Office of Science.
    Subsection (b) provides direction on inclusion of projects 
in the infrastructure program.

            TITLE IV--NUCLEAR ENERGY INNOVATION CAPABILITIES

Section 401. Short title

    Section 401 sets forth the short title for Title IV.

Section 402. Nuclear energy innovation capabilities

    Section 402(a) amends section 951 of the Energy Policy Act 
of 2005 (42 U.S.C. 16271) with respect to the objectives of 
DOE's nuclear energy research and development program.
    Subsection (a) of the amended section 951 restates the 
mission and objectives of DOE's civilian nuclear energy 
research and development work. Subsection (a)(2)(A) directs the 
Secretary to carry out programs to provide research 
infrastructure in order to promote scientific progress in 
nuclear, chemical, and materials science engineering. 
Subsection (a) also provides direction to DOE in relation to 
its work with private industry, the National Laboratories, and 
institutions of higher education, including supporting 
technology transfer and enabling public-private partnerships.
    Subsection (b) deletes from section 952(c) of Energy Policy 
Act of 2005 (42 U.S.C. 16272(c)) the authorization for the 
Nuclear Power 2010 program and makes conforming changes.
    Subsection (c) strikes the delegation of authority to the 
Director of the Office of Nuclear Energy, Science and 
Technology contained in section 953(a) of Energy Policy Act of 
2005 (42 U.S.C. 16273(a)).
    Subsection (d) deletes the phrase ``as part of a taking 
into consideration effort that emphasizes'' in section 
954(d)(4) of Energy Policy Act of 2005 (42 U.S.C. 16274(d)(4)) 
and inserts ``that emphasize.''
    Subsection (e) amends section 955 of Energy Policy Act of 
2005 (42 U.S.C. 16275) by removing a requirement for the 
Secretary to develop a comprehensive plan for the Idaho 
National Laboratory and replacing it with a new subsection (c). 
This new provision directs the Secretary to assess the mission 
need for a versatile reactor-based fast neutron source to be 
operated as a national user facility. As soon as practicable 
after determining mission need, the Secretary is directed to 
submit a detailed plan to Congress to establish the user 
facility and is required to ensure that the facility provides 
fast neutron irradiation capabilities and has the capacity for 
upgrades. The Secretary is required to consider capabilities to 
support high-temperature testing, and provide flexible 
facilities to accommodate various types of fuels, materials, 
and coolants, including pre- and post-irradiation examination 
capabilities. To the maximum extent practicable, the Secretary 
shall complete construction and approve the start of operations 
for the user facility by December 31, 2025.
    Subsection (f) strikes the delegation of authority to the 
Director of the Office of Nuclear Energy, Science and 
Technology contained in section 956 of the Energy Policy Act of 
2005 (42 U.S.C. 16276).
    Subsection (g) amends section 957 of Energy Policy Act of 
2005 (42 U.S.C. 16277) to require the Secretary to carry out a 
program to enhance the capabilities of the United States to 
develop new reactor technologies through high-performance 
computational modeling and simulation. In carrying out the 
effort, the Secretary is directed to coordinate with relevant 
Federal agencies and leverage expertise from the private 
sector, institutions of higher education, and the National 
Laboratories.
    Subsection (h) amends subtitle E of title IX of Energy 
Policy Act of 2005 (42 U.S.C. 16271 et seq.) to add a new 
section 958, authorizing the National Reactor Innovation Center 
(NRIC). The program is authorized to support research, 
development, demonstration, and deployment of a broad range of 
advanced reactor concepts, components, technologies, fuels, and 
materials. The NRIC will allow for the testing and 
demonstration of reactor concepts to be proposed and funded, in 
whole or in part, by the private sector, and would leverage the 
expertise of relevant Federal agencies and the National 
Laboratories.
    Subsections (d) and (e) of the new section 958 authorize 
the Secretary to enter into memoranda of understanding with the 
Chairman of the Nuclear Regulatory Commission (NRC) to share 
technical expertise and to coordinate the research and 
development activities of the DOE with safety mission of the 
NRC.
    Subsection (f) of the new section 958 requires the 
Secretary to submit to the relevant committees of Congress a 
report that addresses the various internal mechanisms and 
impacts pertaining to NRIC.
    Subsection (g) of the new section 958 contains savings 
clauses to preserve the NRC's existing licensing and regulatory 
authority over demonstration reactors, and to make it clear 
that the NRIC's activities are subject to the financial 
protection and indemnification requirements of the Price-
Anderson Act.
    Subsection (i) amends subtitle E of title IX of the Energy 
Policy Act of 2005 (42 U.S.C. 16271 et seq.) to add a new 
section 959, to require the Secretary to develop, and submit to 
the relevant committees of Congress, two 10-year budget plans, 
one constrained and one unconstrained, for the civilian nuclear 
energy research and development activities of the DOE.
    Subsection (j) makes conforming changes to the table of 
contents of subtitle E of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16271).

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out the bill.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of the bill, as ordered reported.

                   Congressionally Directed Spending

    H.R. 589, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    Executive Communications on H.R. 589 were not requested by 
the Committee on Energy and Natural Resources for the 115th 
Congress.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                          AMERICA COMPETES ACT

Public Law 110-69, as amended

           *       *       *       *       *       *       *



SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.

    (a) Definitions.--In this section:
          (1) ARPA-E.--The term ``ARPA-E'' means the Advanced 
        Research Projects Agency-Energy established by 
        subsection (b).
          (2) Director.--The term ``Director'' means the 
        Director of ARPA-E appointed under subsection (d).
          (3) Fund.--The term ``Fund'' means the Energy 
        Transformation Acceleration Fund established under 
        subsection [(n)(1)] o(1).

           *       *       *       *       *       *       *

    (m) Existing Authorities.--The authorities granted by this 
section are--
          (1) in addition to existing authorities granted to 
        the Secretary; and
          (2) are not intended to supersede existing 
        authorities.
          (n) .--The following types of information collected 
        by ARPA-E from recipients of financial assistance 
        awards shall be considered commercial and financial 
        information obtained from a person and privileged or 
        confidential and not subject to disclosure under 
        section 552(b)(4) of title 5, United States Code:
          (1) Plans for commercialization of technologies 
        developed under the award, including business plans, 
        technology-to-market plans, market studies, and cost 
        and performance models.
          (2) Investments provided to an awardee from third 
        parties (such as venture capital firms, hedge funds, 
        and private equity firms), including amounts and the 
        percentage of ownership of the awardee provided in 
        return for the investments.
          (3) Additional financial support that the awardee--
                  (A) plans to or has invested into the 
                technology developed under the award; or
                  (B) is seeking from third parties.
          (4) Revenue from the licensing or sale of new 
        products or services resulting from research conducted 
        under the award.
    [(n)] (o) Funding.--
          (1) Fund.--There is established in the Treasury of 
        the United States a fund, to be known as the ``Energy 
        Transformation Acceleration Fund'', which shall be 
        administered by the Director for the purposes of 
        carrying out this section.

           *       *       *       *       *       *       *


                           ATOMIC ENERGY ACT

Public Law 87-206, as amended

           *       *       *       *       *       *       *



SEC. 33. RESEARCH FOR OTHERS.

    In this section, with respect to international research 
projects, the term ``private facilities or laboratories'' means 
facilities or laboratories located in the United States. Where 
the Commission finds private facilities or laboratories are 
inadequate to the purpose, it is authorized to conduct for 
other persons, through its own facilities, such of those 
activities and studies of the types specified in section 31 as 
it deems appropriate to the development of atomic energy. To 
the extent the Commission determines that private facilities or 
laboratories are inadequate to the purpose, and that the 
Commission's facilities, or scientific or technical resources 
have the potential of lending significant assistance to other 
persons in the fields of protection of public health and 
safety, the Commission may also assist other persons in these 
fields by conducting for such persons, through the Commission's 
own facilities, research and development or training activities 
and studies. The Commission is authorized to determine and make 
such charges as in its discretion may be desirable for the 
conduct of the activities and studies referred to in this 
section.

           *       *       *       *       *       *       *


                 DEPARTMENT OF ENERGY ORGANIZATION ACT

Public Law 95-91, as amended

           *       *       *       *       *       *       *



                           OFFICE OF SCIENCE


SEC. 209.

           *       *       *       *       *       *       *


    (c) Mission.--The mission of the Office of Science shall be 
the delivery of scientific discoveries, capabilities, and major 
scientific tools to transform the understanding of nature and 
to advance the energy, economic, and national security of the 
United States.

           *       *       *       *       *       *       *


       DEPARTMENT OF ENERGY HIGH-END COMPUTING REVITALIZATION ACT

Public Law 108-423

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE.

    This Act may be cited as the [``Department of Energy High-
End Computing Revitalization Act of 2004''] American 
Supercomputing Leadership Act of 2017.

SEC. 2. DEFINITIONS.

    In this Act:
          [(1) Center.--The term ``Center'' means a High-End 
        Software Development Center established under section 
        3(d).]
          (1) Department.--The term ``Department'' means the 
        Department of Energy.
          (2) Exascale computing.--The term ``exascale 
        computing'' means computing through the use of a 
        computing machine that performs near or above 10 to the 
        18th power operations per second.
          [(2)] (3) High-end computing system.--The term 
        ``high-end computing system'' means a computing system 
        with performance that substantially exceeds that of 
        systems that are commonly available for advanced 
        scientific and engineering applications.
          [(3)] (4) Leadership system.--The term ``Leadership 
        System'' means a high-end computing system that is 
        among the most advanced in the world in terms of 
        performance in solving scientific and engineering 
        problems.
          [(4)] (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given the term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).
          [(5)] (6) Secretary.--The term ``Secretary'' means 
        the Secretary of Energy.

SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND 
                    DEVELOPMENT PROGRAM.

    (a) In General.--The Secretary shall
          (1) carry out a [program] coordinated program across 
        the Department of research and development (including 
        development of software and hardware) to advance high-
        end computing systems; and
          (2) develop and deploy high-end computing systems for 
        advanced scientific and engineering applications.
    (b) Program.--The program shall--
          (1) support both individual investigators and 
        multidisciplinary teams of investigators;
          (2) conduct research in multiple architectures[, 
        which may include vector, reconfigurable logic, 
        streaming, processor-in-memory, and multithreading 
        architectures];
          (3) conduct research on software for high-end 
        computing systems, including research on algorithms, 
        programming environments, tools, languages, and 
        operating systems for high-end computing systems, in 
        collaboration with architecture development efforts;
          (4) provide for sustained access by the research 
        community in the United States to high-end computing 
        systems and to Leadership Systems, including provision 
        of technical support for users of such systems;
          (5) support technology transfer to the private sector 
        and others in accordance with applicable law; and
          (6) ensure that the high-end computing activities of 
        the Department of Energy are coordinated with relevant 
        activities in industry and with other Federal agencies, 
        including the National Science Foundation, the Defense 
        Advanced Research Projects Agency, the National Nuclear 
        Security Administration, the National Security Agency, 
        the National Institutes of Health, the National 
        Aeronautics and Space Administration, the National 
        Oceanic and Atmospheric Administration, the National 
        Institutes of Standards and Technology, and the 
        Environmental Protection Agency.
    (c) Leadership Systems Facilities.--
          (1) In general.--As part of the program carried out 
        under this Act, the Secretary shall establish and 
        operate 1 or more Leadership Systems facilities to--
                  (A) conduct advanced scientific and 
                engineering research and development using 
                Leadership Systems; and
                  (B) develop potential advancements in high-
                end computing system hardware and software.
          (2) Administration.--In carrying out this subsection, 
        the Secretary shall provide to Leadership Systems, on a 
        competitive, merit-reviewed basis, access to 
        researchers in United States industry, institutions of 
        higher education, national laboratories, and other 
        Federal agencies.
    [(d) High-End Software Development Center.--
          [(1) In general.--As part of the program carried out 
        under this Act, the Secretary shall establish at least 
        1 High-End Software Development Center.
          [(2) Duties.--A Center shall concentrate efforts to 
        develop, test, maintain, and support optimal 
        algorithms, programming environments, tools, languages, 
        and operating systems for high-end computing systems.
          [(3) Proposals.--In soliciting proposals for the 
        Center, the Secretary shall encourage staffing 
        arrangements that include both permanent staff and a 
        rotating staff of researchers from other institutions 
        and industry to assist in coordination of research 
        efforts and promote technology transfer to the private 
        sector.
          [(4) Use of expertise.--The Secretary shall use the 
        expertise of a Center to assess research and 
        development in high-end computing system architecture.
          [(5) Selection.--The selection of a Center shall be 
        determined by a competitive proposal process 
        administered by the Secretary.]
    (d) Exascale Computing Program.--
          (1) In general.--The Secretary shall conduct a 
        research program (referred to in this subsection as the 
        `Program') for exascale computing, including the 
        development of two or more exascale computing machine 
        architectures, to promote the missions of the 
        Department.
          (2) Execution.--
                  (A) In general.--In carrying out the Program, 
                the Secretary shall--
                          (i) establish two or more National 
                        Laboratory partnerships with industry 
                        partners and institutions of higher 
                        education for the research and 
                        development of two or more exascale 
                        computing architectures across all 
                        applicable organizations of the 
                        Department;
                          (ii) conduct mission-related codesign 
                        activities in developing the exascale 
                        computing architectures under clause 
                        (i);
                          (iii) develop such advancements in 
                        hardware and software technology as are 
                        required to fully realize the potential 
                        of an exascale production system in 
                        addressing Department target 
                        applications and solving scientific 
                        problems involving predictive modeling 
                        and simulation and large scale data 
                        analytics and management;
                          (iv) explore the use of exascale 
                        computing technologies to advance a 
                        broad range of science and engineering; 
                        and
                          (v) provide, as appropriate, on a 
                        competitive, merit-reviewed basis, 
                        access for researchers in industries in 
                        the United States, institutions of 
                        higher education, National 
                        Laboratories, and other Federal 
                        agencies to the exascale computing 
                        systems developed pursuant to clause 
                        (i).
                  (B) Selection of partners.--The Secretary 
                shall select the partnerships with the 
                computing facilities of the Department under 
                subparagraph (A) through a competitive, peer-
                review process.
          (3) Codesign and application development.--
                  (A) In general.--The Secretary shall--
                          (i) carry out the Program through an 
                        integration of applications, computer 
                        science, applied mathematics, and 
                        computer hardware architecture using 
                        the partnerships established pursuant 
                        to paragraph (2) to ensure that, to the 
                        maximum extent practicable, two or more 
                        exascale computing machine 
                        architectures are capable of solving 
                        Department target applications and 
                        broader scientific problems, including 
                        predictive modeling and simulation and 
                        large scale data analytics and 
                        management; and
                          (ii) conduct outreach programs to 
                        increase the readiness for the use of 
                        such platforms by domestic industries, 
                        including manufacturers.
                  (B) Report.--The Secretary shall submit to 
                Congress a report describing--
                          (i) how the integration under 
                        subparagraph (A) is furthering 
                        application science data and 
                        computational workloads across 
                        application interests, including 
                        national security, material science, 
                        physical science, cybersecurity, 
                        biological science, the Materials 
                        Genome and BRAIN Initiatives of the 
                        President, advanced manufacturing, and 
                        the national electric grid; and
                          (ii) the roles and responsibilities 
                        of National Laboratories and industry, 
                        including the definition of the roles 
                        and responsibilities within the 
                        Department to ensure an integrated 
                        program across the Department.
          (4) Project review.--
                  (A) In general.--The exascale architectures 
                developed pursuant to partnerships established 
                pursuant to paragraph (2) shall be reviewed 
                through a project review process.
                  (B) Report.--Not later than 90 days after the 
                date of enactment of this subsection, the 
                Secretary shall submit to Congress a report 
                on--
                          (i) the results of the review 
                        conducted under subparagraph (A); and
                          (ii) the coordination and management 
                        of the Program to ensure an integrated 
                        research program across the Department.
          (5) Annual reports.--At the time of the budget 
        submission of the Department for each fiscal year, the 
        Secretary, in consultation with the members of the 
        partnerships established pursuant to paragraph (2), 
        shall submit to Congress a report that describes 
        funding for the Program as a whole by functional 
        element of the Department and critical milestones.

           *       *       *       *       *       *       *


                     THE ENERGY POLICY ACT OF 2005

Public Law 109-58

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

           *       *       *       *       *       *       *


Sec. 973. [Catalysis research program] Solar fuels research initiative.
     * * * * * * *
Sec. 975. [Solid state lighting] Electricity storage research 
          initiative.
     * * * * * * *
Sec. 993. [Strategy and plan for science and energy facilities and 
          infrastructure] Strategy for facilities and infrastructure.

           *       *       *       *       *       *       *


TITLE IX--RESEARCH AND DEVELOPMENT

           *       *       *       *       *       *       *


[SEC. 951. NUCLEAR ENERGY.

    [(a) In General.--The Secretary shall conduct programs of 
civilian nuclear energy research, development, demonstration, 
and commercial application, including activities described in 
this subtitle. Programs under this subtitle shall take into 
consideration the following objectives:
          [(1) Enhancing nuclear power's viability as part of 
        the United States energy portfolio.
          [(2) Providing the technical means to reduce the 
        likelihood of nuclear proliferation.
          [(3) Maintaining a cadre of nuclear scientists and 
        engineers.
          [(4) Maintaining National Laboratory and university 
        nuclear programs, including their infrastructure.
          [(5) Supporting both individual researchers and 
        multidisciplinary teams of researchers to pioneer new 
        approaches in nuclear energy, science, and technology.
          [(6) Developing, planning, constructing, acquiring, 
        and operating special equipment and facilities for the 
        use of researchers.
          [(7) Supporting technology transfer and other 
        appropriate activities to assist the nuclear energy 
        industry, and other users of nuclear science and 
        engineering, including activities addressing 
        reliability, availability, productivity, component 
        aging, safety, and security of nuclear power plants.
          [(8) Reducing the environmental impact of nuclear 
        energy-related activities.
    [(b) Authorization of Appropriations for Core Programs.--
There are authorized to be appropriated to the Secretary to 
carry out nuclear energy research, development, demonstration, 
and commercial application activities, including activities 
authorized under this subtitle, other than those described in 
subsection (c)--
          [(1) $330,000,000 for fiscal year 2007;
          [(2) $355,000,000 for fiscal year 2008; and
          [(3) $495,000,000 for fiscal year 2009.
    [(c) Nuclear Infrastructure and Facilities.--There are 
authorized to be appropriated to the Secretary to carry out 
activities under section 955--
          [(1) $135,000,000 for fiscal year 2007;
          [(2) $140,000,000 for fiscal year 2008; and
          [(3) $145,000,000 for fiscal year 2009.
    [(d) Allocations.--From amounts authorized under subsection 
(a), the following sums are authorized:
          [(1) For activities under section 953--
                  [(A) $150,000,000 for fiscal year 2007;
                  [(B) $155,000,000 for fiscal year 2008; and
                  [(C) $275,000,000 for fiscal year 2009.
          [[(2) For activities under section 954--
                  [(A) $43,600,000 for fiscal year 2007;
                  [(B) $50,100,000 for fiscal year 2008; and
                  [(C) $56,000,000 for fiscal year 2009.
          [(3) For activities under section 957, $6,000,000 for 
        each of fiscal years 2007 through 2009.
    [(e) Limitation.--None of the funds authorized under this 
section may be used to decommission the Fast Flux Test 
Facility.]

SEC. 951. NUCLEAR ENERGY.

          (a) Mission.--
          (1) In general.--The Secretary shall carry out 
        programs of civilian nuclear research, development, 
        demonstration, and commercial application, including 
        activities under this subtitle.
          (2) Considerations.--The programs carried out under 
        paragraph (1) shall take into consideration the 
        following objectives:
                  (A) Providing research infrastructure to 
                promote scientific progress and enable users 
                from academia, the National Laboratories, and 
                the private sector to make scientific 
                discoveries relevant for nuclear, chemical, and 
                materials science engineering.
                  (B) Maintaining nuclear energy research and 
                development programs at the National 
                Laboratories and institutions of higher 
                education, including infrastructure at the 
                National Laboratories and institutions of 
                higher education.
                  (C) Providing the technical means to reduce 
                the likelihood of nuclear proliferation.
                  (D) Increasing confidence margins for public 
                safety of nuclear energy systems.
                  (E) Reducing the environmental impact of 
                activities relating to nuclear energy.
                  (F) Supporting technology transfer from the 
                National Laboratories to the private sector.
                  (G) Enabling the private sector to partner 
                with the National Laboratories to demonstrate 
                novel reactor concepts for the purpose of 
                resolving technical uncertainty associated with 
                the objectives described in subparagraphs (A) 
                through (F).
    (b) Definitions.--In this subtitle:
          (1) Advanced nuclear reactor.--The term ``advanced 
        nuclear reactor'' means--
                  (A) a nuclear fission reactor with 
                significant improvements over the most recent 
                generation of nuclear fission reactors, which 
                may include--
                          (i) inherent safety features;
                          (ii) lower waste yields;
                          (iii) greater fuel utilization;
                          (iv) superior reliability;
                          (v) resistance to proliferation;
                          (vi) increased thermal efficiency; 
                        and
                          (vii) the ability to integrate into 
                        electric and nonelectric applications; 
                        or
                  (B) a nuclear fusion reactor.
          (2) Commission.--The term ``Commission'' means the 
        Nuclear Regulatory Commission.
          (3) Fast neutron.--The term ``fast neutron'' means a 
        neutron with kinetic energy above 100 kiloelectron 
        volts.
          (4) National laboratory.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term ``National 
                Laboratory'' has the meaning given the term in 
                section 2.
                  (B) Limitation.--With respect to the Lawrence 
                Livermore National Laboratory, the Los Alamos 
                National Laboratory, and the Sandia National 
                Laboratories, the term `National Laboratory' 
                means only the civilian activities of the 
                laboratory.
          (5) Neutron flux.--The term ``neutron flux'' means 
        the intensity of neutron radiation measured as a rate 
        of flow of neutrons applied over an area.
          (6) Neutron source.--The term ``neutron source'' 
        means a research machine that provides neutron 
        irradiation services for--
                  (A) research on materials sciences and 
                nuclear physics; and
          (B) testing of advanced materials, nuclear fuels, and 
        other related components for reactor systems.

SEC. 952. NUCLEAR ENERGY RESEARCH PROGRAMS.

    (a) Nuclear Energy Research Initiative.--The Secretary 
shall carry out a Nuclear Energy Research Initiative for 
research and development related to nuclear energy.
    (b) Nuclear Energy Systems Support Program.--The Secretary 
shall carry out a Nuclear Energy Systems Support Program to 
support research and development activities addressing 
reliability, availability, productivity, component aging, 
safety, and security of existing nuclear power plants.
    [(c) Nuclear Power 2010 Program.--
          [(1) In general.--The Secretary shall carry out a 
        Nuclear Power 2010 Program, consistent with 
        recommendations of the Nuclear Energy Research Advisory 
        Committee of the Department in the report entitled ``A 
        Roadmap to Deploy New Nuclear Power Plants in the 
        United States by 2010'' and dated October 2001.
          [(2) Administration.--The Program shall include--
                  [(A) use of the expertise and capabilities of 
                industry, institutions of higher education, and 
                National Laboratories in evaluation of advanced 
                nuclear fuel cycles and fuels testing;
                  [(B) consideration of a variety of reactor 
                designs suitable for both developed and 
                developing nations;
                  [(C) participation of international 
                collaborators in research, development, and 
                design efforts, as appropriate; and
                  [(D) encouragement for participation by 
                institutions of higher education and industry.]
    [(d)] (c) Generation IV Nuclear Energy Systems 
Initiative.--
          (1) In general.--The Secretary shall carry out a 
        Generation IV Nuclear Energy Systems Initiative to 
        develop an overall technology plan for and to support 
        research and development necessary to make an informed 
        technical decision about the most promising candidates 
        for eventual commercial application.
          (2) Administration.--In conducting the Initiative, 
        the Secretary shall examine advanced proliferation-
        resistant and passively safe reactor designs, including 
        designs that--
                  (A) are economically competitive with other 
                electric power generation plants;
                  (B) have higher efficiency, lower cost, and 
                improved safety compared to reactors in 
                operation on the date of enactment of this Act;
                  (C) use fuels that are proliferation 
                resistant and have substantially reduced 
                production of high-level waste per unit of 
                output; and
                  (D) use improved instrumentation.
    [(e)] (d) Reactor Production of Hydrogen.--The Secretary 
shall carry out research to examine designs for high-
temperature reactors capable of producing large-scale 
quantities of hydrogen.

SEC. 953. ADVANCED FUEL CYCLE INITIATIVE.

    (a) In General.--The Secretary[, acting through the 
Director of the Office of Nuclear Energy, Science and 
Technology,] shall conduct an advanced fuel recycling 
technology research, development, and demonstration program 
(referred to in this section as the `program') to evaluate 
proliferation-resistant fuel recycling and transmutation 
technologies that minimize environmental and public health and 
safety impacts as an alternative to aqueous reprocessing 
technologies deployed as of the date of enactment of this Act 
in support of evaluation of alternative national strategies for 
spent nuclear fuel and the Generation IV advanced reactor 
concepts.

SEC. 954. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.

           *       *       *       *       *       *       *


    (d) Strengthening University Research and Training Reactors 
and Associated Infrastructure.--In carrying out the program 
under this section, the Secretary may support--
          (1) converting research reactors from high-enrichment 
        fuels to low-enrichment fuels and upgrading operational 
        instrumentation;
          (2) consortia of universities to broaden access to 
        university research reactors;
          (3) student training programs, in collaboration with 
        the United States nuclear industry, in relicensing and 
        upgrading reactors, including through the provision of 
        technical assistance; and
          (4) reactor improvements [as part of a taking into 
        consideration effort that emphasizes] that emphasize 
        research, training, and education, including through 
        the Innovations in Nuclear Infrastructure and Education 
        Program or any similar program.

SEC. 955. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND 
                    FACILITIES.

    (a) In General.--The Secretary shall operate and maintain 
infrastructure and facilities to support the nuclear energy 
research, development, demonstration, and commercial 
application programs, including radiological facilities 
management, isotope production, and facilities management.
    (b) Duties.--In carrying out this section, the Secretary 
shall--
          (1) develop an inventory of nuclear science and 
        engineering facilities, equipment, expertise, and other 
        assets at all of the National Laboratories;
          (2) develop a prioritized list of nuclear science and 
        engineering plant and equipment improvements needed at 
        each of the National Laboratories;
          (3) consider the available facilities and expertise 
        at all National Laboratories and emphasize investments 
        which complement rather than duplicate capabilities; 
        and
          (4) develop a timeline and a proposed budget for the 
        completion of deferred maintenance on plant and 
        equipment, with the goal of ensuring that Department 
        programs under this subtitle will be generally 
        recognized to be among the best in the world.
    [(c) Plan.--The Secretary shall develop a comprehensive 
plan for the facilities at the Idaho National Laboratory, 
especially taking into account the resources available at other 
National Laboratories. In developing the plan, the Secretary 
shall--
          [(1) evaluate the facilities planning processes 
        utilized by other physical science and engineering 
        research and development institutions, both in the 
        United States and abroad, that are generally recognized 
        as being among the best in the world, and consider how 
        those processes might be adapted toward developing such 
        facilities plan;
          [(2) avoid duplicating, moving, or transferring 
        nuclear science and engineering facilities, equipment, 
        expertise, and other assets that currently exist at 
        other National Laboratories;
          [(3) consider the establishment of a national 
        transuranic analytic chemistry laboratory as a user 
        facility at the Idaho National Laboratory;
          [(4) include a plan to develop, if feasible, the 
        Advanced Test Reactor and Test Reactor Area into a user 
        facility that is more readily accessible to academic 
        and industrial researchers;
          [(5) consider the establishment of a fast neutron 
        source as a user facility;
          [(6) consider the establishment of new hot cells and 
        the configuration of hot cells most likely to advance 
        research, development, demonstration, and commercial 
        application in nuclear science and engineering, 
        especially in the context of the condition and 
        availability of these facilities elsewhere in the 
        National Laboratories; and
          [(7) include a timeline and a proposed budget for the 
        completion of deferred maintenance on plant and 
        equipment.
    [(d) Transmittal to Congress.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall transmit 
the plan under subsection (c) to Congress.]
    (c) Versatile Neutron Source.--
          (1) Mission need.--
                  (A) In general.--Not later than December 31, 
                2017, the Secretary shall determine the mission 
                need for a versatile reactor-based fast neutron 
                source, which shall operate as a national user 
                facility.
                  (B) Consultations required.--In carrying out 
                subparagraph (A), the Secretary shall consult 
                with the private sector, institutions of higher 
                education, the National Laboratories, and 
                relevant Federal agencies to ensure that the 
                user facility described in subparagraph (A) 
                will meet the research needs of the largest 
                practicable majority of prospective users.
          (2) Establishment.--As soon as practicable after 
        determining the mission need under paragraph (1)(A), 
        the Secretary shall submit to the appropriate 
        committees of Congress a detailed plan for the 
        establishment of the user facility.
          (3) Facility requirements.--
                  (A) Capabilities.--The Secretary shall ensure 
                that the user facility will provide, at a 
                minimum, the following capabilities:
                          (i) Fast neutron spectrum irradiation 
                        capability.
                          (ii) Capacity for upgrades to 
                        accommodate new or expanded research 
                        needs.
                  (B) Considerations.--In carrying out the plan 
                submitted under paragraph (2), the Secretary 
                shall consider the following:
                          (i) Capabilities that support 
                        experimental high-temperature testing.
                          (ii) Providing a source of fast 
                        neutrons at a neutron flux, higher than 
                        that at which current research 
                        facilities operate, sufficient to 
                        enable research for an optimal base of 
                        prospective users.
                          (iii) Maximizing irradiation 
                        flexibility and irradiation volume to 
                        accommodate as many concurrent users as 
                        possible.
                          (iv) Capabilities for irradiation 
                        with neutrons of a lower energy 
                        spectrum.
                          (v) Multiple loops for fuels and 
                        materials testing in different 
                        coolants.
                          (vi) Additional pre-irradiation and 
                        post-irradiation examination 
                        capabilities.
                          (vii) Lifetime operating costs and 
                        lifecycle costs.
          (4) Deadline for establishment.--The Secretary shall, 
        to the maximum extent practicable, complete 
        construction of, and approve the start of operations 
        for, the user facility by not later than December 31, 
        2025.
          (5) Reporting.--The Secretary shall include in the 
        annual budget request of the Department an explanation 
        for any delay in the progress of the Department in 
        completing the user facility by the deadline described 
        in paragraph (4).
          (6) Coordination.--The Secretary shall leverage the 
        best practices for management, construction, and 
        operation of national user facilities from the Office 
        of Science.

SEC. 956. SECURITY OF NUCLEAR FACILITIES.

    The Secretary [, acting through the Director of the Office 
of Nuclear Energy, Science and Technology,] shall conduct a 
research and development program on cost-effective technologies 
for increasing--
          (1) the safety of nuclear facilities from natural 
        phenomena; and
          (2) the security of nuclear facilities from 
        deliberate attacks.

[SEC. 957. ALTERNATIVES TO INDUSTRIAL RADIOACTIVE SOURCES.]

    [(a) Survey.--
          [(1) In general.--Not later than August 1, 2006, the 
        Secretary shall submit to Congress the results of a 
        survey of industrial applications of large radioactive 
        sources.
          [(2) Administration.--The survey shall--
                  [(A) consider well-logging sources as one 
                class of industrial sources;
                  [(B) include information on current domestic 
                and international Department, Department of 
                Defense, State Department, and commercial 
                programs to manage and dispose of radioactive 
                sources; and
                  [(C) analyze available disposal options for 
                currently deployed or future sources and, if 
                deficiencies are noted for either deployed or 
                future sources, recommend legislative options 
                that Congress may consider to remedy identified 
                deficiencies.
    [(b) Plan.--
          [(1) In general.--In conjunction with the survey 
        conducted under subsection [(a), the Secretary shall 
        establish a research and development program to develop 
        alternatives to sources described in subsection (a) 
        that reduce safety, environmental, or proliferation 
        risks to either workers using the sources or the 
        public.
          [(2) Accelerators.--Miniaturized particle 
        accelerators for well-logging or other industrial 
        applications and portable accelerators for production 
        of short-lived radioactive materials at an industrial 
        site shall be considered as part of the research and 
        development efforts.
          [(3) Report.--Not later than August 1, 2006, the 
        Secretary shall submit to Congress a report describing 
        the details of the program plan.]

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

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

SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.

    (a) National Reactor Innovation Center.--There is 
authorized a program to enable the testing and demonstration of 
reactor concepts to be proposed and funded, in whole or in 
part, by the private sector.
    (b) Technical Expertise.--In carrying out the program under 
subsection (a), the Secretary shall leverage the technical 
expertise of relevant Federal agencies and the National 
Laboratories in order to minimize the time required to enable 
construction and operation of privately funded experimental 
reactors at National Laboratories or other Department-owned 
sites.
    (c) Objectives.--The reactors described in subsection (b) 
shall operate to meet the following objectives:
          (1) Enabling physical validation of advanced nuclear 
        reactor concepts.
          (2) Resolving technical uncertainty and increasing 
        practical knowledge relevant to safety, resilience, 
        security, and functionality of advanced nuclear reactor 
        concepts.
          (3) General research and development to improve 
        nascent technologies.
    (d) Sharing Technical Expertise.--In carrying out the 
program under subsection (a), the Secretary may enter into a 
memorandum of understanding with the Chairman of the Commission 
in order to share technical expertise and knowledge through--
          (1) enabling the testing and demonstration of 
        advanced nuclear reactor concepts to be proposed and 
        funded, in whole or in part, by the private sector;
          (2) operating a database to store and share data and 
        knowledge relevant to nuclear science and engineering 
        between Federal agencies and the private sector;
          (3) developing and testing electric and nonelectric 
        integration and energy conversion systems relevant to 
        advanced nuclear reactors;
          (4) leveraging expertise from the Commission with 
        respect to safety analysis; and
          (5) enabling technical staff of the Commission to 
        actively observe and learn about technologies developed 
        under the program.
    (e) Agency Coordination.--The Chairman of the Commission 
and the Secretary shall enter into a memorandum of 
understanding regarding the following:
          (1) Ensuring that--
                  (A) the Department has sufficient technical 
                expertise to support the timely research, 
                development, demonstration, and commercial 
                application by the civilian nuclear industry of 
                safe and innovative advanced nuclear reactor 
                technology; and
                  (B) the Commission has sufficient technical 
                expertise to support the evaluation of 
                applications for licenses, permits, and design 
                certifications and other requests for 
                regulatory approval for advanced nuclear 
                reactors.
          (2) The use of computers and software codes to 
        calculate the behavior and performance of advanced 
        nuclear reactors based on mathematical models of the 
        physical behavior of advanced nuclear reactors.
          (3) Ensuring that--
                  (A) the Department maintains and develops the 
                facilities necessary to enable the timely 
                research, development, demonstration, and 
                commercial application by the civilian nuclear 
                industry of safe and innovative reactor 
                technology; and
                  (B) the Commission has access to the 
                facilities described in subparagraph (A), as 
                needed.
    (f) Reporting Requirements--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Nuclear Energy Innovation 
        Capabilities Act of 2017, the Secretary, in 
        consultation with the National Laboratories, relevant 
        Federal agencies, and other stakeholders, shall submit 
        to the appropriate committees of Congress a report 
        assessing the capabilities of the Department to 
        authorize, host, and oversee privately funded 
        experimental advanced nuclear reactors as described in 
        subsection (b).
          (2) Contents.--The report submitted under paragraph 
        (1) shall address--
                  (A) the safety review and oversight 
                capabilities of the Department, including 
                options to leverage expertise from the 
                Commission and the National Laboratories;
                  (B) options to regulate privately proposed 
                and funded experimental reactors hosted by the 
                Department;
                  (C) potential sites capable of hosting 
                privately funded experimental advanced nuclear 
                reactors;
                  (D) the efficacy of the available contractual 
                mechanisms of the Department to partner with 
                the private sector and Federal agencies, 
                including cooperative research and development 
                agreements, strategic partnership projects, and 
                agreements for commercializing technology;
                  (E) the liability of the Federal Government 
                with respect to the disposal of low-level 
                radioactive waste, spent nuclear fuel, or high-
                level radioactive waste (as those terms are 
                defined in section 2 of the Nuclear Waste 
                Policy Act of 1982 (42 U.S.C. 10101));
                  (F) the impact on the aggregate inventory in 
                the United States of low-level radioactive 
                waste, spent nuclear fuel, or high-level 
                radioactive waste (as those terms are defined 
                in section 2 of the Nuclear Waste Policy Act of 
                1982 (42 U.S.C. 10101));
                  (G) potential cost structures relating to 
                physical security, decommissioning, liability, 
                and other long-term project costs; and
                  (H) other challenges or considerations 
                identified by the Secretary.
          (3) Updates.--Once every 2 years, the Secretary shall 
        update relevant provisions of the report submitted 
        under paragraph (1) and submit to the appropriate 
        committees of Congress the update.
    (g) Savings Clauses.--
          (1) Licensing requirement--Nothing in this section 
        authorizes the Secretary or any person to construct or 
        operate a nuclear reactor for the purpose of 
        demonstrating the suitability for commercial 
        application of the nuclear reactor unless licensed by 
        the Commission in accordance with section 202 of the 
        Energy Reorganization Act of 1974 (42 U.S.C. 15 5842).
          (2) Financial protection--Any activity carried out 
        under this section that involves the risk of public 
        liability shall be subject to the financial protection 
        or indemnification requirements of section 170 of the 
        Atomic Energy Act of 1954 (42 U.S.C. 21 2210) (commonly 
        known as the ``Price-Anderson Act'').

SEC. 959. BUDGET PLAN.

    (a) In General.--Not later than 1 year after the date of 
enactment of the Nuclear Energy Innovation Capabilities Act of 
2017, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives 2 
alternative 10-year budget plans for civilian nuclear energy 
research and development by the Secretary, as described in 
subsections (b) through (d).
    (b) Budget Plan Alternative 1.--One of the budget plans 
submitted under subsection (a) shall assume constant annual 
funding for 10 years at the appropriated level for the civilian 
nuclear energy research and development of the Department for 
fiscal year 2016.
    (c) Budget Plan Alternative 2.--One of the budget plans 
submitted under subsection (a) shall be an unconstrained 
budget.
    (d) Inclusions.--Each alternative budget plan submitted 
under subsection (a) shall include--
          (1) a prioritized list of the programs, projects, and 
        activities of the Department to best support the 
        development of advanced nuclear reactor technologies;
          (2) realistic budget requirements for the Department 
        to implement sections 955(c), 957, and 5 958; and
          (3) the justification of the Department for 
        continuing or terminating existing civilian nuclear 
        energy research and development programs.

           *       *       *       *       *       *       *


[SEC. 973. CATALYSIS RESEARCH PROGRAM.]

    [(a) Establishment.--The Secretary, acting through the 
Office of Science, shall support a program of research and 
development in catalysis science consistent with the statutory 
authorities of the Department related to research and 
development.
    [(b) Components.--The program shall include efforts to--
          [(1) enable catalyst design using combinations of 
        experimental and mechanistic methodologies coupled with 
        computational modeling of catalytic reactions at the 
        molecular level;
          [(2) develop techniques for high throughput 
        synthesis, assay, and characterization at nanometer and 
        subnanometer scales in-situ under actual operating 
        conditions;
          [(3) synthesize catalysts with specific site 
        architectures;
          [(4) conduct research on the use of precious metals 
        for catalysis; and
          [(5) translate molecular understanding to the design 
        of catalytic compounds.
    [(c) Duties of the Office of Science.--In carrying out the 
program, the Director of the Office of Science shall--
          [(1) support both individual investigators and 
        multidisciplinary teams of investigators to pioneer new 
        approaches in catalytic design;
          [(2) develop, plan, construct, acquire, share, or 
        operate special equipment or facilities for the use of 
        investigators in collaboration with national user 
        facilities, such as nanoscience and engineering 
        centers;
          [(3) support technology transfer activities to 
        benefit industry and other users of catalysis science 
        and engineering; and
          [(4) coordinate research and development activities 
        with industry and other Federal agencies.
    [(d) Assessment.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall enter into an 
arrangement with the National Academy of Sciences to--
          [(1) review the catalysis program to measure--
                  [(A) gains made in the fundamental science of 
                catalysis; and
                  [(B) progress towards developing new fuels 
                for energy production and material fabrication 
                processes; and
          [(2) submit to Congress a report describing the 
        results of the review.]

SEC. 973. SOLAR FUELS RESEARCH INITIATIVE.

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

           *       *       *       *       *       *       *


[SEC. 975. SOLID STATE LIGHTING.]

    [The Secretary shall conduct a program of fundamental 
research on solid state lighting in support of the Next 
Generation Lighting Initiative carried out under section 912.]

SEC. 975. ELECTRICITY STORAGE RESEARCH INITIATIVE.

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

           *       *       *       *       *       *       *


SEC. 981. [RARE ISOTOPE ACCELERATOR.] FACILITY FOR RARE ISOTOPE BEAMS.

    (a) Establishment.--The Secretary shall construct and 
operate a [Rare Isotope Accelerator] Facility for Rare Isotope 
Beams. The Secretary shall commence construction no later than 
September 30, 2008.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary such sums as may be 
necessary to carry out this section. The Secretary shall not 
spend more than $1,100,000,000 in Federal funds for all 
activities associated with the [Rare Isotope Accelerator] 
Facility for Rare Isotope Beams, prior to operation of the 
Accelerator.

           *       *       *       *       *       *       *


SEC. 988. COST SHARING.

    (a) Applicability.--Notwithstanding any other provision of 
law, in carrying out a research, development, demonstration, or 
commercial application program or activity that is initiated 
after the date of enactment of this section, the Secretary 
shall require cost-sharing in accordance with this section.
    (b) Research and Development.--
          (1) In general.--[Except as provided in paragraphs 
        (2) and (3)] Except as provided in paragraphs (2), (3), 
        and (4) and subsection (f), the Secretary shall require 
        not less than 20 percent of the cost of a research or 
        development activity described in subsection (a) to be 
        provided by a non-Federal source.
          (2) Exclusion.--Paragraph (1) shall not apply to a 
        research or development activity described in 
        subsection (a) that is of a basic or fundamental 
        nature, as determined by the appropriate officer of the 
        Department.
          (3) Reduction.--The Secretary may reduce or eliminate 
        the requirement of paragraph (1) for a research and 
        development activity of an applied nature if the 
        Secretary determines that the reduction is necessary 
        and appropriate.
          (4) Exemption for institutions of higher education 
        and other nonprofit institutions.--
                  (A) In general.--Paragraph (1) shall not 
                apply to a research or development activity 
                performed by an institution of higher education 
                or nonprofit institution (as defined in section 
                4 of the Stevenson-Wydler Technology Innovation 
                Act of 1980 (15 U.S.C. 3703)).
                  (B) Termination date.--The exemption under 
                subparagraph (A) shall apply during the 2-year 
                period beginning on the date of enactment of 
                this paragraph.

           *       *       *       *       *       *       *


SEC. 993. [STRATEGY AND PLAN FOR SCIENCE AND ENERGY FACILITIES AND 
                    INFRASTRUCTURE.] STRATEGY FOR FACILITIES AND 
                    INFRASTRUCTURE.

           *       *       *       *       *       *       *


    (b) Report.--(1) In general.--The Secretary shall prepare 
and submit, along with the budget request of the President 
submitted to Congress for fiscal year [2008] 2018, a report 
describing the strategy developed under subsection (a).
          (2) Contents.--For each National Laboratory and 
        single-purpose research facility that is primarily used 
        for science and energy research, the report shall 
        contain--
                  (A) the current priority list of proposed 
                facilities and infrastructure projects, 
                including cost and schedule requirements;
                  (B) a current 10-year plan that demonstrates 
                the reconfiguration of its facilities and 
                infrastructure to meet its missions and to 
                address its long-term operational costs and 
                return on investment;
                  (C) the total current budget for all 
                facilities and infrastructure funding; and
                  (D) the current status of each facility and 
                infrastructure project compared to the original 
                baseline cost, schedule, and scope.

           *       *       *       *       *       *       *


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

    [(a) In General.--The Secretary shall periodically review 
all of the science and technology activities of the Department 
in a strategic framework that takes into account both the 
frontiers of science to which the Department can contribute and 
the national needs relevant to the Department's statutory 
missions.
    [(b) Coordination Analysis and Plan.--As part of the review 
under subsection (a), the Secretary shall develop a 
coordination plan to improve coordination and collaboration in 
research, development, demonstration, and commercial 
application activities across Department organizational 
boundaries.
    [(c) Plan Contents.--The plan shall describe--
          [(1) cross-cutting scientific and technical issues 
        and research questions that span more than one program 
        or major office of the Department;
          [(2) how the applied technology programs of the 
        Department are coordinating their activities, and 
        addressing those questions;
          [(3) ways in which the technical interchange within 
        the Department, particularly between the Office of 
        Science and the applied technology programs, can be 
        enhanced, including ways in which the research agendas 
        of the Office of Science and the applied programs can 
        interact and assist each other;
          [(4) a description of how the Secretary will ensure 
        that the Department's overall research agenda include, 
        in addition to fundamental, curiosity-driven research, 
        fundamental research related to topics of concern to 
        the applied programs, and applications in Departmental 
        technology programs of research results generated by 
        fundamental, curiosity-driven research.
    [(d) Plan Transmittal.--Not later than 12 months after the 
date of enactment of this Act, and every 4 years thereafter, 
the Secretary shall transmit to Congress the results of the 
review under subsection (a) and the coordination plan under 
subsection (b).]

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

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

           *       *       *       *       *       *       *


SEC. 1001. IMPROVED TECHNOLOGY TRANSFER OF ENERGY TECHNOLOGIES.

    (a) Technology Transfer Coordinator.--The Secretary shall 
appoint a Technology Transfer Coordinator to be the principal 
advisor to the Secretary on all matters relating to technology 
transfer and commercialization.
    (b) Qualifications.--The Coordinator shall be an individual 
who, by reason of professional background and experience, is 
specially qualified to advise the Secretary on matters 
pertaining to technology transfer at the Department.
    (c) Duties of the Coordinator.--The Coordinator shall 
oversee--
          (1) the activities of the Technology Transfer Working 
        Group established under subsection (d);
          (2) the expenditure of funds allocated for technology 
        transfer within the Department;
          (3) the activities of each technology partnership 
        ombudsman appointed under section 11 of the Technology 
        Transfer Commercialization Act of 2000 (42 U.S.C. 
        7261c); and
          (4) efforts to engage private sector entities, 
        including venture capital companies.
    (d) Technology Transfer Working Group.--The Secretary shall 
establish a Technology Transfer Working Group, which shall 
consist of representatives of the National Laboratories and 
single-purpose research facilities, to--
          (1) coordinate technology transfer activities 
        occurring at National Laboratories and single-purpose 
        research facilities;
          (2) exchange information about technology transfer 
        practices, including alternative approaches to 
        resolution of disputes involving intellectual property 
        rights and other technology transfer matters; and
          (3) develop and disseminate to the public and 
        prospective technology partners information about 
        opportunities and procedures for technology transfer 
        with the Department, including opportunities and 
        procedures related to alternative approaches to 
        resolution of disputes involving intellectual property 
        rights and other technology transfer matters.
    (e) Technology Commercialization Fund.--The Secretary shall 
establish an Energy Technology Commercialization Fund, using 
0.9 percent of the amount made available to the Department for 
applied energy research, development, demonstration, and 
commercial application for each fiscal year, to be used to 
provide matching funds with private partners to promote 
promising energy technologies for commercial purposes.
    (f) Technology Transfer Responsibility.--Nothing in this 
section affects the technology transfer responsibilities of 
Federal employees under the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
    (g) Early Stage Technology Demonstration.--The Secretary 
shall permit the directors of the National Laboratories to use 
funds authorized to support technology transfer within the 
Department to carry out early stage and precommercial 
technology demonstration activities to remove technology 
barriers that limit private sector interest and demonstrate 
potential commercial applications of any research and 
technologies arising from National Laboratory activities.
    [(g)] (h) Planning and Reporting.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        submit to Congress a technology transfer execution 
        plan.
          (2) Updates.--Each year after the submission of the 
        plan under paragraph (1), the Secretary shall submit to 
        Congress an updated execution plan and reports that 
        describe progress toward meeting goals set forth in the 
        execution plan and the funds expended under subsection 
        (e).