Environmental Management Liability Reduction and Technology Development Act of 2021
Bill: S.1065 | Sponsor: Sen. Murray, Patty (D-WA)
Policy area: Environmental Protection

Summary:
Environmental Management Liability Reduction and Technology Development Act of 2021
This bill establishes programs and requirements concerning the development and deployment of technology to assist the Office of Environmental Management within the Department of Energy in managing and directing the cleanup of contaminated nuclear weapons manufacturing and testing sites.
Specifically, the office must obtain from the U.S. Army Corps of Engineers an independent assessment of the lifecycle costs and schedules of the office's cleanup programs. The office must use the assessment to reevaluate the major cleanup challenges faced by the office, make any adjustments to the programs that are necessary to address those challenges, and evaluate potential savings from the development of new technologies over the life of the cleanup programs.
In addition, the office must design and implement a science and technology management process for identifying, prioritizing, selecting, developing, and deploying the new knowledge and technologies needed to address the cleanup challenges.
The office must also establish an Incremental Technology Development Program to improve the efficiency and effectiveness of the cleanup processes of the office. In carrying out the program, the office may provide grants for technology development, demonstration, and deployment projects to improve such technologies.
Additionally, the office must establish a High-Impact Technology Development Program and a Fundamental Research Program to award grants to address cleanup challenges. The office must also establish the Environmental Management University Program and may provide research grants under the program.

To increase collaboration between offices within the Department of 
 Energy to develop and deploy technology to assist the mission of the 
                  Office of Environmental Management.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Management Liability 
Reduction and Technology Development Act of 2021''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish programs--
            (1) to develop and deploy technologies in a timely manner 
        to better fulfill the mission of the Office of Environmental 
        Management of the Department of Energy;
            (2) to coordinate available technologies with remediation 
        projects to enable the start, and cost-efficient and economical 
        completion, of remediation projects;
            (3) to establish a consistent process for technology 
        development to achieve long-term solutions rather than 
        developing technologies to address 1 phase of a project at a 
        time, which potentially increases the long-term cleanup costs;
            (4) to reduce aggregate cost, better protect workers, and 
        complete the mission more effectively and safely; and
            (5) to develop new technology and to train a skilled 
        workforce to enable the Secretary of Energy to address the 
        significant challenges the Department faces.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Complex.--The term ``complex'' means all sites managed 
        in whole or in part by the Office.
            (2) Department.--The term ``Department'' means the 
        Department of Energy.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (4) Mission.--The term ``mission'' means the mission of the 
        Office.
            (5) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (6) Office.--The term ``Office'' means the Office of 
        Environmental Management of the Department.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy, acting through the Assistant Secretary for 
        Environmental Management.
            (8) Small business concern.--The term ``small business 
        concern'' has the meaning given the term in section 3 of the 
        Small Business Act (15 U.S.C. 632).

SEC. 4. INDEPENDENT ASSESSMENT AND MANAGEMENT.

    (a) Independent Assessment.--
            (1) In general.--The Secretary shall obtain from the Corps 
        of Engineers an independent assessment of the lifecycle costs 
        and schedules of the cleanup programs of the Office.
            (2) Focus of assessment.--The assessment under paragraph 
        (1) shall be focused on identifying key remaining technical 
        risks and uncertainties of the cleanup programs.
            (3) Use of assessment.--The Office shall use the assessment 
        under paragraph (1)--
                    (A) to reevaluate the major cleanup challenges 
                faced by the Office, including the timeline and costs 
                associated with addressing those challenges with 
                existing science and technology investments;
                    (B) to make any adjustments to the science and 
                technology development program of the Office that are 
                necessary to address those major cleanup challenges;
                    (C) to evaluate potential savings from the 
                development of new technologies over the life of the 
                cleanup programs of the Office; and
                    (D) to provide recommendations to Congress with 
                respect to the annual funding levels for the 
                Incremental Technology Development Program established 
                under section 5(a), the High-Impact Technology 
                Development Program established under section 6(a), and 
                the Fundamental Research Program established under 
                section 7(a) that will ensure maximum cost-savings over 
                the life of the cleanup programs of the Office.
            (4) No effect on program implementation.--Nothing in this 
        subsection affects the establishment, implementation, or 
        carrying out of any project or program under any other 
        provision of law, including this Act, during the time period in 
        which the assessment under paragraph (1) is carried out.
    (b) Management Process.--The Secretary shall design and implement a 
science and technology management process for identifying, 
prioritizing, selecting, developing, and deploying the new knowledge 
and technologies needed to address the cleanup challenges faced by the 
Office, including the technical risks and uncertainties identified by 
the assessment under subsection (a).
    (c) Peer Review.--The Secretary shall use independent peer review 
to evaluate--
            (1) the science and technology management process designed 
        under subsection (b) before that process is implemented;
            (2) any science and technology projects before those 
        projects are funded; and
            (3) the overall effectiveness and impact of the science and 
        technology efforts of the Office.

SEC. 5. INCREMENTAL TECHNOLOGY DEVELOPMENT PROGRAM.

    (a) Establishment.--The Secretary shall establish a program, to be 
known as the ``Incremental Technology Development Program'' (referred 
to in this section as the ``program''), to improve the efficiency and 
effectiveness of the cleanup processes of the Office.
    (b) Focus.--
            (1) In general.--The program shall focus on the continuous 
        improvement of new or available technologies for--
                    (A) decontamination chemicals and techniques;
                    (B) remote sensing and wireless communication to 
                reduce manpower and laboratory efforts;
                    (C) detection, assay, and certification 
                instrumentation;
                    (D) packaging materials, methods, and shipping 
                systems; and
                    (E) improving the overall efficiency and 
                effectiveness of the Office.
            (2) Other areas.--The program may include mission-relevant 
        development, demonstration, and deployment activities unrelated 
        to the focus areas described in paragraph (1).
    (c) Use of New and Emerging Technologies.--
            (1) In general.--In carrying out the program, the Secretary 
        shall ensure that site offices of the Office conduct technology 
        development and demonstration of new and emerging technologies 
        to establish a sound technical basis for the selection of 
        technologies for cleanup or infrastructure operations.
            (2) Collaboration required.--The Secretary shall 
        collaborate with the heads of other Federal agencies, the 
        National Laboratories, other Federal laboratories, appropriate 
        State regulators and agencies, and the Department of Labor in 
        the development, demonstration, and deployment of new 
        technologies under the program.
    (d) Grant Program.--
            (1) In general.--In carrying out the program, the Secretary 
        may provide to eligible entities grants for technology 
        development, demonstration, and deployment projects to improve 
        technologies in accordance with subsection (b).
            (2) Eligible entities.--Entities eligible to receive a 
        grant under the program include--
                    (A) the National Laboratories;
                    (B) other Federal laboratories;
                    (C) institutions of higher education;
                    (D) contractors; and
                    (E) small business concerns.
            (3) Selection.--The Secretary shall select eligible 
        entities for grants under the program through a rigorous 
        process that involves--
                    (A) transparent and open competition; and
                    (B) an independent peer review process described in 
                paragraph (4).
            (4) Peer review process.--
                    (A) In general.--Each technology development, 
                demonstration, and deployment project of an eligible 
                entity under consideration for a grant under the 
                program shall undergo an independent peer review 
                process by a panel of not fewer than 3 peer reviewers 
                selected in accordance with subparagraph (C), who shall 
                evaluate the project in accordance with the criteria 
                described in subparagraph (B), with the goal of 
                maximizing--
                            (i) returns on the research and development 
                        expenditures of the Office; and
                            (ii) the return on investment of grant 
                        funds awarded under the program.
                    (B) Criteria.--The general criteria for peer review 
                under subparagraph (A) shall include, with respect to 
                each project, including any technology to be developed, 
                demonstrated, or deployed by the project, an evaluation 
                of--
                            (i) mission relevancy;
                            (ii) scientific and technical validity;
                            (iii) ability to meet an existing mission 
                        void;
                            (iv) superiority to alternatives;
                            (v) cost effectiveness;
                            (vi) ability to reduce risk;
                            (vii) regulatory acceptance;
                            (viii) public acceptance; and
                            (ix) likelihood of implementation.
                    (C) Peer reviewers.--
                            (i) In general.--A peer reviewer for a 
                        project under subparagraph (A) shall be 
                        selected--
                                    (I) through a systematic approach 
                                to accessing peer reviewer information 
                                that ensures the appropriate range of 
                                expertise for the peer review panel; 
                                and
                                    (II) from among--
                                            (aa) contractors;
                                            (bb) the National 
                                        Laboratories;
                                            (cc) other Federal 
                                        Laboratories;
                                            (dd) institutions of higher 
                                        education; and
                                            (ee) members of relevant 
                                        professional societies.
                            (ii) Minimization of doe participation.--To 
                        the maximum extent practicable, the peer 
                        reviewer selection process under clause (i) 
                        shall minimize the participation of staff of 
                        the Department as peer reviewers.
                            (iii) Minimization of conflicts of 
                        interest.--A peer reviewer selected under 
                        clause (i) to review the project may not be 
                        affiliated with the eligible entity or the 
                        project being reviewed.
                    (D) Review process.--Each panel of peer reviewers 
                shall review the project--
                            (i) using a process of regular review and 
                        staged decision making that is comparable to 
                        other peer review programs; and
                            (ii) with rigorous attention to--
                                    (I) the collection of activity; and
                                    (II) the achievement of performance 
                                metrics.
            (5) Cost-sharing.--The Federal share of the costs of the 
        development, demonstration, and deployment of new technologies 
        carried out using a grant under this subsection shall be not 
        more than 70 percent.
    (e) Funding.--There is authorized to be appropriated to carry out 
the program--
            (1) $30,000,000 for each of fiscal years 2022 through 2024; 
        and
            (2) $50,000,000 for fiscal year 2025 and each fiscal year 
        thereafter.

SEC. 6. HIGH-IMPACT TECHNOLOGY DEVELOPMENT PROGRAM.

    (a) Establishment.--The Secretary shall establish a program, to be 
known as the ``High-Impact Technology Development Program'' (referred 
to in this section as the ``program''), under which the Secretary shall 
make grants to eligible entities for projects that pursue technologies 
that, with respect to the mission--
            (1) holistically address difficult challenges;
            (2) hold the promise of breakthrough improvements; or
            (3) align existing or in-use technologies with difficult 
        challenges.
    (b) Workshop.--The Secretary shall commence the program with a 
workshop to identify, with respect to the technologies developed 
pursuant to the program--
            (1) the challenges that need to be addressed; and
            (2) how--
                    (A) to maximize the impact of existing resources of 
                the Office; and
                    (B) to ensure that the technology development 
                targets challenges across the complex.
    (c) Areas of Focus.--Areas of focus of a project receiving a grant 
under this section may include--
            (1) developing and demonstrating improved methods for 
        source and plume characterization and monitoring, with an 
        emphasis on--
                    (A) real-time field acquisition; and
                    (B) the use of indicator species analyses with 
                advanced contaminant transport models to enable better 
                understanding of contaminant migration;
            (2) developing and determining the limits of performance 
        for remediation technologies and integrated remedial systems 
        that prevent migration of contaminants, including by producing 
        associated guidance and design manuals for technologies that 
        could be widely used across the complex;
            (3) demonstrating advanced monitoring approaches that use 
        multiple lines of evidence for monitoring long-term performance 
        of--
                    (A) remediation systems; and
                    (B) noninvasive near-field monitoring techniques;
            (4) developing and demonstrating methods to characterize 
        the physical and chemical attributes of waste that control 
        behavior, with an emphasis on--
                    (A) rapid and nondestructive examination and assay 
                techniques; and
                    (B) methods to determine radio-nuclide, heavy 
                metals, and organic constituents;
            (5) demonstrating the technical basis for determining when 
        enhanced or natural attenuation is an appropriate approach for 
        remediation of complex sites;
            (6) developing and demonstrating innovative methods to 
        achieve real-time and, if practicable, in situ characterization 
        data for tank waste and process streams that could be useful 
        for all phases of the waste management program, including 
        improving characterization of residual waste in tanks;
            (7) adapting existing treatment technologies or 
        demonstrating new treatment technologies at the pilot plant 
        scale using real wastes or realistic surrogates--
                    (A) to address engineering adaptations; and
                    (B) to enable successful deployment at full-scale 
                and in support of operations;
            (8) developing and demonstrating rapid testing protocols 
        that--
                    (A) are accepted by the Environmental Protection 
                Agency, the Nuclear Regulatory Commission, the 
                Department, and the scientific community;
                    (B) can be used to measure long-term waste form 
                performance under realistic disposal environments;
                    (C) can determine whether a stabilized waste is 
                suitable for disposal; and
                    (D) reduce the need for extensive, time-consuming, 
                and costly analyses on every batch of waste prior to 
                disposal;
            (9) developing and demonstrating direct stabilization 
        technologies to provide waste forms for disposing of elemental 
        mercury; and
            (10) developing and demonstrating innovative and effective 
        retrieval methods for removal of residual materials from tanks 
        and connecting pipelines.
    (d) Project Selection.--
            (1) Eligible entities.--Entities eligible to receive a 
        grant under the program include--
                    (A) the National Laboratories;
                    (B) other Federal laboratories;
                    (C) institutions of higher education;
                    (D) contractors; and
                    (E) small business concerns.
            (2) Selection.--The Secretary shall select eligible 
        entities for grants under the program through a rigorous 
        process that involves--
                    (A) transparent and open competition; and
                    (B) an independent peer review process described in 
                paragraph (3).
            (3) Peer review process.--
                    (A) In general.--Each project of an eligible entity 
                under consideration for a grant under the program shall 
                undergo an independent peer review process by a panel 
                of not fewer than 3 peer reviewers selected in 
                accordance with subparagraph (B).
                    (B) Peer reviewers.--
                            (i) In general.--A peer reviewer for a 
                        project under subparagraph (A) shall be 
                        selected--
                                    (I) through a systematic approach 
                                to accessing peer reviewer information 
                                that ensures the appropriate range of 
                                expertise for the peer review panel; 
                                and
                                    (II) from--
                                            (aa) a relevant database, 
                                        such as a database of chemical 
                                        engineers, geologists, 
                                        physicists, materials 
                                        scientists, or biologists; or
                                            (bb) among members of 
                                        relevant professional 
                                        societies.
                            (ii) Minimization of doe participation.--To 
                        the maximum extent practicable, the peer 
                        reviewer selection process under clause (i) 
                        shall minimize the participation of staff of 
                        the Department as peer reviewers.
                            (iii) Minimization of conflicts of 
                        interest.--A peer reviewer selected under 
                        clause (i) to review the project may not be 
                        affiliated with the eligible entity or the 
                        project being reviewed.
                    (C) Review process.--Each panel of peer reviewers 
                shall review the project--
                            (i) using a process of regular review and 
                        staged decision making that is comparable to 
                        other peer review programs; and
                            (ii) with rigorous attention to--
                                    (I) the collection of activity; and
                                    (II) the achievement of performance 
                                metrics.
    (e) Funding.--There is authorized to be appropriated to carry out 
the program $150,000,000 for fiscal year 2022 and each fiscal year 
thereafter.

SEC. 7. FUNDAMENTAL RESEARCH PROGRAM.

    (a) Establishment.--The Director of the Office of Science (referred 
to in this section as the ``Director'') shall establish a program, to 
be known as the ``Fundamental Research Program'' (referred to in this 
section as the ``program''), under which the Director shall make grants 
to eligible entities for projects focused on developing new knowledge 
and capabilities that are associated with the challenges of the 
mission.
    (b) Administration.--The Director shall--
            (1) manage the program in close coordination with the 
        Assistant Secretary of Energy for Environmental Management;
            (2) specifically tailor the program to the mission; and
            (3) align the program with long-term, 5- to 10-year site 
        milestones agreed to by Federal regulators and the States, so 
        that the science developed pursuant to the program can--
                    (A) progress effectively; and
                    (B) provide the understanding necessary to develop 
                solutions that align with the site timelines.
    (c) Areas of Focus.--Areas of focus of a project receiving a grant 
under this section may include research on--
            (1) the atomic- and molecular-scale chemistries of waste 
        processing;
            (2) contaminant immobilization in engineered and natural 
        systems;
            (3) developing innovative materials, with an emphasis on 
        nanomaterials or biomaterials, that could enable sequestration 
        of challenging hazardous or radioactive constituents such as 
        technetium and iodine;
            (4) elucidating and exploiting complex speciation and 
        reactivity far from equilibrium;
            (5) understanding and controlling chemical and physical 
        processes at interfaces;
            (6) harnessing physical and chemical processes to 
        revolutionize separations;
            (7) tailoring waste forms for contaminants in harsh 
        chemical environments; or
            (8) predicting and understanding subsurface system behavior 
        and response to perturbations.
    (d) Program Requirements.--.
            (1) Eligible entities.--Entities eligible to receive a 
        grant under the program include--
                    (A) the National Laboratories;
                    (B) other Federal laboratories;
                    (C) institutions of higher education;
                    (D) contractors; and
                    (E) small business concerns.
            (2) Selection.--The Secretary shall select eligible 
        entities for grants under the program through a rigorous 
        process that involves--
                    (A) transparent and open competition; and
                    (B) an independent peer review process described in 
                paragraph (3).
            (3) Peer review process.--
                    (A) In general.--Each project of an eligible entity 
                under consideration for a grant under the program shall 
                undergo an independent peer review process by a panel 
                of not fewer than 3 peer reviewers selected in 
                accordance with subparagraph (B).
                    (B) Peer reviewers.--
                            (i) In general.--A peer reviewer for a 
                        project under subparagraph (A) shall be 
                        selected--
                                    (I) through a systematic approach 
                                to accessing peer reviewer information 
                                that ensures the appropriate range of 
                                expertise for the peer review panel; 
                                and
                                    (II) from--
                                            (aa) a relevant database, 
                                        such as a database of chemical 
                                        engineers, geologists, 
                                        physicists, materials 
                                        scientists, or biologists; or
                                            (bb) among members of 
                                        relevant professional 
                                        societies.
                            (ii) Minimization of doe participation.--To 
                        the maximum extent practicable, the peer 
                        reviewer selection process under clause (i) 
                        shall minimize the participation of staff of 
                        the Department as peer reviewers.
                            (iii) Minimization of conflicts of 
                        interest.--A peer reviewer selected under 
                        clause (i) to review the project may not be 
                        affiliated with the eligible entity or the 
                        project being reviewed.
                    (C) Review process.--Each panel of peer reviewers 
                shall review the project--
                            (i) using a process of regular review and 
                        staged decision making that is comparable to 
                        other peer review programs; and
                            (ii) with rigorous attention to--
                                    (I) the collection of activity; and
                                    (II) the achievement of performance 
                                metrics.
    (e) Funding.--There is authorized to be appropriated to carry out 
the program $30,000,000 for fiscal year 2022 and each fiscal year 
thereafter.

SEC. 8. ENVIRONMENTAL MANAGEMENT UNIVERSITY PROGRAM.

    (a) Establishment.--The Secretary shall establish a program, to be 
known as the ``Environmental Management University Program'' (referred 
to in this section as the ``program'')--
            (1) to engage faculty, post-doctoral fellows or 
        researchers, and graduate students of institutions of higher 
        education on subjects relating to the mission to show a clear 
        path for students for employment with the Department;
            (2) to provide to institutions of higher education--
                    (A) a source of new ideas; and
                    (B) access to advances in engineering and science;
            (3) to clearly identify to institutions of higher education 
        the tools necessary to enter into the environmental management 
        field professionally; and
            (4) to encourage current employees of the Department to 
        pursue advanced degrees.
    (b) Areas of Focus.--Areas of focus of a project receiving a grant 
under this section may include--
            (1) the atomic- and molecular-scale chemistries of waste 
        processing;
            (2) contaminant immobilization in engineered and natural 
        systems;
            (3) developing innovative materials, with an emphasis on 
        nanomaterials or biomaterials, that could enable sequestration 
        of challenging hazardous or radioactive constituents such as 
        technetium and iodine;
            (4) elucidating and exploiting complex speciation and 
        reactivity far from equilibrium;
            (5) understanding and controlling chemical and physical 
        processes at interfaces;
            (6) harnessing physical and chemical processes to 
        revolutionize separations;
            (7) tailoring waste forms for contaminants in harsh 
        chemical environments; or
            (8) predicting and understanding subsurface system behavior 
        and response to perturbations.
    (c) Individual Research Grants.--In carrying out the program, the 
Secretary may make individual research grants, in the amount of not 
less than $150,000 but not more than $300,000 per year, to faculty, 
post-doctoral fellows or researchers, and graduate students of 
institutions of higher education for 3-year research projects, with an 
option for an extension of 1 additional period of 2 years.
    (d) Grants for Interdisciplinary Collaborations.--In carrying out 
the program, the Secretary may make research grants, in the amount of 
not more than $400,000 per year for each grant, for strategic 
partnerships among scientists, faculty, post-doctoral fellows or 
researchers, and graduate students of institutions of higher education 
for 3-year research projects.
    (e) Hiring of Undergraduates.--In carrying out the program, the 
Secretary may establish a summer internship program for undergraduates 
of institutions of higher education to work on projects relating to 
environmental management.
    (f) Workshops.--In carrying out the program, the Secretary may hold 
workshops with the Office of Environmental Management, the Office of 
Science, and members of academia and industry concerning environmental 
management challenges and solutions.
    (g) Funding.--There is authorized to be appropriated to carry out 
the program $7,000,000 for fiscal year 2022 and each fiscal year 
thereafter.
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