[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8296 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8296

     To establish and support advanced nuclear energy research and 
    development programs at the Department of Energy, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2020

Mr. Gallagher introduced the following bill; which was referred to the 
              Committee on Science, Space, and Technology

_______________________________________________________________________

                                 A BILL


 
     To establish and support advanced nuclear energy research and 
    development programs at the Department of Energy, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Energy Reactor Demonstration 
Act''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Advanced nuclear reactor research and development goals.
Sec. 4. Advanced fuels development.

SEC. 3. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.

    (a) In General.--Subtitle E of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the 
following:

``SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.

    ``(a) Definitions.--In this section:
            ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
        reactor' means--
                    ``(A) a nuclear fission reactor, including a 
                prototype plant (as defined in sections 50.2 and 52.1 
                of title 10, Code of Federal Regulations (or successor 
                regulations)), with significant improvements compared 
                to the most recent generation of fission reactors, 
                including improvements such as--
                            ``(i) additional inherent safety features;
                            ``(ii) lower waste yields;
                            ``(iii) improved fuel performance;
                            ``(iv) increased tolerance to loss of fuel 
                        cooling;
                            ``(v) enhanced reliability;
                            ``(vi) increased proliferation resistance;
                            ``(vii) increased thermal efficiency;
                            ``(viii) reduced consumption of cooling 
                        water;
                            ``(ix) the ability to integrate into 
                        electric applications and nonelectric 
                        applications;
                            ``(x) modular sizes to allow for deployment 
                        that corresponds with the demand for 
                        electricity; or
                            ``(xi) operational flexibility to respond 
                        to changes in demand for electricity and to 
                        complement integration with intermittent 
                        renewable energy; and
                    ``(B) a fusion reactor.
            ``(2) Demonstration project.--The term `demonstration 
        project' means--
                    ``(A) an advanced nuclear reactor operated--
                            ``(i) as part of the power generation 
                        facilities of an electric utility system; or
                            ``(ii) in any other manner for the purpose 
                        of demonstrating the suitability for commercial 
                        application of the advanced nuclear reactor;
                    ``(B) the demonstration of privately funded 
                experimental advanced nuclear reactors, funded in whole 
                or in part by the private sector, at National 
                Laboratories or other sites owned by the Department of 
                Energy; and
                    ``(C) an advanced nuclear reactor demonstrated by 
                the Secretary of Defense in cooperation with the 
                Secretary of Energy.
    ``(b) Purpose.--The purpose of this section is to direct the 
Secretary, as soon as practicable after the date of enactment of this 
section, to advance the research and development of domestic advanced, 
affordable, and clean nuclear energy by--
            ``(1) demonstrating different advanced nuclear reactor 
        technologies that could be used by the private sector to 
        produce--
                    ``(A) emission-free power at a levelized cost of 
                electricity of $60 per megawatt-hour or less;
                    ``(B) heat for community heating, industrial 
                purposes, or synthetic fuel production;
                    ``(C) remote or off-grid energy supply; or
                    ``(D) backup or mission-critical power supplies;
            ``(2) developing subgoals for nuclear energy research 
        programs that would accomplish the goals of the demonstration 
        projects carried out under subsection (c);
            ``(3) identifying research areas that the private sector is 
        unable or unwilling to undertake due to the cost of, or risks 
        associated with, the research; and
            ``(4) facilitating the access of the private sector--
                    ``(A) to Federal research facilities and personnel; 
                and
                    ``(B) to the results of research relating to civil 
                nuclear technology funded by the Federal Government.
    ``(c) Demonstration Projects.--
            ``(1) In general.--The Secretary shall, to the maximum 
        extent practicable--
                    ``(A) enter into agreements to complete not fewer 
                than two demonstration projects by not later than 
                December 31, 2025; and
                    ``(B) establish a program to enter into agreements 
                to demonstrate not fewer than two, and not more than 
                five, additional operational advanced reactor designs 
                by not later than December 31, 2035.
            ``(2) Requirements.--In carrying out demonstration projects 
        under paragraph (1), the Secretary shall--
                    ``(A) include diversity in designs for the advanced 
                nuclear reactors demonstrated under this section, 
                including designs using various--
                            ``(i) primary coolants;
                            ``(ii) fuel types and compositions; and
                            ``(iii) neutron spectra;
                    ``(B) seek to ensure that--
                            ``(i) the long-term cost of electricity or 
                        heat for each design to be demonstrated under 
                        this subsection is cost-competitive in the 
                        applicable market; and
                            ``(ii) the selected projects can meet the 
                        deadline established in paragraph (1) to 
                        demonstrate first-of-a-kind advanced nuclear 
                        reactor technologies, for which additional 
                        information shall be considered, including--
                                    ``(I) the technology readiness 
                                level of a proposed advanced nuclear 
                                reactor technology;
                                    ``(II) the technical abilities and 
                                qualifications of teams desiring to 
                                demonstrate a proposed advanced nuclear 
                                reactor technology; and
                                    ``(III) the capacity to meet cost-
                                share requirements of the Department;
                    ``(C) ensure that each evaluation of candidate 
                technologies for the demonstration projects is 
                completed through an external review of proposed 
                designs, which review shall--
                            ``(i) be conducted by a panel that includes 
                        not fewer than 1 representative of each of--
                                    ``(I) an electric utility; and
                                    ``(II) an entity that uses high-
                                temperature process heat for 
                                manufacturing or industrial processing, 
                                such as a petrochemical company, a 
                                manufacturer of metals, or a 
                                manufacturer of concrete;
                            ``(ii) include a review of cost-
                        competitiveness and other value streams, 
                        together with the technology readiness level, 
                        of each design to be demonstrated under this 
                        subsection; and
                            ``(iii) not be required for a demonstration 
                        project that is not federally funded;
                    ``(D) for federally funded demonstration projects, 
                enter into cost-sharing agreements with private sector 
                partners in accordance with section 988 for the conduct 
                of activities relating to the research, development, 
                and demonstration of private-sector advanced nuclear 
                reactor designs under the program;
                    ``(E) work with private sector partners to identify 
                potential sites, including Department-owned sites, for 
                demonstrations, as appropriate;
                    ``(F) align specific activities carried out under 
                demonstration projects carried out under this 
                subsection with priorities identified through direct 
                consultations between--
                            ``(i) the Department;
                            ``(ii) relevant Federal agencies as 
                        determined by the Secretary;
                            ``(iii) National Laboratories;
                            ``(iv) institutions of higher education;
                            ``(v) traditional end-users (such as 
                        electric utilities);
                            ``(vi) potential end-users of new 
                        technologies (such as users of high-temperature 
                        process heat for manufacturing processing, 
                        including petrochemical companies, 
                        manufacturers of metals, or manufacturers of 
                        concrete); and
                            ``(vii) developers of advanced nuclear 
                        reactor technology; and
                    ``(G) seek to ensure that the demonstration 
                projects carried out under paragraph (1) do not cause 
                any delay in a deployment of an advanced reactor by 
                private industry and the Department of Energy that is 
                underway as of the date of enactment of this section.
            ``(3) Additional requirements.--In carrying out 
        demonstration projects under paragraph (1), the Secretary 
        shall--
                    ``(A) identify candidate technologies that--
                            ``(i) are not developed sufficiently for 
                        demonstration within the initial required 
                        timeframe described in paragraph (1)(A); but
                            ``(ii) could be demonstrated within the 
                        timeframe described in paragraph (1)(B);
                    ``(B) identify technical challenges to the 
                candidate technologies identified in subparagraph (A);
                    ``(C) support near-term research and development to 
                address the highest-risk technical challenges to the 
                successful demonstration of a selected advanced reactor 
                technology, in accordance with--
                            ``(i) subparagraph (B); and
                            ``(ii) the research and development 
                        activities under section 958; and
                    ``(D) establish such technology advisory working 
                groups as the Secretary determines to be appropriate to 
                advise the Secretary regarding the technical challenges 
                identified under subparagraph (B) and the scope of 
                research and development programs to address the 
                challenges, in accordance with subparagraph (C), to be 
                comprised of--
                            ``(i) private-sector advanced nuclear 
                        reactor technology developers;
                            ``(ii) technical experts with respect to 
                        the relevant technologies at institutions of 
                        higher education; and
                            ``(iii) technical experts at the National 
                        Laboratories.
    ``(d) Goals.--
            ``(1) In general.--The Secretary shall establish goals for 
        research relating to advanced nuclear reactors facilitated by 
        the Department that support the objectives of the program for 
        demonstration projects established under subsection (c).
            ``(2) Coordination.--In developing the goals under 
        paragraph (1), the Secretary shall coordinate, on an ongoing 
        basis, with members of private industry to advance the 
        demonstration of various designs of advanced nuclear reactors.
            ``(3) Requirements.--In developing the goals under 
        paragraph (1), the Secretary shall ensure that--
                    ``(A) research activities facilitated by the 
                Department to meet the goals developed under this 
                subsection are focused on key areas of nuclear research 
                and deployment ranging from basic science to full-
                design development, safety evaluation, and licensing;
                    ``(B) research programs designed to meet the goals 
                emphasize--
                            ``(i) resolving materials challenges 
                        relating to extreme environments, including 
                        extremely high levels of--
                                    ``(I) radiation fluence;
                                    ``(II) temperature;
                                    ``(III) pressure; and
                                    ``(IV) corrosion; and
                            ``(ii) qualification of advanced fuels;
                    ``(C) activities are carried out that address near-
                term challenges in modeling and simulation to enable 
                accelerated design and licensing;
                    ``(D) related technologies, such as technologies to 
                manage, reduce, or reuse nuclear waste, are developed;
                    ``(E) nuclear research infrastructure is maintained 
                or constructed, such as--
                            ``(i) currently operational research 
                        reactors at the National Laboratories and 
                        institutions of higher education;
                            ``(ii) hot cell research facilities;
                            ``(iii) a versatile fast neutron source; 
                        and
                            ``(iv) a molten salt testing facility;
                    ``(F) basic knowledge of non-light water coolant 
                physics and chemistry is improved;
                    ``(G) advanced sensors and control systems are 
                developed; and
                    ``(H) advanced manufacturing and advanced 
                construction techniques and materials are investigated 
                to reduce the cost of advanced nuclear reactors.''.
    (b) Table of Contents.--The table of contents of the Energy Policy 
Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended--
            (1) in the item relating to section 917, by striking 
        ``Efficiency'';
            (2) in the items relating to sections 957, 958, and 959, by 
        inserting ``Sec.'' before ``9'' each place it appears; and
            (3) by inserting after the item relating to section 959 the 
        following:

``Sec. 959A. Advanced nuclear reactor research and development 
                            goals.''.

SEC. 4. ADVANCED FUELS DEVELOPMENT.

    Section 953 of the Energy Policy Act of 2005 (42 U.S.C. 16273) is 
amended--
            (1) by redesignating subsections (a) through (d) as 
        paragraphs (1), (3), (4), and (5), respectively, and indenting 
        appropriately;
            (2) in paragraph (1) (as so redesignated)--
                    (A) by striking ``this section'' and inserting 
                ``this subsection'';
                    (B) by striking ``minimize environmental'' and 
                inserting ``improve fuel cycle performance while 
                minimizing the cost and complexity of processing, 
                environmental impacts,''; and
                    (C) by striking ``the Generation IV'';
            (3) by inserting after paragraph (1) (as so redesignated) 
        the following:
            ``(2) Considerations.--In carrying out activities under the 
        program, the Secretary shall consider the potential benefits of 
        those activities for civilian nuclear applications, 
        environmental remediation, and national security.'';
            (4) by inserting after paragraph (5) (as so redesignated) 
        the following:
            ``(6) Authorization of appropriations.--From within funds 
        authorized to be appropriated to the Department of Energy's 
        Office of Nuclear Energy, the Secretary may use to carry out 
        the program under this subsection, $40,000,000 for each of 
        fiscal years 2021 through 2025.'';
            (5) by inserting before paragraph (1) (as so redesignated) 
        the following:
    ``(a) Material Recovery and Waste Form Development.--''; and
            (6) by adding at the end the following:
    ``(b) Advanced Fuels.--
            ``(1) In general.--The Secretary shall carry out a program 
        to conduct research relating to--
                    ``(A) next-generation light water reactor fuels 
                that demonstrate improved--
                            ``(i) performance; and
                            ``(ii) accident tolerance; and
                    ``(B) innovative advanced reactor fuels that 
                demonstrate improved--
                            ``(i) proliferation resistance; and
                            ``(ii) use of resources.
            ``(2) Requirements.--In carrying out the program under this 
        subsection, the Secretary shall--
                    ``(A) focus on the development of accident-tolerant 
                fuel and cladding concepts that are capable of 
                achieving initial commercialization by December 31, 
                2025;
                    ``(B) conduct studies regarding the means by which 
                those concepts would impact reactor economics, the fuel 
                cycle, operations, safety, and the environment;
                    ``(C) support a healthy nuclear fuel cycle capable 
                of providing higher levels of enriched uranium for 
                domestic advanced nuclear development and for national 
                security applications;
                    ``(D) subject to paragraph (3), publish the results 
                of the studies conducted under subparagraph (B); and
                    ``(E) cooperate with institutions of higher 
                education through the Nuclear Energy University and 
                Integrated Research Projects programs of the 
                Department.
            ``(3) Sensitive information.--The Secretary shall not 
        publish any information under paragraph (2)(C) that is 
        detrimental to national security, as determined by the 
        Secretary.
            ``(4) Authorization of appropriations.--From within funds 
        authorized to be appropriated to the Department of Energy's 
        Office of Nuclear Energy, the Secretary may use to carry out 
        the program under this subsection $120,000,000 for each of 
        fiscal years 2021 through 2025.''.
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