[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2368 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2368

  To amend the Atomic Energy Act of 1954 and the Energy Policy Act of 
2005 to support licensing and relicensing of certain nuclear facilities 
 and nuclear energy research, demonstration, and development, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2019

Mr. Coons (for himself and Ms. McSally) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Atomic Energy Act of 1954 and the Energy Policy Act of 
2005 to support licensing and relicensing of certain nuclear facilities 
 and nuclear energy research, demonstration, and development, 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 Renewal Act of 
2019''.

SEC. 2. LIGHT WATER REACTOR SUSTAINABILITY PROGRAM.

    Section 621 of the Energy Policy Act of 2005 (Public Law 109-58; 
119 Stat. 782) is amended--
            (1) by striking ``Section'' and inserting the following:
    ``(a) Amendment to Atomic Energy Act of 1954.--Section''; and
            (2) by adding at the end the following:
    ``(b) Light Water Reactor Sustainability Program.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall expand the light water reactor 
        sustainability program of the Department, to the maximum extent 
        practicable--
                    ``(A) to ensure the achievement of maximum benefits 
                from existing nuclear generation;
                    ``(B) to accommodate the increase in applications 
                for nuclear power plant license renewals expected as of 
                the date of enactment of this subsection;
                    ``(C) to enable the continued operation of existing 
                nuclear power plants through technology development;
                    ``(D) to improve the performance and reduce the 
                operation and maintenance costs of nuclear power 
                plants; and
                    ``(E) to promote the use of high-performance 
                computing to simulate nuclear reactor processes.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        under this subsection $60,000,000 for each of fiscal years 2020 
        through 2029.''.

SEC. 3. INCREASING SUPPORT FOR ADVANCED NUCLEAR TECHNOLOGIES.

    (a) Licensing by Nuclear Regulatory Commission.--Section 103 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2133) is amended--
            (1) in subsection d., in the second sentence, by striking 
        ``any any'' and inserting ``any''; and
            (2) by inserting after subsection d. the following:
    ``e. Advanced Nuclear Facilities and Technologies.--
            ``(1) Definition of advanced nuclear.--
                    ``(A) In general.--In this subsection, the term 
                `advanced nuclear' means, with respect to a production 
                facility, utilization facility, or technology, the use 
                of a nuclear fission reactor, including a prototype 
                plant (as defined in section 50.2 of title 10, Code of 
                Federal Regulations (or successor regulations)), that 
                represents significant improvements compared to the 
                most recent generation of nuclear 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; and
                            ``(xi) operational flexibility to respond 
                        to changes in demand for electricity and to 
                        complement integration with intermittent 
                        renewable energy.
                    ``(B) Inclusion.--In this subsection, the term 
                `advanced nuclear' includes, with respect to a 
                production facility, utilization facility, or 
                technology, the use of a nuclear fusion reactor.
            ``(2) Establishment of program.--The Secretary of Energy, 
        in coordination with the Commission, shall establish and carry 
        out a program--
                    ``(A) to develop certification and licensing 
                criteria with respect to advanced nuclear production 
                facilities and utilization facilities, including for 
                international licensing harmonization;
                    ``(B) to provide assistance to eligible applicants 
                with respect to the certification and licensing of 
                advanced nuclear production facilities and utilization 
                facilities; and
                    ``(C) to establish such procedures as the Secretary 
                of Energy and the Commission determine to be 
                appropriate for general public outreach relating to 
                advanced nuclear technologies, production facilities, 
                and utilization facilities.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the program under this 
        subsection $15,000,000 for the period of fiscal years 2020 
        through 2029.''.

SEC. 4. NUCLEAR ENERGY RESEARCH, DEMONSTRATION, AND DEVELOPMENT.

    (a) In General.--Section 952 of the Energy Policy Act of 2005 (42 
U.S.C. 16272) is amended by adding at the end the following:
    ``(e) Advanced Reactor Technologies Development Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        under which the Secretary shall conduct research relating to 
        the development of innovative nuclear reactor technologies that 
        may offer improved safety, functionality, and affordability by 
        enhancing existing nuclear technologies.
            ``(2) Requirements.--The program under this subsection 
        shall--
                    ``(A) support efforts to reduce long-term technical 
                barriers for advanced nuclear energy systems;
                    ``(B) identify potential regulatory issues relating 
                to advanced nuclear reactors;
                    ``(C) be carried out in consultation with the 
                Nuclear Regulatory Commission to ensure identification 
                of any relevant concerns;
                    ``(D) support international activities carried out 
                pursuant to--
                            ``(i) the Generation IV International 
                        Forum; or
                            ``(ii) any other international 
                        collaborative effort with respect to advanced 
                        nuclear reactor operations and safety;
                    ``(E) support research and development relating to 
                enhancing the proliferation resistance of nuclear 
                technologies; and
                    ``(F) support research and development projects 
                carried out by National Laboratories, institutions of 
                higher education, and other industry entities relating 
                to nuclear technology, including the development of--
                            ``(i) codes and standards;
                            ``(ii) sensors and instrumentation;
                            ``(iii) probabilistic risk assessments 
                        methods; and
                            ``(iv) other technologies to support the 
                        development of advanced nuclear reactor 
                        systems.
            ``(3) Areas of focus and inclusions.--The program under 
        this subsection shall--
                    ``(A) focus on research and development activities 
                relating to--
                            ``(i) fast reactors;
                            ``(ii) high-temperature, gas-cooled nuclear 
                        reactors; and
                            ``(iii) molten salt reactors; and
                    ``(B) with respect to the activities described in 
                clauses (ii) and (iii) of subparagraph (A), include 
                research and development relating to advanced fuels.
            ``(4) Supercritical transformational electric power 
        research and development.--
                    ``(A) In general.--In carrying out the program 
                under this subsection, the Secretary shall develop and 
                implement a public-private cost-shared supercritical 
                carbon dioxide (commonly known as `sCO<INF>2</INF>') 
                Brayton cycle subprogram, including research and 
                development of supercritical carbon dioxide 
                technologies.
                    ``(B) Requirement.--In carrying out the subprogram 
                under this paragraph, the Secretary shall solicit and 
                evaluate plans to encourage innovation, support 
                technology advances, and enhance the safety and 
                performance of advanced nuclear reactor systems.
                    ``(C) Technical review panel.--The Secretary shall 
                establish a technical review panel for the subprogram 
                under this paragraph, which shall carry out 
                consultation and collaboration with appropriate 
                industry entities--
                            ``(i) to evaluate advanced nuclear reactor 
                        technologies;
                            ``(ii) to identify research and development 
                        opportunities; and
                            ``(iii) to publish information regarding 
                        cost-shared research and development investment 
                        decisions to facilitate commercialization.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        under this subsection $120,000,000 for each of fiscal years 
        2020 through 2029.
    ``(f) Fuel Cycle Research and Development Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        under which the Secretary shall conduct research relating to--
                    ``(A) consent-based interim storage;
                    ``(B) transportation of nuclear waste;
                    ``(C) potential alternative disposal options for 
                Department-managed--
                            ``(i) spent nuclear fuel; and
                            ``(ii) high-level radioactive waste; and
                    ``(D) disposition alternatives for defense-related 
                nuclear waste.
            ``(2) Areas of focus.--In carrying out this subsection, the 
        Secretary shall focus on activities relating to--
                    ``(A) relevant research and development; and
                    ``(B) integrated waste management, including by 
                conducting research and development activities relating 
                to the storage, transportation, and disposal of used 
                nuclear fuel and wastes generated by existing and 
                future fuel cycles.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        under this subsection $200,000,000 for each of fiscal years 
        2020 through 2029.
    ``(g) Material Recovery and Waste Form Development.--
            ``(1) In general.--The Secretary shall carry out a program 
        under which the Secretary shall--
                    ``(A) conduct research relating to advanced nuclear 
                material recovery and advanced nuclear waste from 
                development technologies to improve fuel cycle 
                performance with reductions in processing, waste 
                generation, and potential for material diversion; and
                    ``(B) to the maximum extent practicable, apply the 
                technical expertise achieved through that research to a 
                broad range of programs and activities, including 
                activities relating to--
                            ``(i) environmental remediation;
                            ``(ii) national security; and
                            ``(iii) subject to paragraph (2), civilian 
                        nuclear applications.
            ``(2) Civilian nuclear applications.--Any research carried 
        out under this subsection relating to civilian nuclear 
        applications shall include research relating to improving the 
        economics and nonproliferation attributes of recycling light 
        water reactor fuels and advanced reactor fuels.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        under this subsection $50,000,000 for each of fiscal years 2020 
        through 2029.
    ``(h) Advanced Fuels.--
            ``(1) In general.--The Secretary shall carry out a program 
        under which the Secretary shall conduct research relating to--
                    ``(A) next-generation light water reactor fuels 
                that demonstrate enhanced--
                            ``(i) performance; and
                            ``(ii) accident tolerance; and
                    ``(B) fuels that demonstrate enhanced--
                            ``(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 the objective of initiating core reloads by 
                calendar year 2025;
                    ``(B)(i) develop modeling capabilities for new fuel 
                concepts;
                    ``(ii) conduct studies regarding the means by which 
                those concepts would impact reactor economics, the fuel 
                cycle, operations, safety, and the environment; and
                    ``(iii) subject to paragraph (3), publish the 
                studies conducted under clause (ii); and
                    ``(C) 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)(B)(iii) that is 
        detrimental to national security, as determined by the 
        Secretary.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        under this subsection $120,000,000 for each of fiscal years 
        2020 through 2029.
    ``(i) Nuclear Energy Enabling Technologies.--
            ``(1) In general.--The Secretary shall carry out a program 
        under which the Secretary shall--
                    ``(A) conduct research relating to modeling and 
                simulation tools;
                    ``(B) provide access to unique nuclear energy 
                research capabilities through the Nuclear Science User 
                Facilities of the Department; and
                    ``(C) address workforce needs in critical, focused 
                nuclear energy-related fields.
            ``(2) Support for nuclear initiatives.--The program under 
        this subsection shall support the goals, objectives, and 
        activities of the National Reactor Innovation Center and the 
        Gateway for Accelerated Innovation in Nuclear initiative of the 
        Department to make nuclear energy research capabilities 
        accessible to industry engineers and scientists through a 
        public-private partnership.
            ``(3) Crosscutting technology development subprogram.--
                    ``(A) In general.--In carrying out the program 
                under this subsection, the Secretary shall establish a 
                crosscutting technology subprogram, under which the 
                Secretary shall provide assistance for high-priority 
                research and development activities relating to 
                innovative solutions to nuclear energy challenges 
                carried out by--
                            ``(i) institutions of higher education;
                            ``(ii) National Laboratories; and
                            ``(iii) industry entities.
                    ``(B) Requirements.--In carrying out the subprogram 
                established under subparagraph (A), the Secretary 
                shall--
                            ``(i) invest in competitive, nuclear 
                        energy-related infrastructure enhancement 
                        activities carried out at National Laboratories 
                        to ensure researchers have access to state-of-
                        the-art research and development resources;
                            ``(ii) coordinate with other research and 
                        development programs of the Office of Nuclear 
                        Energy to ensure that developed technologies 
                        and capabilities are part of an integrated 
                        investment strategy, the overall focus of which 
                        is improving safety, security, reliability, and 
                        economics of operating nuclear power plants; 
                        and
                            ``(iii) focus on--
                                    ``(I) new capabilities relating to 
                                nuclear energy research and 
                                development;
                                    ``(II) enabling technologies beyond 
                                individual programs;
                                    ``(III) coordinating capabilities 
                                among research and development programs 
                                of the Office of Nuclear Energy;
                                    ``(IV) examining new classes of 
                                materials not considered for nuclear 
                                applications;
                                    ``(V) high-risk research, which 
                                could potentially overcome 
                                technological limitations; and
                                    ``(VI) the potential for industry 
                                partnerships to develop technologies 
                                relating to storage, hydrogen 
                                production, high-temperature process 
                                heat, and other relevant areas.
            ``(4) Nuclear energy advanced modeling and simulation 
        subprogram.--In carrying out the program under this subsection, 
        the Secretary shall establish a nuclear energy advanced 
        modeling and simulation subprogram, under which the Secretary 
        shall develop advanced modeling and simulation tools to support 
        programs carried out by the Office of Nuclear Energy, including 
        multiscale models of physics and chemistry that support 
        advanced computational methods for simulations of nuclear 
        energy systems.
            ``(5) Nuclear science user facilities subprogram.--
                    ``(A) In general.--In carrying out the program 
                under this subsection, the Secretary shall establish a 
                Nuclear Science User Facilities subprogram under which 
                the Secretary shall provide assistance--
                            ``(i) to promote the use of nuclear 
                        research facilities; and
                            ``(ii) to encourage engagement across 
                        institutions of higher education, industry 
                        entities, and National Laboratories relating to 
                        relevant nuclear science research.
                    ``(B) Requirements.--
                            ``(i) In general.--The Secretary shall 
                        provide assistance under this paragraph, and 
                        solicit applications under clause (ii), on an 
                        annual basis.
                            ``(ii) Applications.--To be eligible to 
                        receive assistance under this paragraph for a 
                        fiscal year, an individual or entity conducting 
                        nuclear research shall submit to the Secretary 
                        an application that describes--
                                    ``(I) the research project proposed 
                                to be carried out at a nuclear research 
                                facility;
                                    ``(II) timelines for the proposed 
                                research; and
                                    ``(III) the Nuclear Science User 
                                Facility at which the project is 
                                proposed to be carried out.
                            ``(iii) Use of funds.--Assistance provided 
                        under this paragraph may be used--
                                    ``(I) for experiment support and 
                                laboratory services costs; and
                                    ``(II) only at a Nuclear Science 
                                User Facility.
                    ``(C) Access.--In carrying out the subprogram under 
                this paragraph, the Secretary shall provide to 
                recipients of assistance under the subprogram no-cost 
                access to--
                            ``(i) the advanced test reactor of the 
                        Idaho National Laboratory;
                            ``(ii) post-irradiation examination 
                        facilities at the Materials and Fuels Complex;
                            ``(iii) research reactors at--
                                    ``(I) Oak Ridge National 
                                Laboratory;
                                    ``(II) Massachusetts Institute of 
                                Technology; and
                                    ``(III) North Carolina State 
                                University;
                            ``(iv) beam line capabilities at the 
                        Advanced Photon Source, in coordination with 
                        the Illinois Institute of Technology;
                            ``(v) irradiation experiment design and 
                        fabrication capabilities at Pacific Northwest 
                        National Laboratory;
                            ``(vi) hot cells and fabrication 
                        capabilities at Westinghouse Electric Company; 
                        and
                            ``(vii) examination facilities at--
                                    ``(I) the University of California-
                                Berkeley;
                                    ``(II) the University of Michigan;
                                    ``(III) the University of Nevada-
                                Las Vegas;
                                    ``(IV) Purdue University;
                                    ``(V) the University at Wisconsin; 
                                and
                                    ``(VI) to the maximum extent 
                                practicable, any other facilities 
                                needed to support the Nuclear Science 
                                User Facility.
            ``(6) Nuclear energy traineeships subprogram.--
                    ``(A) Establishment.--In carrying out the program 
                under this subsection, the Secretary shall establish a 
                nuclear energy traineeships subprogram under which the 
                Secretary shall establish competitively awarded 
                traineeships and apprenticeships in industries that are 
                represented by skilled labor unions and with 
                institutions of higher education to provide focused, 
                graduate-level training to meet highly focused needs 
                through a tailored academic graduate program that 
                delivers a curriculum with a rigorous thesis or 
                dissertation research requirement aligned with the 
                critical needs of the Department with respect to 
                mission-driven workforce.
                    ``(B) Requirements.--In carrying out the subprogram 
                under this paragraph, the Secretary shall--
                            ``(i) encourage appropriate partnerships 
                        among National Laboratories, affected 
                        institutions of higher education, and industry; 
                        and
                            ``(ii) on an annual basis, evaluate the 
                        needs of the nuclear energy community to 
                        implement traineeships for focused topical 
                        areas addressing mission-specific workforce 
                        needs.
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        under this subsection $150,000,000 for each of fiscal years 
        2020 through 2029.
    ``(j) Radiological Facilities Management.--
            ``(1) In general.--The Secretary shall carry out a program 
        under which the Secretary shall provide project management, 
        technical support, quality engineering and inspection, and 
        nuclear material support to 25 research reactors located at 24 
        institutions of higher education.
            ``(2) Elements.--The program under this subsection shall 
        include--
                    ``(A) delivery of plate fuel elements as required 
                annually by the recipient research reactors, as 
                determined based on--
                            ``(i) need; and
                            ``(ii) fuel availability;
                    ``(B) delivery of Training, Research, Isotopes, 
                General Atomics (commonly known as `TRIGA') reactor 
                fuel elements from recipient institutions of higher 
                education to used fuel receipt facilities of the 
                Department; and
                    ``(C) funding for required safety upgrades to allow 
                resumption of research reactor fuel fabrication 
                operations at TRIGA International in Romans, France.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        under this subsection $30,000,000 for each of fiscal years 2020 
        through 2029.
    ``(k) International Nuclear Energy Cooperation.--
            ``(1) In general.--The Secretary shall carry out a program 
        under which the Secretary shall develop bilateral collaboration 
        initiatives with a variety of countries through--
                    ``(A) research and development agreements;
                    ``(B) other relevant arrangements and action plan 
                updates; and
                    ``(C) maintaining existing multilateral cooperation 
                commitments of--
                            ``(i) the International Framework for 
                        Nuclear Energy Cooperation; and
                            ``(ii) the International Atomic Energy 
                        Agency.
            ``(2) Treatment.--The program under this subsection shall 
        be considered to be the lead program of the Department with 
        respect to international activities relating to civil nuclear 
        energy, including--
                    ``(A) analysis, development, coordination, and 
                implementation of international civil nuclear energy 
                policy; and
                    ``(B) integration of international nuclear 
                technical activities.
            ``(3) Subprogram.--In carrying out the program under this 
        subsection, the Secretary shall establish a subprogram that 
        shall--
                    ``(A) support diplomatic, nonproliferation, 
                climate, and international economic objectives for the 
                safe, secure, and peaceful use of nuclear technology in 
                countries developing nuclear energy programs; and
                    ``(B) shall be modeled after the International 
                Military Education and Training program of the 
                Department of State.
            ``(4) Requirements.--The program under this subsection 
        shall be carried out--
                    ``(A) to facilitate, to the maximum extent 
                practicable, workshops and expert-based exchanges to 
                engage industry, stakeholders, and foreign governments 
                regarding international civil nuclear issues, such as 
                training, financing, safety, and options for 
                multinational cooperation on used nuclear fuel 
                disposal; and
                    ``(B) in coordination with--
                            ``(i) the National Security Council;
                            ``(ii) the Secretary of State;
                            ``(iii) the Secretary of Commerce; and
                            ``(iv) the Nuclear Regulatory Commission.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out the program 
        under this subsection $10,000,000 for each of fiscal years 2020 
        through 2029, of which $5,500,000 shall be used each fiscal 
        year to carry out the subprogram under paragraph (3).''.
    (b) Cost Sharing.--Section 988(b)(2) of the Energy Policy Act of 
2005 (42 U.S.C. 16352(b)(2)) is amended--
            (1) in the paragraph heading, by striking ``Exclusion'' and 
        inserting ``Exclusions'';
            (2) by striking ``apply to'' and inserting the following: 
        ``apply--
                    ``(A) to'';
            (3) in subparagraph (A) (as so designated), by striking the 
        period at the end and inserting ``; or''; and
            (4) by adding at the end the following:
                    ``(B) to programs under subsections (e) through (k) 
                of section 952.''.
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