[Congressional Record Volume 162, Number 16 (Wednesday, January 27, 2016)]
[Senate]
[Pages S279-S281]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3021. Mr. CRAPO (for himself, Mr. Whitehouse, Mr. Risch, Mr.
Booker, Mr. Hatch, Mr. Kirk, and Mr. Durbin) submitted an amendment
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski
to the bill S. 2012, to provide for the modernization of the energy
policy of the United States, and for other purposes; as follows:
Strike section 3501 and insert the following:
SEC. 3501. NUCLEAR ENERGY INNOVATION CAPABILITIES.
(a) Definitions.--In this section:
(1) Advanced fission reactor.--The term ``advanced fission
reactor'' means a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
reactors, including improvements such as--
(A) inherent safety features;
(B) lower waste yields;
(C) greater fuel utilization;
(D) superior reliability;
(E) resistance to proliferation;
(F) increased thermal efficiency; and
(G) ability to integrate into electric and nonelectric
applications.
(2) Fast neutron.--The term ``fast neutron'' means a
neutron with kinetic energy above 100 kiloelectron volts.
(3) National laboratory.--
(A) In general.--Except as provided in subparagraph (B),
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).
(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.
(4) Neutron flux.--The term ``neutron flux'' means the
intensity of neutron radiation measured as a rate of flow of
neutrons applied over an area.
(5) Neutron source.--The term ``neutron source'' means a
research machine that provides neutron irradiation services
for--
(A) research on materials sciences and nuclear physics; and
(B) testing of advanced materials, nuclear fuels, and other
related components for reactor systems.
(b) Mission.--Section 951 of the Energy Policy Act of 2005
(42 U.S.C. 16271) is amended by striking subsection (a) and
inserting the following:
``(a) In General.--The Secretary shall conduct programs of
civilian nuclear research, development, demonstration, and
commercial application, including activities described in
this subtitle, that take into consideration the following
objectives:
``(1) Providing research infrastructure--
``(A) to promote scientific progress; and
``(B) to enable users from academia, the National
Laboratories, and the private sector to make scientific
discoveries relevant for nuclear, chemical, and materials
science engineering.
``(2) Maintaining nuclear energy research and development
programs at the National Laboratories and institutions of
higher education, including programs of infrastructure of
National Laboratories and institutions of higher education.
``(3) Providing the technical means to reduce the
likelihood of nuclear weapons proliferation.
``(4) Ensuring public safety.
``(5) Reducing the environmental impact of nuclear energy-
related activities.
``(6) Supporting technology transfer from the National
Laboratories to the private sector.
``(7) 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 this subsection.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) nuclear energy, through fission or fusion, represents
the highest energy density of any known attainable source and
yields low air emissions;
(2) nuclear energy is of national importance to scientific
progress, national security, electricity generation, heat
generation
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for industrial applications, and space exploration; and
(3) considering the inherent complexity and regulatory
burden associated with nuclear energy, the Department should
focus civilian nuclear research and development activities of
the Department on programs that enable the private sector,
National Laboratories, and institutions of higher education
to carry out experiments to promote scientific progress and
enhance practical knowledge of nuclear engineering.
(d) High-performance Computation and Supportive Research.--
(1) Modeling and simulation program.--
(A) In general.--The Secretary shall carry out a program to
enhance the capabilities of the United States to develop new
reactor technologies and related systems technologies through
high-performance computation modeling and simulation
techniques (referred to in this paragraph as the
``program'').
(B) Coordination required.--In carrying out the program,
the Secretary shall coordinate with relevant Federal agencies
through the National Strategic Computing Initiative
established by Executive Order 13702 (80 Fed. Reg. 46177)
(July 29, 2015).
(C) Objectives.--In carrying out the program, the Secretary
shall take into consideration the following objectives:
(i) Using expertise from the private sector, institutions
of higher education, and National Laboratories to develop
computational software and capabilities that prospective
users may access to accelerate research and development of
advanced fission reactor systems, nuclear fusion systems, and
reactor systems for space exploration.
(ii) Developing computational tools to simulate and predict
nuclear phenomena that may be validated through physical
experimentation.
(iii) Increasing the utility of the research infrastructure
of the Department by coordinating with the Advanced
Scientific Computing Research program of the Office of
Science.
(iv) Leveraging experience from the Energy Innovation Hub
for Modeling and Simulation.
(v) Ensuring that new experimental and computational tools
are accessible to relevant research communities, including
private companies engaged in nuclear energy technology
development.
(2) Supportive research activities.--The Secretary shall
consider support for additional research activities to
maximize the utility of the research facilities of the
Department, including research--
(A) on physical processes to simulate degradation of
materials and behavior of fuel forms; and
(B) for validation of computational tools.
(e) Versatile Neutron Source.--
(1) Determination of mission need.--
(A) In general.--Not later than December 31, 2016, the
Secretary shall determine the mission need for a versatile
reactor-based fast neutron source, which shall operate as a
national user facility (referred to in this subsection as the
``user facility'').
(B) Consultation 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 will meet the research needs of the largest possible
majority of prospective users.
(2) Plan for establishment.--On the determination of the
mission need under paragraph (1), the Secretary, as
expeditiously as practicable, 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 a detailed plan for the establishment of the
user facility (referred to in this section as the ``plan'').
(3) Deadline for establishment.--The Secretary shall make
every effort to complete construction of, and approve the
start of operations for, the user facility by December 31,
2025.
(4) Facility requirements.--
(A) Capabilities.--The Secretary shall ensure that the user
facility shall provide, at a minimum--
(i) fast neutron spectrum irradiation capability; and
(ii) capacity for upgrades to accommodate new or expanded
research needs.
(B) Considerations.--In carrying out the plan, the
Secretary shall consider--
(i) capabilities that support experimental high-temperature
testing;
(ii) providing a source of fast neutrons--
(I) at a neutron flux that is higher than the neutron flux
at which research facilities operate before establishment of
the user facility; and
(II) 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; and
(vi) additional pre-irradiation and post-irradiation
examination capabilities.
(5) Coordination.--In carrying out this subsection, the
Secretary shall leverage the best practices of the Office of
Science for the management, construction, and operation of
national user facilities.
(6) Report.--The Secretary shall include in the annual
budget request of the Department an explanation for any delay
in carrying out this subsection.
(f) Enabling Nuclear Energy Innovation.--
(1) Establishment of national nuclear innovation center.--
The Secretary may enter into a memorandum of understanding
with the Chairman of the Nuclear Regulatory Commission to
establish a center to be known as the ``National Nuclear
Innovation Center'' (referred to in this subsection as the
``Center'')--
(A) to enable the testing and demonstration of reactor
concepts to be proposed and funded, in whole or in part, by
the private sector;
(B) to establish and operate a database to store and share
data and knowledge on nuclear science between Federal
agencies and private industry; and
(C) to establish capabilities to develop and test reactor
electric and nonelectric integration and energy conversion
systems.
(2) Role of nrc.--In operating the Center, the Secretary
shall--
(A) consult with the Nuclear Regulatory Commission on
safety issues; and
(B) permit staff of the Nuclear Regulatory Commission to
actively observe and learn about the technology being
developed at the Center.
(3) Objectives.--A reactor developed under paragraph (1)(A)
shall have the following objectives:
(A) Enabling physical validation of fusion and advanced
fission experimental reactors at the National Laboratories or
other facilities of the Department.
(B) Resolving technical uncertainty and increase practical
knowledge relevant to safety, resilience, security, and
functionality of novel reactor concepts.
(C) Conducting general research and development to improve
novel reactor technologies.
(4) Use of technical expertise.--In operating the Center,
the Secretary shall leverage the technical expertise of
relevant Federal agencies and National Laboratories--
(A) to minimize the time required to carry out paragraph
(3); and
(B) to ensure reasonable safety for individuals working at
the National Laboratories or other facilities of the
Department to carry out that paragraph.
(5) Reporting requirement.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the National Laboratories, relevant Federal agencies, and
other stakeholders, shall submit to the Committee on Energy
and Natural Resources and the Committee on Environment and
Public Works of the Senate and the Committee on Science,
Space, and Technology and the Committee on Energy and
Commerce of the House of Representatives a report assessing
the capabilities of the Department to authorize, host, and
oversee privately proposed and funded reactors (as described
in paragraph (1)(A)).
(B) Contents.--The report shall address--
(i) the safety review and oversight capabilities of the
Department, including options to leverage expertise from the
Nuclear Regulatory Commission and the National Laboratories;
(ii) potential sites capable of hosting the activities
described in paragraph (1);
(iii) the efficacy of the available contractual mechanisms
of the Department to partner with the private sector and
other Federal agencies, including cooperative research and
development agreements, strategic partnership projects, and
agreements for commercializing technology;
(iv) how the Federal Government and the private sector will
address potential intellectual property concerns;
(v) potential cost structures relating to physical
security, decommissioning, liability, and other long term
project costs; and
(vi) other challenges or considerations identified by the
Secretary.
(g) Budget Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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 3 alternative 10-year budget plans for
civilian nuclear energy research and development by the
Department in accordance with paragraph (2).
(2) Description of plans.--
(A) In general.--The 3 alternative 10-year budget plans
submitted under paragraph (1) shall be the following:
(i) A plan that assumes constant annual funding at the
level of appropriations for fiscal year 2016 for the civilian
nuclear energy research and development of the Department,
particularly for programs critical to advanced nuclear
projects and development.
(ii) A plan that assumes 2 percent annual increases to the
level of appropriations described in clause (i).
(iii) A plan that uses an unconstrained budget.
(B) Inclusions.--Each plan shall include--
(i) a prioritized list of the programs, projects, and
activities of the Department that best support the
development, licensing, and deployment of advanced nuclear
energy technologies;
(ii) realistic budget requirements for the Department to
carry out subsections (d), (e), and (f); and
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(iii) the justification of the Department for continuing or
terminating existing civilian nuclear energy research and
development programs.
(h) Nuclear Regulatory Commission Report.--Not later than
December 31, 2016, the Chairman of the Nuclear Regulatory
Commission shall submit to the Committee on Energy and
Natural Resources and the Committee on Environment and Public
Works of the Senate and the Committee on Science, Space, and
Technology and the Committee on Energy and Commerce of the
House of Representatives a report describing--
(1) the extent to which the Nuclear Regulatory Commission
is capable of licensing advanced reactor designs that are
developed pursuant to this section by the end of the 4-year
period beginning on the date on which an application is
received under part 50 or 52 of title 10, Code of Federal
Regulations (or successor regulations); and
(2) any organizational or institutional barriers the
Nuclear Regulatory Commission will need to overcome to be
able to license the advanced reactor designs that are
developed pursuant to this section by the end of the 4-year
period described in paragraph (1).
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