[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[House]
[Pages H5305-H5308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1815
ADVANCED NUCLEAR TECHNOLOGY DEVELOPMENT ACT OF 2016
Mr. BURGESS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4979) to foster civilian research and development of
advanced nuclear energy technologies and enhance the licensing and
commercial deployment of such technologies, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4979
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 ``Advanced Nuclear Technology
Development Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nuclear energy generates approximately 20 percent of
the total electricity and approximately 60 percent of the
carbon-free electricity of the United States.
(2) Nuclear power plants operate consistently at a 90
percent capacity factor, and provide consumers and businesses
with reliable and affordable electricity.
(3) Nuclear power plants generate billions of dollars in
national economic activity through nationwide procurements
and provide thousands of Americans with high paying jobs
contributing substantially to the local economies in
communities where they operate.
(4) The United States commercial nuclear industry must
continue to lead the international civilian nuclear
marketplace, because it is one of our most powerful national
security tools, guaranteeing the safe, secure, and
exclusively peaceful use of nuclear energy.
(5) Maintaining the Nation's nuclear fleet of commercial
light water reactors and expanding the use of new advanced
reactor designs would support continued production of
reliable baseload electricity and maintain United States
global leadership in nuclear power.
(6) Nuclear fusion technology also has the potential to
generate electricity with significantly increased safety
performance and no radioactive waste.
[[Page H5306]]
(7) The development of advanced reactor designs would
benefit from a performance-based, risk-informed, efficient,
and cost-effective regulatory framework with defined
milestones and the opportunity for applicants to demonstrate
progress through Nuclear Regulatory Commission approval.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' means--
(A) a nuclear fission reactor with significant improvements
over the most recent generation of nuclear fission reactors,
which may include inherent safety features, lower waste
yields, greater fuel utilization, superior reliability,
resistance to proliferation, and increased thermal
efficiency; or
(B) a nuclear fusion reactor.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Licensing.--The term ``licensing'' means NRC activities
related to reviewing applications for licenses, permits, and
design certifications, and requests for any other regulatory
approval for nuclear reactors within the responsibilities of
the NRC under the Atomic Energy Act of 1954.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) NRC.--The term ``NRC'' means the Nuclear Regulatory
Commission.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. AGENCY COORDINATION.
The NRC and the Department shall enter into the a
memorandum of understanding regarding the following topics:
(1) Technical expertise.--Ensuring that the Department has
sufficient technical expertise to support the civilian
nuclear industry's timely research, development,
demonstration, and commercial application of safe, innovative
advanced reactor technology and the NRC has sufficient
technical expertise to support the evaluation of applications
for licenses, permits, and design certifications, and other
requests for regulatory approval for advanced reactors.
(2) Modeling and simulation.--The use of computers and
software codes to calculate the behavior and performance of
advanced reactors based on mathematical models of their
physical behavior.
(3) Facilities.--Ensuring that the Department maintains and
develops the facilities to enable the civilian nuclear
industry's timely research, development, demonstration, and
commercial application of safe, innovative reactor technology
and ensuring that the NRC has access to such facilities, as
needed.
SEC. 5. REPORTING TO CONGRESS.
(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 Commerce and the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Environment and Public Works and the Committee Energy and
Natural Resources of the Senate a report assessing the
capabilities of the Department to authorize, host, and
oversee privately proposed and funded experimental reactors.
(b) Contents.--Such report shall address--
(1) the safety review and oversight capabilities of the
Department, including options to leverage expertise from the
NRC and the National Laboratories;
(2) options to regulate Department hosted, privately
proposed and funded experimental reactors;
(3) potential sites capable of hosting the activities
described in subsection (a);
(4) 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;
(5) the Federal Government's liability with respect to the
disposal of low-level radioactive waste, spent nuclear fuel,
or high-level radioactive waste, as defined by section 2 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101);
(6) the impact on the Nation's aggregate inventory of low-
level radioactive waste, spent nuclear fuel, or high-level
radioactive waste;
(7) potential cost structures relating to physical
security, decommissioning, liability, and other long-term
project costs; and
(8) other challenges or considerations identified by the
Secretary.
(c) Updates.--The Secretary shall update relevant
provisions of the report submitted under subsection (a) every
2 years and submit that update to the Committee on Energy and
Commerce and the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on
Environment and Public Works and the Committee Energy and
Natural Resources of the Senate.
SEC. 6. ADVANCED REACTOR REGULATORY FRAMEWORK.
(a) Plan Required.--Not later than 1 year after the date of
enactment of this Act, the NRC shall transmit to the
Committee on Energy and Commerce and the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a plan for developing an efficient, risk-
informed, technology-neutral framework for advanced reactor
licensing. The plan shall evaluate the following subjects,
consistent with the NRC's role in protecting public health
and safety and common defense and security:
(1) The unique aspects of advanced reactor licensing and
any associated legal, regulatory, and policy issues the NRC
will need to address to develop a framework for licensing
advanced reactors.
(2) Options for licensing advanced reactors under existing
NRC regulations in title 10 of the Code of Federal
Regulations, a proposed new regulatory framework, or a
combination of these approaches.
(3) Options to expedite and streamline the licensing of
advanced reactors, including opportunities to minimize the
time from application submittal to final NRC licensing
decision and minimize the delays that may result from any
necessary amendments or supplements to applications.
(4) Options to expand the incorporation of consensus-based
codes and standards into the advanced reactor regulatory
framework to minimize time to completion and provide
flexibility in implementation.
(5) Options to make the advanced reactor licensing
framework more predictable. This evaluation should consider
opportunities to improve the process by which application
review milestones are established and maintained.
(6) Options to allow applicants to use phased review
processes under which the NRC issues approvals that do not
require the NRC to re-review previously approved information.
This evaluation shall consider the NRC's ability to review
and conditionally approve partial applications, early design
information, and submittals that contain design criteria and
processes to be used to develop information to support a
later phase of the design review.
(7) The extent to which NRC action or modification of
policy is needed to implement any part of the plan required
by this subsection.
(8) The role of licensing advanced reactors within NRC
long-term strategic resource planning, staffing, and funding
levels.
(9) Options to provide cost-sharing financial structures
for license applicants in a phased licensing process.
(b) Coordination and Stakeholder Input Required.--In
developing the plan required by subsection (a), the NRC shall
seek input from the Department, the nuclear industry, and
other public stakeholders.
(c) Cost and Schedule Estimate.--The plan required by
subsection (a) shall include proposed cost estimates,
budgets, and specific milestones for implementing the
advanced reactor regulatory framework by September 30, 2019.
(d) Design Certification Status.--In the NRC's first budget
request after the acceptance of any design certification
application for an advanced nuclear reactor, and annually
thereafter, the NRC shall provide the status of performance
metrics and milestone schedules. The budget request shall
include a plan to correct or recover from any milestone
schedule delays, including delays because of NRC's inability
to commit resources for its review of the design
certification applications.
SEC. 7. USER FEES AND ANNUAL CHARGES.
Section 6101(c)(2)(A) of the Omnibus Budget Reconciliation
Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting ``; and''; and
(3) by adding at the end the following:
``(v) for fiscal years ending before October 1, 2020,
amounts appropriated to the Commission for activities related
to the development of regulatory infrastructure for advanced
nuclear reactor technologies.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Burgess) and the gentleman from New York (Mr. Tonko) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. BURGESS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous materials into the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. BURGESS. Mr. Speaker, I yield such time as he may consume to the
gentleman from Ohio (Mr. Latta).
Mr. LATTA. Mr. Speaker, I thank the gentleman for yielding.
I rise today in support of H.R. 4979, the Advanced Nuclear Technology
Development Act of 2016, which I introduced with Congressman McNerney
earlier this year. We are very excited the bill received unanimous
support of the full Energy and Commerce Committee.
The next generation of the nuclear industry needs to start now, with
Congress ensuring that the Nuclear Regulatory Commission is able to
provide
[[Page H5307]]
the certainty that the private sector needs to invest in innovative
technologies. Nuclear power is currently 20 percent of our national
energy portfolio, and it must remain a vital part of our energy mix. As
the United States looks to the future, more energy will be needed, and
nuclear power provides a reliable, clean baseload power option,
currently providing approximately 63 percent of total carbon-free
energy.
It is imperative that we develop the right regulatory framework so
advanced nuclear technologies can be developed, licensed, and
constructed here in the United States. If we miss the opportunity to
establish a safe, predictable regulatory framework for these
technologies, private innovators and entrepreneurs will take their
investment and scientists to our competitors in the global market.
H.R. 4979 requires that NRC establish a regulatory framework for
issuing licenses for advanced nuclear reactor technology and also
requires that NRC submit a schedule for implementation of the framework
by 2019. Safety in nuclear is the number one goal, and this regulatory
framework ensures that NRC has the opportunity to develop a framework
to safely regulate the future technologies of the nuclear industry.
H.R. 4979 also requires that the Department of Energy and the NRC
collaborate in developing new nuclear technology. DOE and its National
Laboratories provide opportunities to test new private sector nuclear
technologies. This bill would direct DOE to look at options for public-
private partnerships between the DOE and the private sector companies
interested in investing in the future of nuclear. There is also a role
for NRC in this space because these testing opportunities may allow for
demonstration of technologies that NRC has not commercially licensed
for over the last 40 years.
Investment in new technologies is already happening, with
approximately 50 companies in this country investing over $1 billion to
develop the next generation of nuclear power. That is why we introduced
H.R. 4979. It is time for Congress to ensure that NRC provides a
framework so that innovators and investors can prepare to apply for
licensing technologies. Passing this legislation is key to ensure that
the United States remains a leader in the nuclear industry, which is
vital for both our electricity mix and our national security.
I want to thank all of the cosponsors of this bill, as well as
Chairman Upton and Congressman McNerney and all of the staff and
stakeholders for their work on this important legislation.
I urge full support from my colleagues for H.R. 4979.
Mr. TONKO. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 4979, the Advanced Nuclear Technology
Development Act of 2016, introduced by our colleagues Mr. Latta of Ohio
and Mr. McNerney of California. As subcommittee ranker of Environment
and the Economy that reports to the standing committee of Energy and
Commerce, I am proud to support this legislation.
H.R. 4979 would require the Department of Energy and the Nuclear
Regulatory Commission to enter into a memorandum of understanding to
ensure technical expertise is maintained to assist in the development
of advanced nuclear technology. The legislation would also require the
NRC to establish a framework for issuing licenses for advanced reactor
technology.
Nuclear technology has been largely unchanged for decades. Having our
experts coordinate is the best way to support the private sector's
development of new technology that may advance the industry in terms of
waste, in terms of efficiency, and in terms of safety.
Regardless of Members' position on nuclear energy, I believe there is
unanimous agreement that there is no compromising when it comes to
safety. We need high standards for safety, and I believe and hope that
the enhanced cooperation between DOE and NRC required by this bill will
help put safety front and center for the development of advanced
nuclear technology.
I congratulate Mr. Latta and Mr. McNerney for their work on this
bill.
I reserve the balance of my time.
Mr. BURGESS. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. Smith), the chairman of the Science, Space,
and Technology Committee.
Mr. SMITH of Texas. Mr. Speaker, first of all, let me thank my friend
and colleague from Texas, Chairman Burgess, for yielding me time.
H.R. 4979, the Advanced Nuclear Technology Development Act of 2016,
gives direction to cooperative civilian nuclear energy R&D and provides
regulatory changes to advance commercial innovation in the American
nuclear power industry.
I thank the chairman of the committee on Energy and Commerce, my good
friend, Fred Upton, for his leadership and for working with me on this
shared legislation.
I am encouraged by the strong bipartisan support that has emerged for
nuclear energy innovation, beginning with the Science, Space, and
Technology Committee's House-passed Nuclear Energy Innovation
Capabilities Act, H.R. 4084. That bill is part of both the energy
policy and NDAA conferences going on right now.
H.R. 4084, sponsored by the Science, Space, and Technology
Subcommittee on Energy Chairman Randy Weber and the Committee on
Science, Space, and Technology Ranking Member Eddie Bernice Johnson,
already has passed the House this Congress with strong bipartisan
support. The reinforcing legislation we consider today continues this
bipartisan work. I thank the sponsors of today's bill, Representatives
Bob Latta and Jerry McNerney, for their initiative on this issue.
Advanced nuclear energy technology provides an opportunity to make
reliable, emission-free electricity available throughout the modern and
developing world. The Science, Space, and Technology Committee has held
many hearings and worked steadily on nuclear innovation since December
2014.
I thank Chairman Upton, in particular, for being willing to
incorporate important provisions in today's bill that were developed by
the Science, Space, and Technology Committee through our continued work
on nuclear R&D in our jurisdiction. I also appreciate Chairman Upton's
acceptance of language to ensure that the Department of Energy focuses
on research and development that enables private sector
commercialization efforts.
Nuclear power has been a proven source of safe and emission-free
electricity for over half a century. America's strategic investments in
advanced nuclear reactor technology can help create economic growth
here and an improved quality of life around the globe.
Unfortunately, government red tape has stalled the ability to move
innovative technology to the market. This legislation requires the
Nuclear Regulatory Commission to provide a plan for developing a more
efficient way to regulate new nuclear technology.
In July 2015, the chairman of the Nuclear Regulatory Commission
testified before the Science, Space, and Technology Committee on this
very issue. Congress must take action to ensure that the NRC reviews,
assists, and approves advanced reactor technologies. If not, the United
States will be forced to import nuclear technologies from overseas.
America must lead the world in nuclear technology for our energy
security and national security.
I thank the sponsors for their work on this bill, and I encourage my
colleagues to support it.
Mr. TONKO. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. McNerney), a friend, colleague, and
fellow engineer on the Energy and Commerce Committee.
Mr. McNERNEY. Mr. Speaker, I thank the ranking member for that
introduction. I also want to thank Mr. Latta for his work on this. He
moved forward and asked me to participate. I thought it was a good
plan, so I did.
As our country works to mitigate the effects of climate change and
prepare for the energy challenges of the future, we must now move to
develop low- and zero-carbon energy sources. This means making
investments into R&D, training the scientists, engineers, and
mathematicians of tomorrow, and ensuring there is an appropriate
regulatory and investment framework that will foster growth as new
technologies become commercially viable.
[[Page H5308]]
Nuclear energy has been a reliable source of energy, producing a
significant amount of our Nation's energy supply, and it will likely do
so into the future. But building plants and developing new technologies
takes time, and we need to take steps to ensure the regulatory tools,
including safety and reliability, are in place to meet potential
increases in nuclear power capacity.
H.R. 4979 is a commonsense approach that provides a pathway for the
Nuclear Regulatory Commission to establish the proper regulatory
framework to facilitate, verify, and permit advanced reactor
technologies. This bill also fosters increased collaborations between
the NRC and the National Laboratories to provide opportunities to test
new nuclear energy technologies and bolster public-private
partnerships.
The provisions in this bill are aligned with the NRC's fiscal year
2017 budget request.
As we move forward toward a low-carbon sustainable energy economy,
nuclear energy has the potential to play an instrumental role in
meeting both State and national goals. Our current nuclear reactors use
light water reactor technology, but there are advances that move toward
completely different technology, including small modular reactors that
can increase efficiency and safety while reducing the permitting and
construction requirements that have hampered the development of new
nuclear plants in recent years.
The bill passed unanimously out of the Energy and Commerce Committee
and has support from nearly a dozen organizations, and I urge its
passage.
Mr. BURGESS. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Carter).
Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I rise today in support of H.R. 4979, the Advanced
Nuclear Technology Development Act of 2016, to talk about what it means
for our Nation's energy infrastructure needs.
Energy independence is a critical goal for the United States as the
sources of energy available in this country grow and become safer. It
has been proven that nuclear energy is an extremely safe and viable
option with the only new nuclear plant in 30 years being built just up
the river from my district. There has been a considerable amount of
research and development that has gone in to nuclear energy, and it
accounts for 60 percent of the clean energy produced in the United
States.
Under this bill, those hurdles to design and development will be
lowered to ensure that the option to produce clean, viable energy that
is stable and sustainable remains a possibility.
Growing a closer partnership between the Department of Energy and the
Nuclear Regulatory Commission will help to chart an energy-independent
path for our Nation as we seek new possibilities and alternatives to
power our way to a better future. This legislation will knock down
those walls to innovation and will provide an opportunity to develop
advanced reactor designs that could be vital to our energy
infrastructure.
I applaud my good friend, Mr. Latta, for his work on this issue and
the work of the Energy and Commerce Committee to address these reforms
to the nuclear energy field and energy independence.
I urge passage of this important legislation.
{time} 1830
Mr. TONKO. Mr. Speaker, I will just again reinforce what I think is a
strong benefit here: bringing into the industry the efforts for
resourcefulness, for efficiency, and for safety, all very key elements
to this sector of the energy economy. The bill bears great benefits for
the consumers of this country. I strongly support this measure.
Mr. Speaker, I yield back the balance of my time.
Mr. BURGESS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I look forward to the passage of this bill and the
future of our nuclear technology industry. I urge an ``aye'' vote.
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, September 8, 2016.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 4979, the
``Advanced Nuclear Technology Development Act of 2016,''
which your Committee ordered reported on May 18, 2016.
H.R. 4979 contains provisions within the Committee on
Science, Space, and Technology's Rule X jurisdiction. As a
result of your having consulted with the Committee and in
order to expedite this bill for floor consideration, the
Committee on Science, Space, and Technology will forego
action on the bill. This is being done on the basis of our
mutual understanding that doing so will in no way diminish or
alter the jurisdiction of the Committee on Science, Space,
and Technology with respect to the appointment of conferees,
or to any future jurisdictional claim over the subject
matters contained in the bill or similar legislation.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Congressional Record
during the floor consideration of this bill. Thank you in
advance for your cooperation.
Sincerely,
Lamar Smith,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, September 8, 2016.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Chairman Smith: Thank you for your letter concerning
H.R. 4979, the ``Advanced Nuclear Technology Development Act
of 2016.''
As you noted, H.R. 4979 contains provisions within the
Committee on Science, Space, and Technology's Rule X
jurisdiction. I appreciate your willingness to forgo action
on the bill in order to expedite this bill for floor
consideration, and I agree that doing so will in no way
diminish or alter the jurisdiction of the Committee on
Science, Space, and Technology with respect to the
appointment of conferees, or to any future jurisdictional
claim over the subject matters contained in the bill or
similar legislation.
I will include a copy of your letter and this response in
the Congressional Record during the floor consideration of
this bill.
Sincerely,
Fred Upton,
Chairman.
Mr. BURGESS. Mr. Speaker, I yield back the balance of my time.
Mr. CARTER of Georgia. Mr Speaker, I rise today in support of H.R.
4979, the Advanced Nuclear Technology Development Act, and to talk
about what it means for our nation's energy infrastructure needs.
Energy independence is a critical goal for the United States as the
sources of energy available in this country grow and become safer.
It's been proven that nuclear energy is an extremely safe and viable
option with the only new nuclear plant in 30 years being built just up
the river from my district.
There has been a considerable amount of research and development that
has gone in to the nuclear energy and it accounts for 60 percent of the
clean energy produced in the United States.
Under this bill, those hurdles to design and development will be
lowered to ensure that the option to produce clean, viable energy that
is stable and sustainable remains a possibility.
Growing a closer partnership between the Department of Energy and the
Nuclear Regulatory Commission will help to chart an energy independence
path for our nation as we seek new possibilities and alternatives to
power our way to a better future.
This legislation will knock down those walls to innovation and will
provide an opportunity to develop advanced reactor designs that could
be vital to our energy infrastructure.
I applaud my good friend Mr. Latta for his work on this issue and the
work of the Energy and Commerce Committee to address these reforms to
the nuclear energy field and energy independence and I urge passage of
this important legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Burgess) that the House suspend the rules and
pass the bill, H.R. 4979, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________