[Congressional Record Volume 163, Number 12 (Monday, January 23, 2017)]
[House]
[Pages H569-H571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          ADVANCED NUCLEAR TECHNOLOGY DEVELOPMENT ACT OF 2017

  Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 590) to foster civilian research and development of advanced 
nuclear energy technologies and enhance the licensing and commercial 
deployment of such technologies.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 H.R. 590

       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 2017''.

     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.

[[Page H570]]

       (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.
       (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. 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 Congress 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. 6. 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 
Michigan (Mr. Upton) and the gentlewoman from Colorado (Ms. DeGette) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. UPTON. 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 in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 590, the Advanced 
Nuclear Technology Development Act of 2017.
  This is a bipartisan bill. It passed in the last Congress as well. It 
was cosponsored and led by Congressmen Latta and McNerney. And it will 
help American innovators and entrepreneurs develop and license advanced 
nuclear technologies. The U.S. will require reliable, baseload, and 
affordable energy in decades to come, and nuclear power has to remain 
an integral part of our electricity generation portfolio.
  Unfortunately, an outdated and rigid regulatory regime will stifle 
new nuclear technology development. This bill will help modernize the 
regulatory framework for the 21st century to be adaptive, technology 
inclusive, and certainly predictable.
  Advanced nuclear technologies may provide breakthroughs in safety and 
efficiency over the existing fleet of nuclear power plants. Absent the 
proper regulatory framework, our nuclear scientists and industry will 
look to other parts of the world to construct game-changing nuclear 
technologies. So the U.S. has to remain a global leader to create and 
maintain highly-paying and highly-skilled jobs right here at home.
  This bill is a step towards ensuring that the NRC has the necessary 
expertise and the resources to be able to review and license new 
technologies and reactor designs, while appropriately collaborating 
with the Department of Energy's nuclear energy research programs and 
the private sector. With the Federal Government, national labs, 
universities, and private industry all working together towards a 
common goal, the future of nuclear industry energy is certainly bright.
  In the last Congress, as I mentioned at the beginning, this 
legislation passed unanimously out of the Energy and Commerce Committee 
and passed the House by a voice vote. I am pleased to support this 
legislation again, as part of our efforts to address burdensome regs 
that stifle economic growth and new technologies. I urge all of my 
colleagues to support it.
  I reserve the balance of my time.


[[Page H571]]


         House of Representatives, Committee on Science, Space, 
           and Technology,
                                 Washington, DC, January 23, 2017.
     Hon. Greg Walden,
     Chairman, Committee on Energy and Commerce, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing concerning H.R. 590, the 
     ``Advanced Nuclear Technology Development Act of 2017,'' 
     which was introduced on January 20, 2017.
       H.R. 590 contains provisions within the Committee on 
     Science, Space, and Technology's Rule X jurisdiction. 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, January 23, 2017.
     Hon. Lamar Smith,
     Chairman, Committee on Science, Space, and Technology, 
         Washington, DC.
       Dear Chairman Smith: Thank you for your letter concerning 
     H.R. 590, Advanced Nuclear Technology Development Act of 
     2017.
       As you noted, H.R. 590 contains provisions within the 
     Committee on Science, Space, and Technology's Rule X 
     jurisdiction. I appreciate your willingness to forego action 
     on the bill in order to expedite this bill for floor 
     consideration. 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 place a copy of your letter and this response into 
     the Congressional Record during the Floor consideration of 
     this bill.
           Sincerely,
                                                      Greg Walden,
                                                         Chairman.

  Ms. DeGETTE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 590, the Advanced 
Nuclear Technology Development Act of 2017, introduced by 
Representatives Latta and McNerney.
  This bill would enhance coordination between the Nuclear Regulatory 
Commission and the Department of Energy by requiring them to enter into 
a memorandum of understanding on issues related to advanced nuclear 
reactor technology.
  This is a worthy goal, as the chairman said, and is a commonsense way 
for the Federal Government to support the advanced nuclear power 
industry. Advanced nuclear technologies have the potential to generate 
power more safely and with less nuclear waste, which is why I believe 
the Federal Government should be supporting advancements in nuclear 
technology.
  The bill also requires NRC to develop an advanced reactor regulatory 
framework to evaluate options to expedite advanced reactor licensing 
and to make it more predictable. NRC would have 1 year from the date of 
enactment to submit this plan to Congress. In developing the plan, NRC 
must also seek input from interested stakeholders, which I believe to 
be a crucial part of this process.
  Nuclear energy must play a continued role in our country's clean 
energy future to enable us to reach our goals set forth in the Paris 
climate agreement. I believe the Advanced Nuclear Technology 
Development Act will enable the Federal Government to more efficiently 
evaluate and support these promising nuclear technologies, which can 
put us on a path towards greater reductions in carbon emissions.
  I commend both Representatives Latta and McNerney for introducing 
this important legislation, and I urge my colleagues to support it.
  Mr. Speaker, I don't believe we have any further speakers on this, so 
I yield back the balance of my time.
  Mr. UPTON. 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. 590, the Advanced 
Nuclear Technology Development Act of 2017.
  This bill would require the Department of Energy and the Nuclear 
Regulatory Commission to work together to further the development of 
advanced nuclear technology. By directing the Department of Energy and 
the Nuclear Regulatory Commission to enter into a memorandum of 
understanding, this bill will reduce bureaucratic barriers to advanced 
nuclear technology research and development.
  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. Energy independence is critical to 
both our national security and to the continued growth of our economy.
  There has been a considerable amount of research and development that 
has gone into nuclear energy, and it accounts for 60 percent of the 
clean energy produced in the United States. 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 leadership on this 
issue, and the Energy and Commerce Committee for their work on this 
bill.
  I urge my colleagues to support this bill.
  Mr. UPTON. Mr. Speaker, I urge my colleagues to again support this 
legislating on a bipartisan basis, and I thank all of my colleagues for 
speaking in support of it.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Upton) that the House suspend the rules 
and pass the bill, H.R. 590.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________