[Congressional Record Volume 164, Number 40 (Wednesday, March 7, 2018)]
[Senate]
[Pages S1419-S1423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           NUCLEAR ENERGY INNOVATION CAPABILITIES ACT OF 2017

  Mr. WHITEHOUSE. Mr. President, I am here for the happy task of moving 
a piece of bipartisan legislation that has been cleared on both sides 
of the aisle. I am particularly pleased to be doing it in front of the 
Presiding Officer because the Presiding Officer and I and Senator 
Heitkamp and others worked so hard on the Carbon Capture Utilization 
and Storage Act, which provides a means of encouraging carbon capture 
technologies to develop. This is a related bill that I joined with 
Senator Crapo on to advance. Senator Crapo has been our lead on this 
bill. The bill will encourage innovation in the nuclear industry. So it 
is a great pleasure for me to be here, and I am very honored that my 
distinguished colleague Senator Crapo has joined me on the floor.
  Mr. President, I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 153, S. 97.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 97) to enable civilian research and development 
     of advanced nuclear energy technologies by private and public 
     institutions, to expand theoretical and practical knowledge 
     of nuclear physics, chemistry, and materials science, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. CRAPO. Mr. President, I ask unanimous consent that the Crapo 
amendment at the desk be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2104) was agreed to, as follows

(Purpose: To modify provisions relating to the advanced nuclear energy 
                  licensing cost-share grant program)

       On page 20, line 3, insert ``in accordance with section 988 
     of the Energy Policy Act of 2005 (42 U.S.C. 16352)'' before 
     the period at the end.
       On page 20, strike lines 15 through 17.

  Mr. CRAPO. Mr. President, I ask unanimous consent that the bill, as 
amended, be considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. CRAPO. Mr. President, I know of no further debate on the bill.
  The PRESIDING OFFICER. Is there any further debate on the bill?
  Hearing none, the bill having been read the third time, the question 
is, Shall the bill pass?
  The bill (S. 97), as amended, was passed, as follows:

                                 S. 97

       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 Innovation 
     Capabilities Act of 2017''.

     SEC. 2. NUCLEAR ENERGY INNOVATION CAPABILITIES.

       (a) Nuclear Energy.--Section 951 of the Energy Policy Act 
     of 2005 (42 U.S.C. 16271) is amended to read as follows:

     ``SEC. 951. NUCLEAR ENERGY.

       ``(a) Mission.--
       ``(1) In general.--The Secretary shall carry out programs 
     of civilian nuclear research, development, demonstration, and 
     commercial application, including activities under this 
     subtitle.
       ``(2) Considerations.--The programs carried out under 
     paragraph (1) shall take into consideration the following 
     objectives:
       ``(A) Providing research infrastructure to promote 
     scientific progress and enable users from academia, the 
     National Laboratories, and the private sector to make 
     scientific discoveries relevant for nuclear, chemical, and 
     materials science engineering.
       ``(B) Maintaining nuclear energy research and development 
     programs at the National Laboratories and institutions of 
     higher education, including infrastructure at the National 
     Laboratories and institutions of higher education.
       ``(C) Providing the technical means to reduce the 
     likelihood of nuclear proliferation.
       ``(D) Increasing confidence margins for public safety of 
     nuclear energy systems.
       ``(E) Reducing the environmental impact of activities 
     relating to nuclear energy.
       ``(F) Supporting technology transfer from the National 
     Laboratories to the private sector.
       ``(G) 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 subparagraphs (A) through 
     (F).
       ``(b) Definitions.--In this subtitle:
       ``(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--
       ``(i) inherent safety features;
       ``(ii) lower waste yields;
       ``(iii) greater fuel utilization;
       ``(iv) superior reliability;
       ``(v) resistance to proliferation;
       ``(vi) increased thermal efficiency; and
       ``(vii) the ability to integrate into electric and 
     nonelectric applications; or
       ``(B) a nuclear fusion reactor.
       ``(2) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(3) Fast neutron.--The term `fast neutron' means a 
     neutron with kinetic energy above 100 kiloelectron volts.
       ``(4) National laboratory.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `National Laboratory' has the meaning given the term 
     in section 2.
       ``(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.
       ``(5) Neutron flux.--The term `neutron flux' means the 
     intensity of neutron radiation measured as a rate of flow of 
     neutrons applied over an area.
       ``(6) 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

[[Page S1420]]

       ``(B) testing of advanced materials, nuclear fuels, and 
     other related components for reactor systems.''.
       (b) Nuclear Energy Research Programs.--
       (1) In general.--Section 952 of the Energy Policy Act of 
     2005 (42 U.S.C. 16272) is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.
       (2) Conforming amendment.--Section 641(b)(1) of the Energy 
     Policy Act of 2005 (42 U.S.C. 16021(b)(1)) is amended by 
     striking ``section 942(d)'' and inserting ``section 952(c)''.
       (c) Advanced Fuel Cycle Initiative.--Section 953(a) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16273(a)) is amended by 
     striking ``, acting through the Director of the Office of 
     Nuclear Energy, Science and Technology,''.
       (d) University Nuclear Science and Engineering Support.--
     Section 954(d)(4) of the Energy Policy Act of 2005 (42 U.S.C. 
     16274(d)(4)) is amended by striking ``as part of a taking 
     into consideration effort that emphasizes'' and inserting 
     ``that emphasize''.
       (e) Department of Energy Civilian Nuclear Infrastructure 
     and Facilities.--Section 955 of the Energy Policy Act of 2005 
     (42 U.S.C. 16275) is amended--
       (1) by striking subsections (c) and (d); and
       (2) by adding at the end the following:
       ``(c) Versatile Neutron Source.--
       ``(1) Mission need.--
       ``(A) In general.--Not later than December 31, 2017, the 
     Secretary shall determine the mission need for a versatile 
     reactor-based fast neutron source, which shall operate as a 
     national user facility.
       ``(B) Consultations 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 described in subparagraph (A) will meet the research 
     needs of the largest practicable majority of prospective 
     users.
       ``(2) Establishment.--As soon as practicable after 
     determining the mission need under paragraph (1)(A), the 
     Secretary shall submit to the appropriate committees of 
     Congress a detailed plan for the establishment of the user 
     facility.
       ``(3) Facility requirements.--
       ``(A) Capabilities.--The Secretary shall ensure that the 
     user facility will provide, at a minimum, the following 
     capabilities:
       ``(i) Fast neutron spectrum irradiation capability.
       ``(ii) Capacity for upgrades to accommodate new or expanded 
     research needs.
       ``(B) Considerations.--In carrying out the plan submitted 
     under paragraph (2), the Secretary shall consider the 
     following:
       ``(i) Capabilities that support experimental high-
     temperature testing.
       ``(ii) Providing a source of fast neutrons at a neutron 
     flux, higher than that at which current research facilities 
     operate, 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.
       ``(vi) Additional pre-irradiation and post-irradiation 
     examination capabilities.
       ``(vii) Lifetime operating costs and lifecycle costs.
       ``(4) Deadline for establishment.--The Secretary shall, to 
     the maximum extent practicable, complete construction of, and 
     approve the start of operations for, the user facility by not 
     later than December 31, 2025.
       ``(5) Reporting.--The Secretary shall include in the annual 
     budget request of the Department an explanation for any delay 
     in the progress of the Department in completing the user 
     facility by the deadline described in paragraph (4).
       ``(6) Coordination.--The Secretary shall leverage the best 
     practices for management, construction, and operation of 
     national user facilities from the Office of Science.''.
       (f) Security of Nuclear Facilities.--Section 956 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16276) is amended by 
     striking ``, acting through the Director of the Office of 
     Nuclear Energy, Science and Technology,''.
       (g) High-Performance Computation and Supportive Research.--
     Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 
     16277) is amended to read as follows:

     ``SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE 
                   RESEARCH.

       ``(a) Modeling and Simulation.--The Secretary shall carry 
     out a program to enhance the capabilities of the United 
     States to develop new reactor technologies through high-
     performance computation modeling and simulation techniques.
       ``(b) Coordination.--In carrying out the program under 
     subsection (a), the Secretary shall coordinate with relevant 
     Federal agencies as described by the National Strategic 
     Computing Initiative established by Executive Order 13702 (80 
     Fed. Reg. 46177 (July 29, 2015)), while taking into account 
     the following objectives:
       ``(1) Using expertise from the private sector, institutions 
     of higher education, and the National Laboratories to develop 
     computational software and capabilities that prospective 
     users may access to accelerate research and development of 
     advanced nuclear reactor systems and reactor systems for 
     space exploration.
       ``(2) Developing computational tools to simulate and 
     predict nuclear phenomena that may be validated through 
     physical experimentation.
       ``(3) Increasing the utility of the research infrastructure 
     of the Department by coordinating with the Advanced 
     Scientific Computing Research program within the Office of 
     Science.
       ``(4) Leveraging experience from the Energy Innovation Hub 
     for Modeling and Simulation.
       ``(5) Ensuring that new experimental and computational 
     tools are accessible to relevant research communities, 
     including private sector entities engaged in nuclear energy 
     technology development.
       ``(c) Supportive Research Activities.--The Secretary shall 
     consider support for additional research activities to 
     maximize the utility of the research facilities of the 
     Department, including physical processes--
       ``(1) to simulate degradation of materials and behavior of 
     fuel forms; and
       ``(2) for validation of computational tools.''.
       (h) Enabling Nuclear Energy Innovation.--Subtitle E of 
     title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.

       ``(a) National Reactor Innovation Center.--There is 
     authorized a program to enable the testing and demonstration 
     of reactor concepts to be proposed and funded, in whole or in 
     part, by the private sector.
       ``(b) Technical Expertise.--In carrying out the program 
     under subsection (a), the Secretary shall leverage the 
     technical expertise of relevant Federal agencies and the 
     National Laboratories in order to minimize the time required 
     to enable construction and operation of privately funded 
     experimental reactors at National Laboratories or other 
     Department-owned sites.
       ``(c) Objectives.--The reactors described in subsection (b) 
     shall operate to meet the following objectives:
       ``(1) Enabling physical validation of advanced nuclear 
     reactor concepts.
       ``(2) Resolving technical uncertainty and increasing 
     practical knowledge relevant to safety, resilience, security, 
     and functionality of advanced nuclear reactor concepts.
       ``(3) General research and development to improve nascent 
     technologies.
       ``(d) Sharing Technical Expertise.--In carrying out the 
     program under subsection (a), the Secretary may enter into a 
     memorandum of understanding with the Chairman of the 
     Commission in order to share technical expertise and 
     knowledge through--
       ``(1) enabling the testing and demonstration of advanced 
     nuclear reactor concepts to be proposed and funded, in whole 
     or in part, by the private sector;
       ``(2) operating a database to store and share data and 
     knowledge relevant to nuclear science and engineering between 
     Federal agencies and the private sector;
       ``(3) developing and testing electric and nonelectric 
     integration and energy conversion systems relevant to 
     advanced nuclear reactors;
       ``(4) leveraging expertise from the Commission with respect 
     to safety analysis; and
       ``(5) enabling technical staff of the Commission to 
     actively observe and learn about technologies developed under 
     the program.
       ``(e) Agency Coordination.--The Chairman of the Commission 
     and the Secretary shall enter into a memorandum of 
     understanding regarding the following:
       ``(1) Ensuring that--
       ``(A) the Department has sufficient technical expertise to 
     support the timely research, development, demonstration, and 
     commercial application by the civilian nuclear industry of 
     safe and innovative advanced nuclear reactor technology; and
       ``(B) the Commission has sufficient technical expertise to 
     support the evaluation of applications for licenses, permits, 
     and design certifications and other requests for regulatory 
     approval for advanced nuclear reactors.
       ``(2) The use of computers and software codes to calculate 
     the behavior and performance of advanced nuclear reactors 
     based on mathematical models of the physical behavior of 
     advanced nuclear reactors.
       ``(3) Ensuring that--
       ``(A) the Department maintains and develops the facilities 
     necessary to enable the timely research, development, 
     demonstration, and commercial application by the civilian 
     nuclear industry of safe and innovative reactor technology; 
     and
       ``(B) the Commission has access to the facilities described 
     in subparagraph (A), as needed.
       ``(f) Reporting Requirements.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Nuclear Energy Innovation Capabilities 
     Act of 2017, the Secretary, in consultation with the National 
     Laboratories, relevant Federal agencies, and other 
     stakeholders, shall submit to the appropriate committees of 
     Congress a report assessing the capabilities of the 
     Department to authorize, host, and oversee privately funded 
     experimental advanced nuclear reactors as described in 
     subsection (b).
       ``(2) Contents.--The report submitted under paragraph (1) 
     shall address--
       ``(A) the safety review and oversight capabilities of the 
     Department, including options to leverage expertise from the 
     Commission and the National Laboratories;

[[Page S1421]]

       ``(B) options to regulate privately proposed and funded 
     experimental reactors hosted by the Department;
       ``(C) potential sites capable of hosting privately funded 
     experimental advanced nuclear reactors;
       ``(D) the efficacy of the available contractual mechanisms 
     of the Department to partner with the private sector and 
     Federal agencies, including cooperative research and 
     development agreements, strategic partnership projects, and 
     agreements for commercializing technology;
       ``(E) the liability of the Federal Government with respect 
     to the disposal of low-level radioactive waste, spent nuclear 
     fuel, or high-level radioactive waste (as those terms are 
     defined in section 2 of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101));
       ``(F) the impact on the aggregate inventory in the United 
     States of low-level radioactive waste, spent nuclear fuel, or 
     high-level radioactive waste (as those terms are defined in 
     section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10101));
       ``(G) potential cost structures relating to physical 
     security, decommissioning, liability, and other long-term 
     project costs; and
       ``(H) other challenges or considerations identified by the 
     Secretary.
       ``(3) Updates.--Once every 2 years, the Secretary shall 
     update relevant provisions of the report submitted under 
     paragraph (1) and submit to the appropriate committees of 
     Congress the update.
       ``(g) Savings Clauses.--
       ``(1) Licensing requirement.--Nothing in this section 
     authorizes the Secretary or any person to construct or 
     operate a nuclear reactor for the purpose of demonstrating 
     the suitability for commercial application of the nuclear 
     reactor unless licensed by the Commission in accordance with 
     section 202 of the Energy Reorganization Act of 1974 (42 
     U.S.C. 5842).
       ``(2) Financial protection.--Any activity carried out under 
     this section that involves the risk of public liability shall 
     be subject to the financial protection or indemnification 
     requirements of section 170 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210) (commonly known as the `Price-Anderson 
     Act').''.
       (i) Budget Plan.--Subtitle E of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by 
     subsection (h)) is amended by adding at the end the 
     following:

     ``SEC. 959. BUDGET PLAN.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Nuclear Energy Innovation Capabilities Act 
     of 2017, 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 2 alternative 10-year budget plans for 
     civilian nuclear energy research and development by the 
     Secretary, as described in subsections (b) through (d).
       ``(b) Budget Plan Alternative 1.--One of the budget plans 
     submitted under subsection (a) shall assume constant annual 
     funding for 10 years at the appropriated level for the 
     civilian nuclear energy research and development of the 
     Department for fiscal year 2016.
       ``(c) Budget Plan Alternative 2.--One of the budget plans 
     submitted under subsection (a) shall be an unconstrained 
     budget.
       ``(d) Inclusions.--Each alternative budget plan submitted 
     under subsection (a) shall include--
       ``(1) a prioritized list of the programs, projects, and 
     activities of the Department to best support the development 
     of advanced nuclear reactor technologies;
       ``(2) realistic budget requirements for the Department to 
     implement sections 955(c), 957, and 958; and
       ``(3) the justification of the Department for continuing or 
     terminating existing civilian nuclear energy research and 
     development programs.''.
       (j) Report on Fusion Innovation.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy 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 report identifying engineering 
     designs for innovative fusion energy systems that have the 
     potential to demonstrate net energy production not later than 
     15 years after the start of construction.
       (2) Inclusions.--The report submitted under paragraph (1) 
     shall identify budgetary requirements that would be necessary 
     for the Department of Energy to carry out a fusion innovation 
     initiative to accelerate research and development of the 
     engineering designs identified in the report.
       (k) Conforming Amendments.--The table of contents for the 
     Energy Policy Act of 2005 is amended by striking the item 
     relating to section 957 and inserting the following:

``957. High-performance computation and supportive research.
``958. Enabling nuclear energy innovation.
``959. Budget plan.''.

     SEC. 3. ADVANCED NUCLEAR ENERGY LICENSING COST-SHARE GRANT 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (2) Program.--The term ``program'' means the Advanced 
     Nuclear Energy Cost-Share Grant Program established under 
     subsection (b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Establishment.--The Secretary shall establish a grant 
     program, to be known as the ``Advanced Nuclear Energy Cost-
     Share Grant Program'', under which the Secretary shall make 
     cost-share grants to applicants for the purpose of funding a 
     portion of the Commission fees of the applicant for pre-
     application review activities and application review 
     activities.
       (c) Requirement.--The Secretary shall seek out technology 
     diversity in making grants under the program.
       (d) Cost-Share Amount.--The Secretary shall determine the 
     cost-share amount for each grant under the program in 
     accordance with section 988 of the Energy Policy Act of 2005 
     (42 U.S.C. 16352).
       (e) Use of Funds.--A recipient of a grant under the program 
     may use the grant funds to cover Commission fees, including 
     those fees associated with--
       (1) developing a licensing project plan;
       (2) obtaining a statement of licensing feasibility;
       (3) reviewing topical reports; and
       (4) other--
       (A) pre-application review activities;
       (B) application review activities; and
       (C) interactions with the Commission.

  Mr. CRAPO. Mr. President, I ask unanimous consent that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CRAPO. Mr. President, I rise to speak today on the Nuclear Energy 
Innovation Capabilities Act, or NEICA. This measure is the result of a 
strong bipartisan partnership among many Senators, including Senator 
Whitehouse, Senator Risch, Senator Booker, Senator Hatch, Senator 
Murkowski, and Senator Durbin, along with myself and a number of other 
Senators who have worked with us on this legislation.
  I want to give special thanks to Senator Whitehouse, who is here with 
us today. He has been my tireless partner in this effort. I thank 
Senator Whitehouse for his hard work and the assistance of his staff. 
Sometimes, even on the easiest of legislation--and this is not in that 
category; this is a critical, strong piece that has taken a lot of 
attention--but sometimes it just takes a lot of work and effort and 
time. I appreciate Senator Whitehouse's efforts to stick with us, as he 
actually helped move this ball forward as we have tried to get this 
across the finish line.
  I also want to express strong thanks to Senator Risch, who also 
deserves strong recognition for his tireless work to get this bill 
advanced.
  This is a Senate companion to a House measure of the very same name, 
introduced by Representatives Weber, Eddie Bernice Johnson, and Lamar 
Smith. We have been working together to get this bill passed for some 
time, and I am eager to work with my House colleagues to make sure that 
NEICA is enacted as soon as possible.
  We all recognize that innovation within the nuclear industry must 
continue and must build on American preeminence in nuclear research and 
development. Having grown up in Idaho Falls, ID, I am a strong 
supporter of nuclear energy and the Idaho National Lab, which is a 
world leader in R&D and a key partner in sustaining our Nation's 
commercial nuclear power sector. The INL has been home to more than 50 
one-of-a-kind nuclear test reactors. It has led innovation after 
innovation and breakthrough after breakthrough. The imagination, 
ingenuity, and hard work of the scientists at the Lab, along with the 
scientists at Argonne and Oak Ridge, ensure that the United States 
remains the leader in development and commercialization of nuclear 
power.
  Today, many in the industry are focusing on what it takes to keep the 
current fleet of reactors alive and operational. Industry leaders are 
worried about the waste issues, the economics of operation, and 
navigating the requirements of the Nuclear Regulatory Commission. 
Understandably, many are not focused on the future of nuclear power and 
what lies beyond the current generation of reactors.
  Congress must find a way to help industry deal with the very real 
challenges that the current fleet faces. Congress must address the 
waste issue, and we must evaluate the costs and benefits of regulations 
that the government has placed on this industry. Many of the burdens on 
the nuclear industry are government-created, and so they must be 
government-solved. I look forward to working with my colleagues on the 
Environment and Public Works Committee to provide sound solutions.

[[Page S1422]]

  Congress can't ignore the challenges of the current fleet, but we 
must not allow these challenges to keep us from looking forward. The 
nuclear power industry in America is, for better or worse, increasingly 
paralyzed by government redtape.
  Congress must lead in focusing government agencies toward preparing 
for the next generation of nuclear reactors. We should create an 
environment in which industry can grow and advance. If we don't, we 
will lose to foreign competitors as companies take their technologies 
and business overseas. This is happening already. Companies are 
increasingly going to places like China, Russia, South Korea, and 
India. These countries want to export nuclear technology and are 
investing heavily toward that goal. If we continue down our current 
path, these countries will take the lead in setting the rules on 
proliferation and safety in the advanced nuclear industry. I would 
prefer that America continue to lead in this area.
  The Senate version of NEICA does four very important things to 
encourage innovation in advanced nuclear power.
  No. 1, it directs the Department of Energy to carry out a modeling 
and simulation program that aids in the development of new reactor 
technologies.
  This is an important first step in allowing the private sector to 
have access to the capabilities of our National Laboratories to test 
reactor designs and concepts.
  No. 2, it requires the Department of Energy to report its plan to 
establish a user facility for a versatile reactor-based fast neutron 
source.
  This is a critical step that will allow private companies the ability 
to test principles of nuclear science and prove the science behind 
their work.
  No. 3, NEICA directs the Department of Energy to carry out a program 
to enable the testing and demonstration of reactor concepts proposed 
and funded by the private sector.
  This site is to be called the National Nuclear Innovation Center, and 
it will function as a database to store and share knowledge on nuclear 
science between Federal agencies and the private sector. The Senate 
version of NEICA encourages the Department of Energy and the Nuclear 
Regulatory Commission to work together in this effort. We would like to 
see the Department of Energy lead the effort to establish and operate 
the National Nuclear Innovation Center while consulting with the NRC 
regarding safety issues. We would also like the NRC to have access to 
the work done by the center in order to provide its staff with the 
knowledge it will need to eventually license any new reactors coming 
out of the center. If these reactors are ever to get to the market, the 
NRC must be able to understand the ins and outs of the science and work 
behind their development. The NRC needs the data in order to make data-
driven licensing requirements.
  No. 4, finally, it requires the NRC to report on its ability to 
license advanced reactors within 4 years of receiving an application.
  The NRC must explain any institutional or organizational barriers it 
faces in moving forward with the licensing of advanced reactors.
  NEICA is an important step in maintaining U.S. leadership in nuclear 
energy. It will enable the private sector and our National Labs to work 
together to create cutting-edge achievements in nuclear science. NEICA 
encourages the smartest, most innovative and creative minds in nuclear 
science to partner together to move the industry forward. This is a 
very exciting piece of legislation, and I look forward to working with 
my congressional colleagues to help American nuclear energy thrive 
today and prepare for the future.
  Thank you.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Cotton). The Senator from Rhode Island.
  Mr. WHITEHOUSE. Mr. President, it has been the Senator from Idaho 
whose leadership has driven this bill forward more than anything else, 
and I express my great appreciation to him for the opportunity to work 
with him to accomplish this success.
  Like Senator Crapo, I want to recognize our colleagues in this 
effort, Senators Risch, Booker, Durbin, and Murkowski. I particularly 
thank Senator Murkowski because she is the chair of the Senate Energy 
Committee, and she and Senator Cantwell together cleared this bill, so 
we could bring it to the floor, and gave it the blessing of their 
committee.
  I also thank Senator Inhofe from Oklahoma, who has been a strong 
supporter of our efforts at nuclear modernization, and I ask unanimous 
consent that a U.S. News & World Report editorial, which Senator Crapo 
wrote with Senator Inhofe, Senator Booker, and me, be printed in the 
Record at the conclusion of my remarks.
  I thank Senator Alexander from Tennessee--the home of Oak Ridge, the 
other National Lab that focuses so much in this area--who has been a 
constant advocate and has been very interested in all things nuclear 
for a very long time.
  This bill, the Nuclear Energy Innovation Capabilities Act, has been 
so well summarized by Senator Crapo that I will not go back and 
resummarize it, but I will emphasize that it is our intention that it 
provide an opening for nuclear innovation into next-generation, third-
generation, even fourth-generation nuclear technologies, with the goal 
that we can compete effectively internationally to be the producers of 
clean and safe nuclear energy, with the hope--and at this point I think 
it is somewhere between a hope and a prospect--that this technology 
will develop to the point where we can begin to look at our existing 
nuclear waste stockpile and use these new technologies to turn 
hazardous and dangerous nuclear waste, for which we have no present 
plan, into something that is valuable and can help create energy. We 
need to work on how to price that because, at present, there is no 
mechanism that provides any value to someone who might have a solution 
to that problem for lifting this cost off of our books. But that is 
something Senator Crapo, Senator Alexander, Senator Inhofe, Senator 
Booker, Senator Murkowski, and I can continue to work on. That, I 
think, is a really valuable prospect in all of this, and it is one of 
the things that moves me to do this.
  Let me close by thanking Senator Crapo for also working with me on 
NEIMA, the Nuclear Energy Innovation and Modernization Act, which we 
are still working to get passed but which we hope will get passed. It 
parallels very nicely with this legislation because what that would do 
is get the Nuclear Regulatory Commission to update its permitting 
process to accommodate new technologies.
  When I am asked what I mean by that, I use a very rough example, 
which is that the current light water reactor permitting process makes 
about as much sense as the test for these new technologies as taking a 
Tesla and having it pass the DMV carburetor requirements. It is a new 
technology; it requires a different testing regime. Our other bill 
would authorize and require the NRC to update and work with the 
innovation community to make sure that when these things are ready for 
permitting, permitting is, in fact, ready for them.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

             [From U.S. News & World Report, July 11, 2016]

                      The New Nuclear Renaissance

    (By Jim Inhofe, Sheldon Whitehouse, Mike Crapo and Cory Booker)

       There has been a groundswell of activity and investment in 
     recent years surrounding advanced nuclear reactors. A dynamic 
     group of nuclear engineers and scientists are chasing the 
     future--and racing against China and Russia--to develop 
     innovative reactor designs. These technologies hold enormous 
     promise to provide clean, safe, affordable, and reliable 
     energy, not just for our country, but for the world. These 
     innovators have a vision for the future, and they charge 
     ahead backed by more than $1 billion in private capital. The 
     future of nuclear energy is bright.
       Some would argue that we have been here before. In 2005, 
     Congress passed incentives to encourage a ``nuclear 
     renaissance'' amid high natural gas prices. The industry 
     stood ready to build a large number of modern light-water 
     reactors, improved versions of existing nuclear technology.
       But reality fell short of expectations and the result was 
     only five new nuclear plants, with a price tag of $8 billion 
     to $10 billion each. Now, in an age of low-cost natural gas, 
     it is becoming harder for the nearly 100 existing reactors to 
     compete. The Energy Information Administration calculates 
     that electricity generation from a new nuclear plant would 
     cost about 25 percent more than electricity from a new gas-
     fired combined-

[[Page S1423]]

     cycle power plant. This is causing some nuclear energy 
     companies to scale back their operations. For instance, 
     Chicago-based Exelon Corporation announced just a few weeks 
     ago that it would shutter two of its nuclear plants in 
     Illinois in the coming years, citing pressure from natural 
     gas as a major factor.
       So this begs the question: Will this new wave of innovative 
     reactors live up to its promise? Investors think so, and so 
     do we. For starters, these advanced reactors differ 
     significantly from their predecessors. Rather than water, 
     they use materials like molten salt or noble gasses as 
     coolants. Most are considered ``walk away safe,'' since they 
     are designed to use the laws of physics, rather than 
     equipment, to prevent accidents. If a natural disaster 
     strikes, for instance, these reactors would simply shut down, 
     substantially reducing the threat of a a meltdown. Many are 
     designed to be small and modular, so they could be built in 
     factories with construction costs that are a fraction of 
     their big, custom-built forerunners. Small reactors could 
     also be plugged into future micro-grid systems without 
     requiring extensive transmission infrastructure. Some of 
     these new reactor technologies could actually help to reduce 
     the amount of nuclear waste we've accumulated through the 
     years by using that waste as fuel. That could alleviate a 
     major challenge facing the industry. And of course, all of 
     this would be achieved without any air pollution.
       Nuclear energy used to be just another partisan issue. 
     Thankfully, that is changing. The four of us represent 
     opposite ends of the political spectrum in the Senate, but we 
     are all pulling in the same direction, backing various pieces 
     of legislation to promote advanced nuclear innovation and 
     development. One bill would open the doors of our national 
     laboratories to entrepreneurs and their innovative new 
     companies to develop public-private partnerships with the 
     potential to bring new ideas to market. Another bill looks to 
     build a sensible regulatory framework to allow diverse 
     advanced reactor concepts to go from the drawing board to 
     reality.
       These bills have been moving through Congress and are 
     garnering broad bipartisan support. The Nuclear Energy 
     Innovation Capabilities Act recently passed the Senate as 
     part of a bipartisan energy bill, on an 87-4 vote. The 
     Nuclear Energy Innovation and Modernization Act was approved 
     by the Senate Environment and Public Works Committee on a 17-
     3 vote.
       Though we may come to this issue for different reasons, our 
     end goal is the same. We want to promote new technologies 
     that provide cleaner energy and get them built by and for 
     Americans. We can't take a back seat as China and Russia 
     build test reactors and lure away American innovators. This 
     new nuclear renaissance is primed for success. It has broad 
     bipartisan support in Congress, serious private capital 
     investment and the ability to help address environmental 
     challenges--all while encouraging American innovation. The 
     world is heading into a new age of nuclear energy, and the 
     United States must lead the way.

  Mr. WHITEHOUSE. Mr. President, with great appreciation to Senator 
Crapo, the distinguished Senator from Idaho who has been my leader and 
partner in all this, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. CRAPO. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________