[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[House]
[Pages 2407-2412]
[From the U.S. Government Publishing Office, www.gpo.gov]




               NUCLEAR ENERGY INNOVATION CAPABILITIES ACT

  Mr. WEBER of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 4084) to enable civilian research and development of 
advanced nuclear energy technologies by private and public institutions 
and to expand theoretical and practical knowledge of nuclear physics, 
chemistry, and materials science, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4084

       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''.

     SEC. 2. 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.--The Secretary shall conduct programs of 
     civilian nuclear research, development, demonstration, and 
     commercial application, including activities in this 
     subtitle. Such programs shall take into consideration the 
     following objectives:
       ``(1) 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.
       ``(2) Maintaining National Laboratory and university 
     nuclear energy research and development programs, including 
     their infrastructure.
       ``(3) Providing the technical means to reduce the 
     likelihood of nuclear weapons proliferation and increasing 
     confidence margins for public safety of nuclear energy 
     systems.
       ``(4) Reducing the environmental impact of nuclear energy 
     related activities.
       ``(5) Supporting technology transfer from the National 
     Laboratories to the private sector.
       ``(6) 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 aforementioned objectives in this subsection.
       ``(b) Definitions.--In this subtitle:
       ``(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, which may include inherent safety features, lower 
     waste yields, greater fuel utilization, superior reliability, 
     resistance to proliferation, and increased thermal 
     efficiency.
       ``(2) Fast neutron.--The term `fast neutron' means a 
     neutron with kinetic energy above 100 kiloelectron volts.
       ``(3) National laboratory.--The term `National Laboratory' 
     has the meaning given that term in paragraph (3) of section 
     2, except that with respect to subparagraphs (G), (H), and 
     (N) of such paragraph, for purposes of this subtitle the term 
     includes only the civilian activities thereof.
       ``(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 research on materials sciences and nuclear physics as 
     well as testing of advanced materials, nuclear fuels, and 
     other related components for reactor systems.
       ``(c) Sense of Congress.--It is the sense of the Congress 
     that nuclear energy, through

[[Page 2408]]

     fission or fusion, represents the highest energy density of 
     any known attainable source and yields zero air emissions. 
     This energy source is of national importance to scientific 
     progress, national security, electricity generation, heat 
     generation for industrial applications, and space 
     exploration. Considering the inherent complexity and 
     regulatory burden associated with this area of science, the 
     Department should focus its civilian nuclear research and 
     development activities towards programs that enable the 
     private sector, National Laboratories, and universities to 
     carry out such experiments as are necessary to promote 
     scientific progress and enhance practical knowledge of 
     nuclear engineering.''.

     SEC. 3. NUCLEAR ENERGY RESEARCH PROGRAMS.

       Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 
     16272) is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.

     SEC. 4. 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,''.

     SEC. 5. 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''.

     SEC. 6. 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.--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. During this process, the Secretary 
     shall consult with the private sector, universities, National 
     Laboratories, and relevant Federal agencies to ensure that 
     this user facility will meet the research needs of the 
     largest possible majority of prospective users.
       ``(2) Establishment.--Upon the determination of mission 
     need made under paragraph (1), the Secretary shall, as 
     expeditiously as possible, provide to the Committee on 
     Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a detailed plan for the establishment 
     of the user facility.
       ``(3) Facility requirements.--
       ``(A) Capabilities.--The Secretary shall ensure that this 
     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 provided 
     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) Reporting progress.--The Department shall, in its 
     annual budget requests, provide an explanation for any delay 
     in its progress and otherwise make every effort to complete 
     construction and approve the start of operations for this 
     facility by December 31, 2025.
       ``(5) Coordination.--The Secretary shall leverage the best 
     practices for management, construction, and operation of 
     national user facilities from the Office of Science.''.

     SEC. 7. 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,''.

     SEC. 8. 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 Nation's capabilities to develop 
     new reactor technologies through high-performance computation 
     modeling and simulation techniques. This program shall 
     coordinate with relevant Federal agencies through the 
     National Strategic Computing Initiative created under 
     Executive Order 13702 (July 29, 2015) while taking into 
     account the following objectives:
       ``(1) Utilizing expertise from the private sector, 
     universities, 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.
       ``(2) Developing computational tools to simulate and 
     predict nuclear phenomena that may be validated through 
     physical experimentation.
       ``(3) Increasing the utility of the Department's research 
     infrastructure 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.
       ``(b) Supportive Research Activities.--The Secretary shall 
     consider support for additional research activities to 
     maximize the utility of its research facilities, including 
     physical processes to simulate degradation of materials and 
     behavior of fuel forms and for validation of computational 
     tools.''.

     SEC. 9. 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.--The Secretary 
     shall carry out a program to enable the testing and 
     demonstration of reactor concepts to be proposed and funded 
     by the private sector. The Secretary shall leverage the 
     technical expertise of relevant Federal agencies and 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 while ensuring reasonable safety for persons working 
     within these sites. Such reactors shall operate to meet the 
     following objectives:
       ``(1) Enabling physical validation of novel reactor 
     concepts.
       ``(2) Resolving technical uncertainty and increasing 
     practical knowledge relevant to safety, resilience, security, 
     and functionality of first-of-a-kind reactor concepts.
       ``(3) General research and development to improve nascent 
     technologies.
       ``(b) Reporting Requirement.--Not later than 180 days after 
     the date of enactment of the Nuclear Energy Innovation 
     Capabilities Act, the Secretary, in consultation with the 
     National Laboratories, relevant Federal agencies, and other 
     stakeholders, shall transmit to the Committee on Science, 
     Space, and Technology of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report assessing the Department's capabilities to authorize, 
     host, and oversee privately funded fusion and advanced 
     fission experimental reactors as described under subsection 
     (a). The report shall address the following:
       ``(1) The Department's safety review and oversight 
     capabilities, including options to leverage expertise from 
     the Nuclear Regulatory Commission and National Laboratories.
       ``(2) Potential sites capable of hosting activities 
     described under subsection (a).
       ``(3) The efficacy of the Department's available 
     contractual mechanisms to partner with the private sector and 
     Federal agencies, including cooperative research and 
     development agreements, strategic partnership projects, and 
     agreements for commercializing technology.
       ``(4) Potential cost structures related to physical 
     security, decommissioning, liability, and other long-term 
     project costs.
       ``(5) Other challenges or considerations identified by the 
     Secretary.''.

     SEC. 10. BUDGET PLAN.

       (a) In General.--Subtitle E of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16271 et seq.) is further 
     amended by adding at the end the following:

     ``SEC. 959. BUDGET PLAN.

       ``Not later than 12 months after the date of enactment of 
     the Nuclear Energy Innovation Capabilities Act, the 
     Department shall transmit to the Committee on Science, Space, 
     and Technology of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate 2 
     alternative 10-year budget plans for civilian nuclear energy 
     research and development by the Department. The first shall 
     assume constant annual funding for 10 years at the 
     appropriated level for the Department's civilian nuclear 
     energy research and development for fiscal year 2016. The 
     second shall be an unconstrained budget. The 2 plans shall 
     include--
       ``(1) a prioritized list of the Department's programs, 
     projects, and activities to best support the development of 
     next generation nuclear energy technology;
       ``(2) realistic budget requirements for the Department to 
     implement sections 955(c), 957, and 958 of this Act; and

[[Page 2409]]

       ``(3) the Department's justification for continuing or 
     terminating existing civilian nuclear energy research and 
     development programs.''.
       (b) Report on Fusion Innovation.--Not later than six months 
     after the date of enactment of this Act, the Secretary of the 
     Department of Energy shall transmit to the Committee on 
     Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report that will identify 
     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. In this 
     report, the Secretary will identify budgetary requirements 
     that would be necessary for the Department to carry out a 
     fusion innovation initiative to accelerate research and 
     development of these designs.

     SEC. 11. 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Weber) and the gentleman from Virginia (Mr. Beyer) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. WEBER of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 4084, the Nuclear Energy 
Innovation Capabilities Act.
  I want to thank Ranking Member Johnson and Chairman Smith for 
cosponsoring this important legislation and for their leadership in 
advocating for nuclear energy research and development.
  I am grateful for the opportunity to work with my fellow Texans to 
guide research that will keep America safe, globally competitive, and 
support nuclear innovation. I also want to thank my colleagues on the 
Science Committee who cosponsored H.R. 4084.
  Mr. Speaker, the Science Committee has spent over a year examining 
U.S. nuclear energy policy and preparation for this legislation. We 
have been holding hearings on supercomputing, advanced nuclear energy 
technology, the Nuclear Regulatory Commission, and the DOE Energy 
Innovation Hubs.
  Witnesses from the national labs, universities, and the private 
sector have all testified in support of the various reforms and 
policies outlined in this bill.
  We took our time developing this legislation. By working together and 
listening to all the relevant stakeholders, we have developed broad 
bipartisan and bicameral support for this bill.
  We have worked with our colleagues in the Senate to develop companion 
legislation as well. Last month an amendment with the text of this 
legislation passed, Mr. Speaker, with historic overwhelming support in 
the Senate.
  For the first time in many years, the Nuclear Energy Innovation 
Capabilities Act will provide updated statutory direction to the 
Department of Energy's nuclear research activities to ensure that 
fundamental research is prioritized and precious resources are not 
wasted.
  This bill requires DOE to leverage its supercomputing infrastructure 
and use modeling and simulation capabilities to develop advanced 
fission and fusion reactors.
  The bill lays out a clear timeline and parameters for DOE to complete 
a research reactor. A research reactor is a crucial part of ensuring 
materials and nuclear fuels R&D can take place in the United States.
  This type of research requires access to fast neutrons, which, 
unfortunately, are currently only available for civilian research in 
Russia, Mr. Speaker.
  While modeling and simulation can accelerate R&D, nuclear energy must 
be validated through a physical source. The versatile neutron source 
under section 6 of H.R. 4084 will provide the United States with that 
vital capability.

                              {time}  1745

  This legislation also directs DOE to partner with the private sector 
to construct and operate reactor prototypes at DOE National Labs.
  Nuclear reactors are expensive and highly regulated. Designing a 
first-of-a-kind reactor requires a blend of creative freedom for 
engineers to test new designs while ensuring safety throughout the 
entire process.
  DOE sites, particularly the DOE National Labs, can provide a unique 
environment that safely allows for this kind of creative testing and 
development for advanced nuclear technology, without a burdensome 
regulatory process which slows progress to a crawl.
  DOE has fundamental authority to enter into these innovative research 
partnerships, but won't have the confidence to act without direction 
from Congress, which is provided in this legislation, Mr. Speaker.
  America must maintain our nuclear capabilities and continue to 
develop cutting-edge technology right here at home. Without the 
direction provided in this bill, we will continue to fall further and 
further behind, lose the ability to develop innovative nuclear 
technology, and be left importing reactor designs from overseas.
  Today, we have the best nuclear engineers and manufacturing capacity 
in the world right here at home. We can't put that expertise at risk, 
Mr. Speaker.
  Even more importantly, this bill will maintain America's capability 
to influence security and proliferation standards around the world, as 
more developing nations look to nuclear energy to grow their economies.
  As a member of the Foreign Affairs Committee, I am constantly 
reminded of the need for American leadership in a dangerous world. H.R. 
4084 reaffirms the United States' commitment to safely advancing 
nuclear technology.
  I encourage my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BEYER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4084, the Nuclear 
Energy Innovation Capabilities Act.
  Currently in the United States, nuclear power produces about 20 
percent of our Nation's electrical supply, and that makes nuclear power 
the single largest carbon-free power source in the country.
  However, our current nuclear fleet is growing older. Many of the 
plants across our country are many decades old and rely upon nuclear 
technology that is even older.
  There have been substantial efforts in the past decade to move 
towards constructing new nuclear generating units with more modern 
designs. However, these efforts have had mixed results.
  There have been construction difficulties, regulatory hurdles, and 
financing issues, all of which have conspired to delay the construction 
of new nuclear plants in America.
  Some of these hurdles, though, are unlikely to go away with our 
current technologies. The Three Mile Island, Chernobyl, and Fukushima 
nuclear accidents have repeatedly highlighted the necessity of ensuring 
our nuclear fleet runs as safely as possible. This has led to much of 
the cost and difficulty of building the new plants.
  I think the answer to these problems can be found in innovative new 
nuclear technologies. The Department of Energy and many different 
companies in the private sector are working on new forms of nuclear 
energy generation that hold the promise of much more effective and much 
safer nuclear generation stations.
  Some of these technologies also address the extremely important issue 
of the radioactive waste streams that plague our current generation of 
nuclear plants.
  H.R. 4084 takes several positive steps to help spur this innovation 
and deliver these very promising nuclear technologies to market.
  I also want to highlight one additional reason to support H.R. 4084. 
As the world makes commitments to move toward a lower carbon future, as 
evidenced by the Paris climate agreement, it presents an opportunity to 
American Industry to supply low-carbon power platforms like nuclear 
power.

[[Page 2410]]

  This bill will keep our country on the forefront of nuclear power 
technology, and it is my hope it will empower American Industry to be 
the suppliers of the next generation of nuclear plants throughout the 
entire world.
  Mr. Speaker, I would like to thank Congressman Weber for sponsoring 
this legislation, and thank Science, Space, and Technology Committee 
Chairman Smith and Ranking Member Eddie Bernice Johnson for bringing 
this bill to the floor in such a bipartisan manner.
  Mr. Speaker, I reserve balance of my time.
  Mr. WEBER of Texas. I appreciate the gentleman's kind remarks.
  Mr. Speaker, I yield 3 minutes to the gentleman from Georgia (Mr. 
Loudermilk).
  Mr. LOUDERMILK. Mr. Speaker, I thank my colleague from Texas (Mr. 
Weber), for his leadership on this important issue and for allowing me 
a few moments to speak on it.
  H.R. 4084 is a critical piece of legislation that will improve our 
Nation's nuclear energy research and foster the development of our next 
generation of nuclear reactors.
  Throughout our history, the United States has led the world in 
developing new nuclear technologies, and this bill provides the tools 
to help us to continue this leadership into the future.
  One of the many important provisions of this bill is that it directs 
the Department of Energy, through its National Laboratories, to develop 
new nuclear reactor concepts by partnering with the private sector.
  With a national population of 320 million, and growing, we must be 
aggressive in our pursuit of new nuclear breakthroughs in order to 
power our Nation's future.
  As a Member of Congress from Georgia, I understand the challenges of 
providing power to a rapidly growing population. Georgia's population 
is expected to increase by almost 2 million over the next 10 years, and 
without clean, affordable, reliable nuclear power, the task of bringing 
electricity to these new residents would be daunting.
  The United States has not added any nuclear power generation for over 
30 years. However, today, new power units are being built at Plant 
Vogtle in Georgia. These nuclear power generators will add the capacity 
to power 1 million homes and businesses once they are completed.
  After visiting Plant Vogtle last year, I am confident that these new 
generators will reassure the country that nuclear power is safe, 
secure, and reliable, and will encourage the pursuit of future nuclear 
technology breakthroughs.
  This bill is vital to the future of our Nation because it enables the 
private sector to utilize the research tools and resources at the DOE 
National Labs so scientists and engineers in the private sector can 
assist in the development of new nuclear technologies. Nuclear power 
generation that is clean, sustainable, and safe, is what will power 
America's homes and businesses for years to come.
  I urge my colleagues to support this bill.
  Mr. BEYER. Mr. Speaker, I reserve the balance of my time.
  Mr. WEBER of Texas. Mr. Speaker, I yield 1 minute to the gentleman 
from California (Mr. Knight).
  Mr. KNIGHT. Mr. Speaker, I thank Mr. Weber and Mr. Beyer for their 
congenial work on this issue.
  I do rise today in support of H.R. 4084, the Nuclear Energy 
Innovation Capabilities Act, as I am a cosponsor. Some of us believe a 
nuclear energy policy is important to the State of California, which is 
home to private companies and universities pursuing advanced nuclear 
technologies.
  I am proud to support this legislation because it would provide 
capabilities for our technology innovators to develop new reactors that 
will yield amazing benefits to society through increased resistance to 
proliferation, minimizing waste, and perhaps even consuming existing 
waste stockpiles.
  The possibilities are endless when we allow our engineers to 
creatively tackle the world's challenges, and this is no different for 
nuclear energy.
  This is important because in my district we have recently seen the 
issues that can arise when an area is dependent on a single energy 
source.
  California is home to many of the companies seeking to partner with 
the DOE and benefit from our Nation's unparalleled supercomputer 
capabilities. Leveraging the Department's assets will help our domestic 
industry capture a significant share of a growing, multibillion-dollar 
industry.
  Mr. Speaker, I include in the Record letters of support from Tri 
Alpha, a California-based fusion company, and UPower, a California-
based advanced fission reactor company.

                                                 Tri Alpha Energy,
                                                February 24, 2016.
     Hon. Lamar Smith,
     Chairman, House Science, Space & Technology Committee, 
         Washington, DC.
     Hon. Eddie Bernice Johnson,
     Ranking Member, House Science, Space & Technology Committee, 
         Washington, DC.
     Hon. Randy Weber,
     Chairman, Energy Subcommittee, House Science, Space & 
         Technology Committee, Washington, DC.
       Dear Chairman Smith, Ranking Member Johnson, and 
     Representative Weber: Tri Alpha Energy is a fusion energy 
     science research company headquartered in Foothill Ranch, 
     California. Our purpose is to deliver world-changing clean 
     fusion energy for economical, commercial power generation as 
     fast as possible. Tri Alpha started as a research project at 
     the University of California-Irvine in 1990. Today we have 
     150 employees, over 350 patents issued or pending, and are 
     conducting experiments on a state of the art plasma 
     generation device.
       We are writing to express support for your bill H.R. 4084, 
     the Nuclear Energy Innovation Capabilities Act. Global market 
     and environmental conditions demand that new sources of 
     clean, baseload electricity be developed. New nuclear designs 
     hold tremendous promise as a sustainable and cost-competitive 
     power solution, but the United States government must provide 
     a favorable policy environment for the necessary technology 
     developments to take place.
       H.R. 4084 would make several improvements at the Department 
     of Energy to help move advanced nuclear technology concepts, 
     including fusion, out of the laboratory and toward 
     commercialization. The Nuclear Innovation Center, for 
     example, would enable shorter development and permitting 
     timelines by allowing private companies to work hand-in-hand 
     with federal researchers and regulators on design validation.
       We commend you and your staff for recognizing the enormous 
     positive potential that advanced nuclear, including fusion, 
     holds in the United States and for offering thoughtful, 
     bipartisan legislation to move the industry forward. We hope 
     that H.R. 4084 will be offered for floor consideration soon 
     and offer our support to help move the bill to final passage. 
     We also look forward to working with your Committee on other 
     fusion energy issues in the future. Please contact me with 
     any questions.
           Sincerely,
     Richard C. Barth, Ph.D.,
       Senior Vice President, Government Relations, Tri Alpha 
     Energy.
                                  ____

                                                 January 22, 2016.
     Hon. Lamar Smith, Chairman,
     Hon. Eddie Bernice Johnson, Ranking Member,
     Hon. Randy Weber, Chairman,
     Subcommittee on Energy and the House Committee on Science, 
         Space, and Technology.
       Dear Chairman Smith, Ranking Member Johnson, Chairman 
     Weber, and Senator Whitehouse, Senator Booker, and Senator 
     Risch: On behalf of UPower Technologies, I am writing to 
     commend your bipartisan leadership and foresight regarding 
     the creation and passage of H.R. 4084 and the Senate 
     companion which compose the Nuclear Energy Innovation 
     Capabilities Act (the Act).
       UPower Technologies, Inc., soon to become Oklo, Inc., is a 
     funded advanced reactor startup based in Silicon Valley. We 
     believe that what is good for all advanced nuclear is what's 
     best for the individual companies as well, and in turn what 
     is best for the industry is best for the nation. Each entity 
     in the advanced nuclear industry requires a high-functioning 
     network of a diversity of companies, manufacturers, labs, 
     suppliers, regulators, investors, and other expertise in 
     order to thrive. And the United States will require this 
     home-grown industry to be an international leader in clean 
     energy, to provide high-paying, long-term jobs, and to 
     provide clean power in a safe and reliable manner. Your 
     commendable work on the Nuclear Innovation Capabilities Act 
     will support these important U.S. goals.
       The Act is a start to look critically at potential ways 
     that the U.S. government can be more efficient both in 
     utilizing its vast, existing investments in infrastructure 
     and expertise, and in removing unreasonable blocks to 
     American innovation.

[[Page 2411]]

       The Act begins to lay out an important framework and focus 
     for the Department of Energy (DOE) regarding advanced 
     nuclear, especially regarding its relationship to industry. 
     While the DOE has many resources in place, such as a wealth 
     of valuable advanced codes and computational resources, a 
     congressional mandate to focus on making these resources more 
     accessible, cost effective, and utilized could make both the 
     DOE complex and the advanced reactor industry more vibrant.
       The Act also requires the DOE to consider locations for 
     nuclear fueled advanced reactor testing. It will be critical 
     as this process proceeds to ensure that locations for 
     implementations are not limited among the various potential 
     DOE sites and that fees and contracting are in line with 
     reasonable costs and not compensating for irrelevant or 
     excessive overhead.
       The Act institutes a focus on having a fast reactor 
     resource within the DOE complex. It will be a valuable asset 
     to both the DOE and the industry.
       The laudable goal of the Act is to streamline U.S. 
     technology development to commercialization. As such, it will 
     be critically important that the DOE work as seamlessly as 
     possible with the Nuclear Regulatory Commission (NRC) as far 
     as providing data and allowing for the licensing activities 
     required for commercialization, so that there need not be a 
     duplication of nuclear-fueled implementations--possibly an 
     exorbitant cost for any startup to survive.
       The Act also asks the NRC for a report on timeline 
     expectations for advanced reactor licensing. From the 
     perspective of current or future advanced nuclear startup 
     companies, an official report on timelines creates better 
     certainty for private investment. This is potentially a very 
     valuable provision to encourage private investment to further 
     this relatively new U.S. industry. We also encourage 
     continued dialog between the NRC, industry, and other 
     stakeholders regarding how the regulatory process can benefit 
     from significant advances in safety, further reducing 
     uncertainty and accelerating deployment of safe, clean 
     energy.
       In summary, we support H.R. 4084 and the accompanying 
     Senate bill. We appreciate the focus it brings to key areas 
     to utilize U.S. investments and infrastructure to enhance 
     U.S. innovation in clean energy. We also look forward to 
     future legislation which may add appropriation and 
     clarification of public-private contracting to further enable 
     American innovation. UPower Technologies stands ready to 
     support these important advances in U.S. energy leadership.
           Sincerely,
     Jacob DeWitte,
       CEO and founder, UPower Technologies, Inc. (changing to 
     Oklo, Inc.), Sunnyvale, CA.

  Mr. BEYER. Mr. Speaker, having no further requests for time, I yield 
back the balance of my time.
  Mr. WEBER of Texas. Mr. Speaker, how much time do I have left?
  The SPEAKER pro tempore. The gentleman from Texas has 12 minutes 
remaining.


                             General Leave

  Mr. WEBER of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and to include extraneous material on H.R. 4084, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. WEBER of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 4084 is vital to ensuring America's leadership in nuclear 
innovation. By harnessing the expertise of our Nation's National Labs, 
some of which we heard about today, its universities and entrepreneurs, 
the private sector can take the lead in developing groundbreaking 
advanced nuclear technology.
  I especially want to thank my colleagues on the Science, Space, and 
Technology Committee; of course, Ranking Member Eddie Bernice Johnson; 
those who have also cosponsored the bill, including Dan Lipinski, Barry 
Loudermilk, Ed Perlmutter, Barbara Comstock, Paul Tonko, Jim 
Bridenstine, Brian Babin, Dana Rohrabacher, Randy Hultgren, Bruce 
Westerman, Steve Knight, Bill Posey, Frank Lucas, Randy Neugebauer, and 
the gentleman from Virginia for his kind remarks. I also want to thank 
the dozens and dozens of researchers and stakeholders who came in and 
provided feedback as we developed this legislation.
  Mr. Speaker, I include in the Record a letter exchange between the 
Energy and Commerce Committee and the Science, Space, and Technology 
Committee on H.R. 4084.

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                Washington, DC, February 29, 2016.
     Hon. Lamar Smith,
     Chairman, Committee on Science, Space, and Technology, 
         Washington, DC.
       Dear Chairman Smith: I write in regard to H.R. 4084, the 
     ``Nuclear Energy Innovation Capabilities Act.'' As you are 
     aware, the bill was referred to the Committee on Science, 
     Space, and Technology, but the Committee on Energy and 
     Commerce has a jurisdictional interest in the bill. I wanted 
     to notify you that the Committee on Energy and Commerce will 
     forgo action on H.R. 4084 so that it may proceed 
     expeditiously to the House floor for consideration.
       This is done with the understanding that the Committee on 
     Energy and Commerce's jurisdictional interests over this and 
     similar legislation are in no way diminished or altered. In 
     addition, the Committee reserves the right to seek conferees 
     on H.R. 4084 and requests your support when such a request is 
     made.
       I would appreciate your response confirming this 
     understanding with respect to H.R. 4084 and ask that a copy 
     of our exchange of letters on this matter be included in the 
     Congressional Record during consideration of the bill on the 
     House floor.
           Sincerely,
                                                       Fred Upton,
     Chairman.
                                  ____

         House of Representatives, Committee on Science, Space, 
           and Technology,
                                Washington, DC, February 29, 2016.
     Hon. Fred Upton,
     Chairman, Committee on Energy and Commerce, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     4084, the ``Nuclear Energy Innovation Capabilities Act.'' 
     Your support for this legislation and your assistance in 
     ensuring its timely consideration are greatly appreciated.
       I agree that a provision in the bill is within the 
     jurisdiction of the Committee on Energy and Commerce. I 
     acknowledge that by waiving rights to further consideration 
     of H.R. 4084, your Committee is not relinquishing its 
     jurisdiction. A copy of our letters will be placed in the 
     Congressional Record during consideration of the bill on the 
     House floor.
       I value your cooperation and look forward to working with 
     you as we move ahead with this legislation.
           Sincerely,
                                                      Lamar Smith,
                                                         Chairman.

  Mr. WEBER of Texas. Mr. Speaker, I urge adoption of this commonsense, 
bipartisan legislation. I appreciate my colleagues' help.
  I yield back the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, H.R. 4084, the ``Nuclear Energy 
Innovation Capabilities Act,'' directs civilian nuclear energy research 
and development to contribute to American nuclear power.
  I thank the Energy Subcommittee Chairman, Randy Weber, and Science 
Committee Ranking Member, Eddie Bernice Johnson of Texas, for their 
leadership on this issue.
  I also want to thank many bipartisan cosponsors of the bill, which 
include Science Committee Vice Chairman Frank Lucas, Research and 
Technology Subcommittee Chairwoman Barbara Comstock and Subcommittee 
Ranking Member Dan Lipinski, Environment Subcommittee Chairman Jim 
Bridenstine, Oversight Subcommittee Chairman Barry Loudermilk, Space 
Subcommittee Chairman Brian Babin, and full committee members Dana 
Rohrabacher, Ed Perlmutter, Randy Hultgren, Paul Tonko, Bruce 
Westerman, Steve Knight, Bill Posey, and Randy Neugebauer.
  I am encouraged by the strong bipartisan support for the subsequently 
introduced Senate version of the Nuclear Energy Innovation Capabilities 
Act, which passed as an amendment to the Energy Policy Modernization 
Act by a vote of 87-4 on the Senate floor in January.
  Advanced nuclear energy technology is the best opportunity to make 
reliable, emission-free electricity available throughout the modern and 
developing world.
  America must maintain a strong nuclear technology sector in order to 
influence global nonproliferation standards. This will help us prevent 
civilian nuclear energy technology from being misused for weapons 
development overseas.
  H.R. 4084 harnesses the strengths of the Department of Energy (DOE) 
National Labs, universities, and the private sector. It ensures that 
America's best and brightest minds advance this groundbreaking science 
and technology.

[[Page 2412]]

  This legislation provides DOE with the direction and certainty it 
needs to develop plans for long term research and infrastructure 
development within the Office of Nuclear Energy.
  H.R. 4084 authorizes DOE to take advantage of the National Labs' 
supercomputers in order to accelerate research for advanced fission and 
fusion experimental reactors. This program will leverage expertise from 
the private sector, universities, and National Labs.
  The bill provides a clear timeline for DOE to complete a research 
reactor user facility within ten years. This research reactor will 
enable proprietary and academic research to develop supercomputing 
models and also design next generation nuclear energy technology.
  Finally, H.R. 4084 creates a reliable mechanism for the private 
sector to partner with DOE labs to build fission and fusion prototype 
reactors at DOE sites.
  Nuclear power has been a proven source of safe and emission-free 
electricity for over half a century. Now, America's strategic 
investments in advanced nuclear reactor technology can play a more 
meaningful role to reduce global emissions. Unfortunately, the ability 
to move innovative technology to the market has been stalled by 
government red tape.
  By working around these bureaucratic barriers, H.R. 4084 will spur 
American competitiveness and keep us on the forefront of nuclear energy 
technology.
  This legislation enables our talented engineers in the private 
sector, academia, and at the National Labs to develop the next 
generation of nuclear technology here in the United States.
  Nuclear energy can be a clean, cheap answer to an energy independent, 
pro-growth, secure future.
  I thank Chairman Weber and Ranking Member Johnson of Texas for their 
work on this bill and encourage my colleagues to support it.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today to 
support H.R. 4084, the Nuclear Energy Innovation Capabilities Act, 
which I am very pleased to co-sponsor.
  Today, nuclear power plays a vital role in providing our country with 
clean, reliable energy. Nuclear power is currently the single largest 
carbon-free component of our electrical supply. One of my top 
priorities as a Member of Congress is preventing and mitigating the 
potentially devastating impacts of climate change. I believe that 
nuclear power can and should play a key role in our efforts to reduce 
the carbon footprint of our electricity sector.
  But there currently are technical, economic, and policy challenges 
that prevent nuclear energy from playing a larger role in enabling our 
clean energy future. The Nuclear Energy Innovation Capabilities Act 
takes several positive steps to address these challenges. Implementing 
the provisions in this bill will help accelerate the development of 
advanced nuclear energy technologies that are safer, less expensive, 
more efficient, and produce less waste than the current generation of 
nuclear reactors.
  While the results of this research will clearly benefit the American 
consumers, it is my hope that it will also help spur American industry. 
As the world collectively moves towards greenhouse gas reductions, we 
need to make sure that American industry is ready to supply the 
technologies to fuel the world's low carbon future. This bill will help 
ensure that American industry will lead the world in supplying next 
generation nuclear power.
  I would like to express my appreciation for the process we followed 
to put this bill together. Majority and Minority staff worked closely 
together, from engaging stakeholders through crafting and incorporating 
suggested changes to bill language. This is a great example of what we 
can achieve when we leave politics at the door and look for common 
ground to address the challenges facing our nation's research 
enterprise. Specifically, I'd like to thank my Texas colleague Mr. 
Weber for sponsoring this legislation, and my other Texas colleague 
Chairman Smith for working with the Minority to advance this bill.
  I urge my colleagues to support this bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Weber) that the House suspend the rules and 
pass the bill, H.R. 4084, 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.

                          ____________________