Nuclear Energy Innovation Capabilities Act

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. 1. Short title This Act may be cited as the Nuclear Energy Innovation Capabilities Act 2. Nuclear energy Section 951 of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 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 (2) Fast neutron The term fast neutron (3) National laboratory The term National Laboratory (4) Neutron flux The term neutron flux (5) Neutron source The term neutron source (c) Sense of Congress It is the sense of the Congress that nuclear energy, through 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. . 3. Nuclear energy research programs Section 952 of the Energy Policy Act of 2005 ( 42 U.S.C. 16272 (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 4. Advanced fuel cycle initiative Section 953(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16273(a) , acting through the Director of the Office of Nuclear Energy, Science and Technology, 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) as part of a taking into consideration effort that emphasizes that emphasize 6. Department of Energy civilian nuclear infrastructure and facilities Section 955 of the Energy Policy Act of 2005 ( 42 U.S.C. 16275 (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. . 7. Security of nuclear facilities Section 956 of the Energy Policy Act of 2005 ( 42 U.S.C. 16276 , acting through the Director of the Office of Nuclear Energy, Science and Technology, 8. High-performance computation and supportive research Section 957 of the Energy Policy Act of 2005 ( 42 U.S.C. 16277 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. . 9. Enabling nuclear energy innovation Subtitle E of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 et seq. 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 (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. . 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. 959. Budget plan Not later than 12 months after the date of enactment of the Nuclear Energy Innovation Capabilities Act (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 (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. 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. . February 29, 2016 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Nuclear Energy Innovation Capabilities Act (Sec. 2) This bill amends the Energy Policy Act of 2005 to revise the objectives of the civilian nuclear energy research, development, demonstration, and commercial application programs of the Department of Energy (DOE) to emphasize: 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; and 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. The bill expresses the sense of Congress regarding nuclear energy, urging DOE to focus its civilian nuclear research and development activities towards programs that enable the private sector, National Laboratories, and universities to carry out experiments necessary to promote scientific progress and enhance practical knowledge of nuclear engineering. (Sec. 3) The bill repeals the Nuclear Power 2010 Program, and makes technical corrections removing the Office of Nuclear Energy, Science and Technology as the designated entity to conduct the research, development, and demonstration programs on advanced fuel recycling technology and cost-effective technologies for increasing the safety and security of nuclear facilities. (The Office of Nuclear Energy, Science and Technology was replaced in DOE by the Office of Nuclear Energy, the Office of Science, and the Office of Technology Transitions.) (Sec. 6) The bill repeals requirements for development of a comprehensive plan for the operation and maintenance of its facilities at the Idaho National Laboratory to support civilian nuclear energy research, development, demonstration, and commercial application programs, including radiological facilities management, isotope production, and facilities management. By December 31, 2016, DOE shall instead determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility and, if such a need is determined, give Congress a plan to establish the facility. DOE shall ensure that the user facility will provide at a minimum: fast neutron spectrum irradiation capability, and capacity for upgrades to accommodate new or expanded research needs. The DOE shall leverage from the Office of Science the best practices for management, construction, and operation of national user facilities. (Sec. 8) The bill repeals the requirement that by August 1, 2006, DOE submit to Congress the results of a survey of alternatives to industrial applications of large radioactive sources. DOE shall instead carry out a program to enhance the nation's capabilities to develop new reactor technologies through high-performance computing modeling and simulation techniques. Such program shall coordinate with relevant federal agencies through the National Strategic Computing Initiative while taking into account specified objectives. (Sec. 9) DOE shall also carry out a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector. DOE 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 DOE-owned sites while ensuring safety for persons working within those sites. Such reactors shall operate to enable physical validation of novel reactor concepts and generate research and development to improve nascent technologies. DOE shall assess its capabilities to authorize, host, and oversee privately funded fusion and advanced fission experimental reactors. (Sec. 10) Within 12 months of this bill's enactment, DOE must submit to Congress two alternative 10-year budget plans for civilian nuclear energy research and development by the DOE, one assuming constant annual funding for 10 years at the appropriated FY2016 level, and the other an unconstrained budget. DOE must also identify to Congress: engineering designs for innovative fusion energy systems with the potential to demonstrate net energy production within 15 years of the start of construction, and budgetary requirements necessary for DOE to carry out a fusion innovation initiative to accelerate research and development of those designs.