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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-557
======================================================================
NUCLEAR ENERGY RESEARCH INFRASTRUCTURE ACT OF 2017
_______
February 13, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on Science, Space, and
Technology, submitted the following
R E P O R T
[To accompany H.R. 4378]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 4378) to direct the Secretary of
Energy to carry out the construction of a versatile reactor-
based fast neutron source, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 00
Section-by-Section............................................... 00
Explanation of Amendments........................................ 00
Committee Consideration.......................................... 00
Application of Law to the Legislative Branch..................... 00
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 00
Statement of General Performance Goals and Objectives............ 00
Duplication of Federal Programs.................................. 00
Disclosure of Directed Rule Makings.............................. 00
Federal Advisory Committee Act................................... 00
Unfunded Mandate Statement....................................... 00
Earmark Identification........................................... 00
Committee Estimate............................................... 00
Budget Authority and Congressional Budget Office Cost Estimate... 00
Committee Statement and Views
PURPOSE AND SUMMARY
The purpose of H.R. 4378, the ``Nuclear Energy Research
Infrastructure Act of 2017,'' is to provide for technological
innovation in nuclear energy through the prioritization of a
nuclear energy user facility in the Department of Energy (DOE)
national laboratory system.
This legislation directs the Department to construct a
Versatile Neutron Source (VNS), defined as a research reactor
capable of providing fast neutron irradiation services. This
facility will enable next generation nuclear energy research
and facilitate private sector investment and development of
advanced reactor technologies in the United States.
BACKGROUND AND NEED FOR LEGISLATION
DOE's national laboratory complex originated with the
Manhattan project and currently provides the facilities and
expertise necessary to conduct research and development (R&D;)
for military and civilian applications of nuclear energy. DOE
funds civilian nuclear energy R&D; through the national labs,
universities, and the private sector. DOE manages long-term R&D;
programs, employs highly trained scientists, and is capable of
constructing and operating research infrastructure in the
national interest that the private sector cannot undertake.
The Committee recognizes that constructing and maintaining
best-in-the-world user facilities enables research conducted by
DOE and by industry partners, and facilitates revolutionary
discoveries in nuclear energy. The next transformative
breakthroughs in innovative nuclear energy technologies will
likely arise from a strong foundation in early-stage research,
particularly in the study of fast neutrons.
The Department has unique authority under the Atomic Energy
Act of 1954, as amended, to construct and operate nuclear
reactors for R&D;, activities that would otherwise require a
license from the Nuclear Regulatory Commission (NRC or the
Commission). However, the Department has not brought a civilian
research reactor online in almost four decades. As the NRC
draws the majority of its funding from the currently operating
reactor fleet, the Commission remains heavily focused on
regulating one specific technology class and is not well suited
to advance non-light water reactors in a timely manner.
The United States also lacks sufficient capability to
conduct physical experiments for materials science, chemistry,
and fuels R&D; in the fast neutron spectrum or in a liquid
fueled reactor system.
In the 114th Congress, the Committee advanced H.R. 4084,
the Nuclear Energy Innovation Capabilities Act, which
authorized the Department to develop high-end computational
tools to model and simulate nuclear phenomena, private
development of experimental reactors and related experiments at
DOE-owned sites, and construction of the VNS, a research
reactor capable of producing fast neutrons, in order to enable
rare experiments and validate computational models.
H.R. 4378 authorizes existing Office of Nuclear Energy
funding to construct the VNS, ensuring the Department will
invest in research infrastructure that will enable scientists
and engineers to conduct the necessary experiments to develop
new nuclear energy technologies and advance scientific
knowledge. This legislation also requires that to the maximum
extent practicable, the Secretary of Energy shall ensure that
the start of full operations of the VNS occurs before December
31, 2025.
LEGISLATIVE HISTORY
On December 11, 2014, the Energy Subcommittee held a
hearing titled, ``The Future of Nuclear Energy.'' Witnesses
were: The Honorable Peter Lyons, Assistant Secretary for
Nuclear Energy, U.S. Department of Energy; Dr. Ashley Finan,
Senior Project Manager, Energy Innovation Project, Clean Air
Task Force; Mr. Mike McGough, Chief Commercial Officer, NuScale
Power; Dr. Leslie Dewan, Co-founder and Chief Executive
Officer, Transatomic Power; Mr. Daniel Lipman, Executive
Director, Policy Development, Nuclear Energy Institute.
On January 28, 2015, the Energy Subcommittee held a hearing
titled, ``Supercomputing and American Technology Leadership.''
Witnesses were: Mr. Norman Augustine, Board Member, Bipartisan
Policy Center; Dr. Roscoe Giles, Chairman, DOE Advanced
Scientific Computing Advisory Committee; Mr. Dave Turek, Vice
President, Technical Computing, IBM; Dr. James Crowley,
Executive Director, Society for Industrial and Applied
Mathematics.
On May 13, 2015, the Energy Subcommittee held a hearing
titled, ``Nuclear Energy Innovation and the National Labs.''
Witnesses were: Dr. Mark Peters, Associate Laboratory Director,
Energy and Global Security, Argonne National Laboratory; Mr.
Frank Batten, Jr., President, The Landmark Foundation; Mr.
Nathan Gilliland, CEO, General Fusion; Dr. John Parmentola,
Senior Vice President, Energy and Advanced Concepts, General
Atomics.
On June 17, 2015, the Energy Subcommittee held a hearing
titled, ``Department of Energy Oversight: Energy Innovation
Hubs.'' Witnesses were: Dr. Harry A. Atwater, Director, Joint
Center for Artificial Photosynthesis (JCAP); Dr. Jess Gehin,
Director, Consortium for Advanced Simulation of Light Water
Reactors (CASL); Dr. George Crabtree, Director, Joint Center
for Energy Storage Research (JCESR); Dr. Alex King, Director,
Critical Materials Institute (CMI).
On July 29, 2015, the Energy Subcommittee held a hearing
titled, ``A Review of the Nuclear Regulatory Commission's
Licensing Process.'' The witness was The Honorable Stephen G.
Burns, Chairman, U.S. Nuclear Regulatory Commission.
On November 18, 2015, the Energy Subcommittee held a
hearing titled, ``Recommendations of the Commission to Review
the Effectiveness of the National Energy Laboratories.''
Witnesses were: Mr. TJ Glauthier, Co-Chair, Commission to
Review the Effectiveness of the National Energy Laboratories;
Dr. Jared Cohon, Co-Chair, Commission to Review the
Effectiveness of the National Energy Laboratories; Dr. Peter
Littlewood, Director, Argonne National Laboratory.
On November 19, 2015, Energy Subcommittee Chairman Randy
Weber introduced H.R. 4084, the Nuclear Energy Innovation
Capabilities Act.
On December 3, 2015, the Energy Subcommittee held a hearing
titled ``H.R. 4084, the Nuclear Energy Innovation Capabilities
Act.'' Witnesses were: Mr. John Kotek, Acting Assistant
Secretary, Office of Nuclear Energy, U.S. Department of Energy;
Dr. Dale Klein, Associate Vice Chancellor for Research,
University of Texas; Mr. Ray Rothrock, Partner Emeritus,
Venrock.
On January 21, 2016, Sen. Mike Crapo introduced S. 2461,
companion legislation to H.R. 4084, in the Senate. This
legislation was adopted as an amendment to S. 2012, the Energy
Policy Modernization Act, by a vote of 87-4 on January 28,
2016.
On February 26, 2016, H.R. 4084 passed the House by voice
vote.
On March 22, 2016, the Committee held a hearing titled,
``An Overview of the Budget Proposal for the Department of
Energy for Fiscal Year 2017.'' The witness was The Honorable
Ernest Moniz, Secretary of Energy, U.S. Department of Energy.
On May 18, 2016, H.R.4909, the National Defense
Authorization Act for Fiscal Year 2017, which included the text
of H.R. 4084 as an amendment, passed the House by recorded
vote, 277-147.
On June 28, 2017, the Energy Subcommittee and the Research
and Technology Subcommittee held a hearing titled, ``Material
Science: Building the Future.'' Witnesses were: Dr. Matthew
Tirrell, Deputy Laboratory Director for Science and Chief
Research Officer, Argonne National Laboratory; Dr. Laurie
Locascio, Acting Associate Director for Laboratory Programs and
Director, Material Measurement Laboratory, National Institute
of Standards and Technology; Dr. Adam Schwartz, Director, Ames
Laboratory; Dr. Fred Higgs, John and Ann Doerr Professor of
Mechanical Engineering, Rice University.
On January 11, 2017, Energy Subcommittee Chairman Weber
introduced H.R. 431, the Nuclear Energy Innovation Capabilities
Act of 2017.
On January 24, 2017, H.R. 589, the Department of Energy
Research and Innovation Act introduced by Chairman Lamar Smith,
which included the text of H.R. 431 as Title IV, passed the
House by voice vote.
On July 19, 2017, the Committee held a hearing titled,
``Energy Innovation: Letting Technology Lead.'' Witnesses were:
Dr. Jacob DeWitte, President and CEO, Oklo; Dr. Gaurav N. Sant,
Associate Professor and Henry Samueli Fellow, Department of
Civil and Environmental Engineering, Henry Samueli School of
Engineering and Applied Science, University of California, Los
Angeles; Dr. Venky Narayanamurti, Benjamin Peirce Research
Professor of Technology and Public Policy, John A. Paulson
School of Engineering and Applied Science, Harvard University;
Mr. Kiran Kumaraswamy, Market Development Director, AES Energy
Storage.
On November 13, 2017, H.R. 4378, the Nuclear Energy
Research Infrastructure Act of 2017, was introduced by Energy
Subcommittee Chairman Weber and referred to the Committee on
Science, Space, and Technology.
On November 15, 2017, the Committee approved and ordered
reported H.R. 4378 by voice vote.
COMMITTEE VIEWS
Versatile Neutron Source
H.R. 4378 authorizes the construction of the VNS to provide
the necessary infrastructure to enable experiments to advance
scientific knowledge, validate computational models, and
develop new nuclear energy technologies. This includes the
capability to provide fast neutron spectrum irradiation and the
capacity for upgrades to accommodate new or expanded research
needs to maximize the user base for this research facility.
In order to ensure the on-schedule, on-budget construction
of this project, the Committee included a timeline and
sufficient annual authorizations in this legislation requiring
the Department to complete the VNS by the close of 2025.
However, the Committee encourages the Department to design this
facility in such a way that it may accommodate expansions and
upgrades to enable new testing scenarios that may not be
available in 2025 timeframe. The Committee expects the
Department to pursue every available option to adhere to the
timeline described in the legislation.
The Committee also encourages the Department to fully
consider options to construct this facility under its existing
authority pursuant to Sec. 110 of the Atomic Energy Act of 1954
(42 U.S.C. 2140), and to explore opportunities to incorporate
technical assistance from the NRC for analysis relevant to the
design, construction, and operation of the VNS.
The Committee finds that this authorization will provide
the DOE Office of Nuclear Energy with a long-term funding
priority that clearly communicates a U.S. commitment to
developing advanced nuclear technologies, and will encourage
the private sector to invest in the development of advanced
reactor technologies in the United States.
Section-by-Section
Sec. 1. Short title
Nuclear Energy Research Infrastructure Act of 2017.
Sec. 2. Versatile Neutron Source
This section would authorize the construction of the VNS
over eight years. This facility will provide a reactor-based
source of fast neutrons for nuclear energy research, and enable
scientists in academia and the private sector to advance
scientific knowledge, validate computational models, and
conduct experiments that would otherwise not be possible in
order to develop next generation materials, fuels, and nuclear
energy technologies.
Explanation of Amendments
There were no amendments to this bill.
Committee Consideration
On November 15, 2017, the Committee met in open session and
ordered reported favorably the bill, H.R. 4378, by voice vote,
a quorum being present.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill provides for technological innovation in nuclear
energy through the construction of a nuclear energy user
facility in the DOE national laboratory system. As such, this
bill does not relate to employment or access to public services
and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
H.R. 4378 provides for technological innovation in nuclear
energy through the construction of a nuclear energy user
facility in the DOE national laboratory system.
Duplication of Federal Programs
No provision of H.R. 4378 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 4378 does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 4378 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of Rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 4378. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 4378 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 4, 2017.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4378, the Nuclear
Energy Research Infrastructure Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 4378--Nuclear Energy Research Infrastructure Act of 2017
Summary: H.R. 4378 would authorize appropriations for the
Department of Energy (DOE) to establish a test reactor to
support research and development of advanced nuclear reactor
technologies. Assuming appropriation of the authorized amounts,
CBO estimates that implementing the bill would cost nearly $2
billion over the 2018-2027 period.
Enacting H.R. 4378 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 4378 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 4378 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 4378 is shown in the following table.
The costs of this legislation fall within budget function 270
(energy).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018-2022 2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level............................... 35 100 200 260 340 350 350 350 0 0 935 1,985
Estimated Outlays................................. 11 41 101 172 250 305 338 349 245 140 575 1,952
--------------------------------------------------------------------------------------------------------------------------------------------------------
Basis of estimate: H.R. 4378 would authorize appropriations
totaling nearly $2 billion for DOE to establish, before
calendar year 2026, a nuclear test reactor to support the
research and development of advanced nuclear technologies. The
bill also would specify technical capabilities that the
proposed reactor must provide and would direct DOE to operate
it as a national user facility that would be available for
external use by nonfederal entities. Finally, the bill would
direct DOE to consult the private sector, universities,
national laboratories, and other federal agencies when it
developed such a facility.
According to DOE, the agency is currently assessing the
need for a test reactor similar to the one envisioned under
H.R. 4378, the costs of which are uncertain. Assuming
appropriation of the specified amounts, CBO estimates that
federal spending to support the development of such a facility
would total nearly $2 billion over the 2018-2027 period. That
estimate is based on historical spending patterns for similar
activities administered by DOE.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
Mandates: H.R. 4378 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Megan Carroll;
Mandates: Jon Sperl.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
[all]
