PUBLIC LAW 115–248—SEPT. 28, 2018 

NUCLEAR ENERGY INNOVATION 

CAPABILITIES ACT OF 2017 


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132 STAT. 3154 PUBLIC LAW 115–248—SEPT. 28, 2018 

Public Law 115–248 

115th Congress 

An Act 

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. 

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). 

Nuclear Energy 

Innovation 

Capabilities 

Act of 2017. 

42 USC 15801 

note. 

Sept. 28, 2018 

[S. 97] 


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PUBLIC LAW 115–248—SEPT. 28, 2018 132 STAT. 3155 

‘‘(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 

‘‘(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’’. 


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132 STAT. 3156 PUBLIC LAW 115–248—SEPT. 28, 2018 

(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 hightemperature 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). 

Plan. 

Deadline. 

Determination. 


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PUBLIC LAW 115–248—SEPT. 28, 2018 132 STAT. 3157 

‘‘(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 

42 USC 16278. 


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132 STAT. 3158 PUBLIC LAW 115–248—SEPT. 28, 2018 

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.— 

Memorandum. 


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PUBLIC LAW 115–248—SEPT. 28, 2018 132 STAT. 3159 

‘‘(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; 

‘‘(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: 

Consultation. 


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132 STAT. 3160 PUBLIC LAW 115–248—SEPT. 28, 2018 

‘‘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. 

42 USC 16280. 

List. 

Deadline. 

42 USC 16279. 


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PUBLIC LAW 115–248—SEPT. 28, 2018 132 STAT. 3161 

LEGISLATIVE HISTORY—S. 97: 

SENATE REPORTS: No. 115–115 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Mar. 7, considered and passed Senate. 

Sept. 13, considered and passed House. 

Æ 

(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. 

Approved September 28, 2018. 


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