115TH CONGRESS 

2D SESSION S. 97 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Nuclear Energy Inno3 vation Capabilities Act of 2017’’. 

4 SEC. 2. NUCLEAR ENERGY INNOVATION CAPABILITIES. 

5 (a) NUCLEAR ENERGY.—Section 951 of the Energy 

6 Policy Act of 2005 (42 U.S.C. 16271) is amended to read 

7 as follows: 

8 ‘‘SEC. 951. NUCLEAR ENERGY. 

9 ‘‘(a) MISSION.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall carry 

11 out programs of civilian nuclear research, develop12 ment, demonstration, and commercial application, 

13 including activities under this subtitle. 

14 ‘‘(2) CONSIDERATIONS.—The programs carried 

15 out under paragraph (1) shall take into consider16 ation the following objectives: 

17 ‘‘(A) Providing research infrastructure to 

18 promote scientific progress and enable users 

19 from academia, the National Laboratories, and 

20 the private sector to make scientific discoveries 

21 relevant for nuclear, chemical, and materials 

22 science engineering. 

23 ‘‘(B) Maintaining nuclear energy research 

24 and development programs at the National 

25 Laboratories and institutions of higher edu26 cation, including infrastructure at the National 
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1 Laboratories and institutions of higher edu2 cation. 

3 ‘‘(C) Providing the technical means to re4 duce the likelihood of nuclear proliferation. 

5 ‘‘(D) Increasing confidence margins for 

6 public safety of nuclear energy systems. 

7 ‘‘(E) Reducing the environmental impact 

8 of activities relating to nuclear energy. 

9 ‘‘(F) Supporting technology transfer from 

10 the National Laboratories to the private sector. 

11 ‘‘(G) Enabling the private sector to part12 ner with the National Laboratories to dem13 onstrate novel reactor concepts for the purpose 

14 of resolving technical uncertainty associated 

15 with the objectives described in subparagraphs 

16 (A) through (F). 

17 ‘‘(b) DEFINITIONS.—In this subtitle: 

18 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 

19 term ‘advanced nuclear reactor’ means— 

20 ‘‘(A) a nuclear fission reactor with signifi21 cant improvements over the most recent genera22 tion of nuclear fission reactors, which may in23 clude— 

24 ‘‘(i) inherent safety features; 

25 ‘‘(ii) lower waste yields; 
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1 ‘‘(iii) greater fuel utilization; 

2 ‘‘(iv) superior reliability; 

3 ‘‘(v) resistance to proliferation; 

4 ‘‘(vi) increased thermal efficiency; and 

5 ‘‘(vii) the ability to integrate into elec6 tric and nonelectric applications; or 

7 ‘‘(B) a nuclear fusion reactor. 

8 ‘‘(2) COMMISSION.—The term ‘Commission’ 

9 means the Nuclear Regulatory Commission. 

10 ‘‘(3) FAST NEUTRON.—The term ‘fast neutron’ 

11 means a neutron with kinetic energy above 100 

12 kiloelectron volts. 

13 ‘‘(4) NATIONAL LABORATORY.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the term ‘National Labora16 tory’ has the meaning given the term in section 

17 2. 

18 ‘‘(B) LIMITATION.—With respect to the 

19 Lawrence Livermore National Laboratory, the 

20 Los Alamos National Laboratory, and the 

21 Sandia National Laboratories, the term ‘Na22 tional Laboratory’ means only the civilian ac23 tivities of the laboratory. 
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1 ‘‘(5) NEUTRON FLUX.—The term ‘neutron flux’ 

2 means the intensity of neutron radiation measured 

3 as a rate of flow of neutrons applied over an area. 

4 ‘‘(6) NEUTRON SOURCE.—The term ‘neutron 

5 source’ means a research machine that provides neu6 tron irradiation services for— 

7 ‘‘(A) research on materials sciences and 

8 nuclear physics; and 

9 ‘‘(B) testing of advanced materials, nuclear 

10 fuels, and other related components for reactor 

11 systems.’’. 

12 (b) NUCLEAR ENERGY RESEARCH PROGRAMS.— 

13 (1) IN GENERAL.—Section 952 of the Energy 

14 Policy Act of 2005 (42 U.S.C. 16272) is amended— 

15 (A) by striking subsection (c); and 

16 (B) by redesignating subsections (d) and 

17 (e) as subsections (c) and (d), respectively. 

18 (2) CONFORMING AMENDMENT.—Section 

19 641(b)(1) of the Energy Policy Act of 2005 (42 

20 U.S.C. 16021(b)(1)) is amended by striking ‘‘section 

21 942(d)’’ and inserting ‘‘section 952(c)’’. 

22 (c) ADVANCED FUEL CYCLE INITIATIVE.—Section 

23 953(a) of the Energy Policy Act of 2005 (42 U.S.C. 

24 16273(a)) is amended by striking ‘‘, acting through the 
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1 Director of the Office of Nuclear Energy, Science and 

2 Technology,’’. 

3 (d) UNIVERSITY NUCLEAR SCIENCE AND ENGINEER4 ING SUPPORT.—Section 954(d)(4) of the Energy Policy 

5 Act of 2005 (42 U.S.C. 16274(d)(4)) is amended by strik6 ing ‘‘as part of a taking into consideration effort that em7 phasizes’’ and inserting ‘‘that emphasize’’. 

8 (e) DEPARTMENT OF ENERGY CIVILIAN NUCLEAR

9 INFRASTRUCTURE AND FACILITIES.—Section 955 of the 

10 Energy Policy Act of 2005 (42 U.S.C. 16275) is amend11 ed— 

12 (1) by striking subsections (c) and (d); and 

13 (2) by adding at the end the following: 

14 ‘‘(c) VERSATILE NEUTRON SOURCE.— 

15 ‘‘(1) MISSION NEED.— 

16 ‘‘(A) IN GENERAL.—Not later than De17 cember 31, 2017, the Secretary shall determine 

18 the mission need for a versatile reactor-based 

19 fast neutron source, which shall operate as a 

20 national user facility. 

21 ‘‘(B) CONSULTATIONS REQUIRED.—In car22 rying out subparagraph (A), the Secretary shall 

23 consult with the private sector, institutions of 

24 higher education, the National Laboratories, 

25 and relevant Federal agencies to ensure that 
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1 the user facility described in subparagraph (A) 

2 will meet the research needs of the largest prac3 ticable majority of prospective users. 

4 ‘‘(2) ESTABLISHMENT.—As soon as practicable 

5 after determining the mission need under paragraph 

6 (1)(A), the Secretary shall submit to the appropriate 

7 committees of Congress a detailed plan for the es8 tablishment of the user facility. 

9 ‘‘(3) FACILITY REQUIREMENTS.— 

10 ‘‘(A) CAPABILITIES.—The Secretary shall 

11 ensure that the user facility will provide, at a 

12 minimum, the following capabilities: 

13 ‘‘(i) Fast neutron spectrum irradia14 tion capability. 

15 ‘‘(ii) Capacity for upgrades to accom16 modate new or expanded research needs. 

17 ‘‘(B) CONSIDERATIONS.—In carrying out 

18 the plan submitted under paragraph (2), the 

19 Secretary shall consider the following: 

20 ‘‘(i) Capabilities that support experi21 mental high-temperature testing. 

22 ‘‘(ii) Providing a source of fast neu23 trons at a neutron flux, higher than that 

24 at which current research facilities operate, 
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1 sufficient to enable research for an optimal 

2 base of prospective users. 

3 ‘‘(iii) Maximizing irradiation flexibility 

4 and irradiation volume to accommodate as 

5 many concurrent users as possible. 

6 ‘‘(iv) Capabilities for irradiation with 

7 neutrons of a lower energy spectrum. 

8 ‘‘(v) Multiple loops for fuels and ma9 terials testing in different coolants. 

10 ‘‘(vi) Additional pre-irradiation and 

11 post-irradiation examination capabilities. 

12 ‘‘(vii) Lifetime operating costs and 

13 lifecycle costs. 

14 ‘‘(4) DEADLINE FOR ESTABLISHMENT.—The 

15 Secretary shall, to the maximum extent practicable, 

16 complete construction of, and approve the start of 

17 operations for, the user facility by not later than De18 cember 31, 2025. 

19 ‘‘(5) REPORTING.—The Secretary shall include 

20 in the annual budget request of the Department an 

21 explanation for any delay in the progress of the De22 partment in completing the user facility by the dead23 line described in paragraph (4). 

24 ‘‘(6) COORDINATION.—The Secretary shall le25 verage the best practices for management, construc-
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1 tion, and operation of national user facilities from 

2 the Office of Science.’’. 

3 (f) SECURITY OF NUCLEAR FACILITIES.—Section 

4 956 of the Energy Policy Act of 2005 (42 U.S.C. 16276) 

5 is amended by striking ‘‘, acting through the Director of 

6 the Office of Nuclear Energy, Science and Technology,’’. 

7 (g) HIGH-PERFORMANCE COMPUTATION AND SUP8 PORTIVE RESEARCH.—Section 957 of the Energy Policy 

9 Act of 2005 (42 U.S.C. 16277) is amended to read as 

10 follows: 

11 ‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUP12 PORTIVE RESEARCH. 

13 ‘‘(a) MODELING AND SIMULATION.—The Secretary 

14 shall carry out a program to enhance the capabilities of 

15 the United States to develop new reactor technologies 

16 through high-performance computation modeling and sim17 ulation techniques. 

18 ‘‘(b) COORDINATION.—In carrying out the program 

19 under subsection (a), the Secretary shall coordinate with 

20 relevant Federal agencies as described by the National 

21 Strategic Computing Initiative established by Executive 

22 Order 13702 (80 Fed. Reg. 46177 (July 29, 2015)), while 

23 taking into account the following objectives: 

24 ‘‘(1) Using expertise from the private sector, in25 stitutions of higher education, and the National 
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1 Laboratories to develop computational software and 

2 capabilities that prospective users may access to ac3 celerate research and development of advanced nu4 clear reactor systems and reactor systems for space 

5 exploration. 

6 ‘‘(2) Developing computational tools to simulate 

7 and predict nuclear phenomena that may be vali8 dated through physical experimentation. 

9 ‘‘(3) Increasing the utility of the research infra10 structure of the Department by coordinating with 

11 the Advanced Scientific Computing Research pro12 gram within the Office of Science. 

13 ‘‘(4) Leveraging experience from the Energy In14 novation Hub for Modeling and Simulation. 

15 ‘‘(5) Ensuring that new experimental and com16 putational tools are accessible to relevant research 

17 communities, including private sector entities en18 gaged in nuclear energy technology development. 

19 ‘‘(c) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec20 retary shall consider support for additional research activi21 ties to maximize the utility of the research facilities of the 

22 Department, including physical processes— 

23 ‘‘(1) to simulate degradation of materials and 

24 behavior of fuel forms; and 

25 ‘‘(2) for validation of computational tools.’’. 
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1 (h) ENABLING NUCLEAR ENERGY INNOVATION.— 

2 Subtitle E of title IX of the Energy Policy Act of 2005 

3 (42 U.S.C. 16271 et seq.) is amended by adding at the 

4 end the following: 

5 ‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. 

6 ‘‘(a) NATIONAL REACTOR INNOVATION CENTER.— 

7 There is authorized a program to enable the testing and 

8 demonstration of reactor concepts to be proposed and 

9 funded, in whole or in part, by the private sector. 

10 ‘‘(b) TECHNICAL EXPERTISE.—In carrying out the 

11 program under subsection (a), the Secretary shall leverage 

12 the technical expertise of relevant Federal agencies and 

13 the National Laboratories in order to minimize the time 

14 required to enable construction and operation of privately 

15 funded experimental reactors at National Laboratories or 

16 other Department-owned sites. 

17 ‘‘(c) OBJECTIVES.—The reactors described in sub18 section (b) shall operate to meet the following objectives: 

19 ‘‘(1) Enabling physical validation of advanced 

20 nuclear reactor concepts. 

21 ‘‘(2) Resolving technical uncertainty and in22 creasing practical knowledge relevant to safety, resil23 ience, security, and functionality of advanced nuclear 

24 reactor concepts. 
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1 ‘‘(3) General research and development to im2 prove nascent technologies. 

3 ‘‘(d) SHARING TECHNICAL EXPERTISE.—In carrying 

4 out the program under subsection (a), the Secretary may 

5 enter into a memorandum of understanding with the 

6 Chairman of the Commission in order to share technical 

7 expertise and knowledge through— 

8 ‘‘(1) enabling the testing and demonstration of 

9 advanced nuclear reactor concepts to be proposed 

10 and funded, in whole or in part, by the private sec11 tor; 

12 ‘‘(2) operating a database to store and share 

13 data and knowledge relevant to nuclear science and 

14 engineering between Federal agencies and the pri15 vate sector; 

16 ‘‘(3) developing and testing electric and non17 electric integration and energy conversion systems 

18 relevant to advanced nuclear reactors; 

19 ‘‘(4) leveraging expertise from the Commission 

20 with respect to safety analysis; and 

21 ‘‘(5) enabling technical staff of the Commission 

22 to actively observe and learn about technologies de23 veloped under the program. 
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1 ‘‘(e) AGENCY COORDINATION.—The Chairman of the 

2 Commission and the Secretary shall enter into a memo3 randum of understanding regarding the following: 

4 ‘‘(1) Ensuring that— 

5 ‘‘(A) the Department has sufficient tech6 nical expertise to support the timely research, 

7 development, demonstration, and commercial 

8 application by the civilian nuclear industry of 

9 safe and innovative advanced nuclear reactor 

10 technology; and 

11 ‘‘(B) the Commission has sufficient tech12 nical expertise to support the evaluation of ap13 plications for licenses, permits, and design cer14 tifications and other requests for regulatory ap15 proval for advanced nuclear reactors. 

16 ‘‘(2) The use of computers and software codes 

17 to calculate the behavior and performance of ad18 vanced nuclear reactors based on mathematical mod19 els of the physical behavior of advanced nuclear re20 actors. 

21 ‘‘(3) Ensuring that— 

22 ‘‘(A) the Department maintains and devel23 ops the facilities necessary to enable the timely 

24 research, development, demonstration, and com25 mercial application by the civilian nuclear in-
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1 dustry of safe and innovative reactor tech2 nology; and 

3 ‘‘(B) the Commission has access to the fa4 cilities described in subparagraph (A), as need5 ed. 

6 ‘‘(f) REPORTING REQUIREMENTS.— 

7 ‘‘(1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of the Nuclear Energy 

9 Innovation Capabilities Act of 2017, the Secretary, 

10 in consultation with the National Laboratories, rel11 evant Federal agencies, and other stakeholders, shall 

12 submit to the appropriate committees of Congress a 

13 report assessing the capabilities of the Department 

14 to authorize, host, and oversee privately funded ex15 perimental advanced nuclear reactors as described in 

16 subsection (b). 

17 ‘‘(2) CONTENTS.—The report submitted under 

18 paragraph (1) shall address— 

19 ‘‘(A) the safety review and oversight capa20 bilities of the Department, including options to 

21 leverage expertise from the Commission and the 

22 National Laboratories; 

23 ‘‘(B) options to regulate privately proposed 

24 and funded experimental reactors hosted by the 

25 Department; 
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1 ‘‘(C) potential sites capable of hosting pri2 vately funded experimental advanced nuclear re3 actors; 

4 ‘‘(D) the efficacy of the available contrac5 tual mechanisms of the Department to partner 

6 with the private sector and Federal agencies, 

7 including cooperative research and development 

8 agreements, strategic partnership projects, and 

9 agreements for commercializing technology; 

10 ‘‘(E) the liability of the Federal Govern11 ment with respect to the disposal of low-level 

12 radioactive waste, spent nuclear fuel, or high13 level radioactive waste (as those terms are de14 fined in section 2 of the Nuclear Waste Policy 

15 Act of 1982 (42 U.S.C. 10101)); 

16 ‘‘(F) the impact on the aggregate inven17 tory in the United States of low-level radio18 active waste, spent nuclear fuel, or high-level 

19 radioactive waste (as those terms are defined in 

20 section 2 of the Nuclear Waste Policy Act of 

21 1982 (42 U.S.C. 10101)); 

22 ‘‘(G) potential cost structures relating to 

23 physical security, decommissioning, liability, 

24 and other long-term project costs; and 
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1 ‘‘(H) other challenges or considerations 

2 identified by the Secretary. 

3 ‘‘(3) UPDATES.—Once every 2 years, the Sec4 retary shall update relevant provisions of the report 

5 submitted under paragraph (1) and submit to the 

6 appropriate committees of Congress the update. 

7 ‘‘(g) SAVINGS CLAUSES.— 

8 ‘‘(1) LICENSING REQUIREMENT.—Nothing in 

9 this section authorizes the Secretary or any person 

10 to construct or operate a nuclear reactor for the pur11 pose of demonstrating the suitability for commercial 

12 application of the nuclear reactor unless licensed by 

13 the Commission in accordance with section 202 of 

14 the Energy Reorganization Act of 1974 (42 U.S.C. 

15 5842). 

16 ‘‘(2) FINANCIAL PROTECTION.—Any activity 

17 carried out under this section that involves the risk 

18 of public liability shall be subject to the financial 

19 protection or indemnification requirements of section 

20 170 of the Atomic Energy Act of 1954 (42 U.S.C. 

21 2210) (commonly known as the ‘Price-Anderson 

22 Act’).’’. 

23 (i) BUDGET PLAN.—Subtitle E of title IX of the En24 ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as 
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1 amended by subsection (h)) is amended by adding at the 

2 end the following: 

3 ‘‘SEC. 959. BUDGET PLAN. 

4 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of the Nuclear Energy Innovation Ca6 pabilities Act of 2017, the Secretary shall submit to the 

7 Committee on Energy and Natural Resources of the Sen8 ate and the Committee on Science, Space, and Technology 

9 of the House of Representatives 2 alternative 10-year 

10 budget plans for civilian nuclear energy research and de11 velopment by the Secretary, as described in subsections 

12 (b) through (d). 

13 ‘‘(b) BUDGET PLAN ALTERNATIVE 1.—One of the 

14 budget plans submitted under subsection (a) shall assume 

15 constant annual funding for 10 years at the appropriated 

16 level for the civilian nuclear energy research and develop17 ment of the Department for fiscal year 2016. 

18 ‘‘(c) BUDGET PLAN ALTERNATIVE 2.—One of the 

19 budget plans submitted under subsection (a) shall be an 

20 unconstrained budget. 

21 ‘‘(d) INCLUSIONS.—Each alternative budget plan 

22 submitted under subsection (a) shall include— 

23 ‘‘(1) a prioritized list of the programs, projects, 

24 and activities of the Department to best support the 
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1 development of advanced nuclear reactor tech2 nologies; 

3 ‘‘(2) realistic budget requirements for the De4 partment to implement sections 955(c), 957, and 

5 958; and 

6 ‘‘(3) the justification of the Department for 

7 continuing or terminating existing civilian nuclear 

8 energy research and development programs.’’. 

9 (j) REPORT ON FUSION INNOVATION.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of enactment of this Act, the Sec12 retary of Energy shall submit to the Committee on 

13 Energy and Natural Resources of the Senate and 

14 the Committee on Science, Space, and Technology of 

15 the House of Representatives a report identifying 

16 engineering designs for innovative fusion energy sys17 tems that have the potential to demonstrate net en18 ergy production not later than 15 years after the 

19 start of construction. 

20 (2) INCLUSIONS.—The report submitted under 

21 paragraph (1) shall identify budgetary requirements 

22 that would be necessary for the Department of En23 ergy to carry out a fusion innovation initiative to ac24 celerate research and development of the engineering 

25 designs identified in the report. 
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1 (k) CONFORMING AMENDMENTS.—The table of con2 tents for the Energy Policy Act of 2005 is amended by 

3 striking the item relating to section 957 and inserting the 

4 following: 

‘‘957. High-performance computation and supportive research. 

‘‘958. Enabling nuclear energy innovation. 

‘‘959. Budget plan.’’. 

5 SEC. 3. ADVANCED NUCLEAR ENERGY LICENSING COST6 SHARE GRANT PROGRAM. 

7 (a) DEFINITIONS.—In this section: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Nuclear Regulatory Commission. 

10 (2) PROGRAM.—The term ‘‘program’’ means 

11 the Advanced Nuclear Energy Cost-Share Grant 

12 Program established under subsection (b). 

13 (3) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Energy. 

15 (b) ESTABLISHMENT.—The Secretary shall establish 

16 a grant program, to be known as the ‘‘Advanced Nuclear 

17 Energy Cost-Share Grant Program’’, under which the Sec18 retary shall make cost-share grants to applicants for the 

19 purpose of funding a portion of the Commission fees of 

20 the applicant for pre-application review activities and ap21 plication review activities. 

22 (c) REQUIREMENT.—The Secretary shall seek out 

23 technology diversity in making grants under the program. 
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1 (d) COST-SHARE AMOUNT.—The Secretary shall de2 termine the cost-share amount for each grant under the 

3 program in accordance with section 988 of the Energy 

4 Policy Act of 2005 (42 U.S.C. 16352). 

5 (e) USE OF FUNDS.—A recipient of a grant under 

6 the program may use the grant funds to cover Commission 

7 fees, including those fees associated with— 

8 (1) developing a licensing project plan; 

9 (2) obtaining a statement of licensing feasi10 bility; 

11 (3) reviewing topical reports; and 

12 (4) other— 

13 (A) pre-application review activities; 

14 (B) application review activities; and 

15 (C) interactions with the Commission. 

Passed the Senate March 7, 2018. 

Attest: 

Secretary. 

115TH CONGRESS 

2D SESSION S. 97 

AN ACT 

To enable civilian research and development of adposes. istry, and materials science, and for other pur- practical knowledge of nuclear physics, chem- and public institutions, to expand theoretical and vanced nuclear energy technologies by private