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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 97 Enrolled Bill (ENR)]

        S.97

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen

                                 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).
    ``(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''.
    (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 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) 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).
        ``(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 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.--
        ``(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:
    ``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.
    (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```