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 Sec-
retary 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 pur-
pose 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. 
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2210) (commonly known as the ‘Price-Anderson 
Act’).’’. 
(i) BUDGET PLAN.—Subtitle E of title IX of the En-
ergy 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 Ca-
pabilities Act of 2017, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Sen-
ate 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 de-
velopment 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 develop-
ment 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. 
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‘‘(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 tech-
nologies; 
‘‘(2) realistic budget requirements for the De-
partment 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) CONFORMING AMENDMENTS.—The table of con-
tents 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.’’. 
Æ 
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