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
PL 115-248 (S.97), enacted 09/28/2018

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 objec-
tives: 
‘‘(A) Providing research infrastructure to promote sci-
entific progress and enable users from academia, the 
National Laboratories, and the private sector to make sci-
entific discoveries relevant for nuclear, chemical, and mate-
rials science engineering. 
‘‘(B) Maintaining nuclear energy research and develop-
ment programs at the National Laboratories and institu-
tions of higher education, including infrastructure at the 
National Laboratories and institutions of higher education. 
‘‘(C) Providing the technical means to reduce the likeli-
hood 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 con-
cepts 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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132 STAT. 3155 
PUBLIC LAW 115–248—SEPT. 28, 2018 
‘‘(b) DEFINITIONS.—In this subtitle: 
‘‘(1) ADVANCED
NUCLEAR
REACTOR.—The term ‘advanced 
nuclear reactor’ means— 
‘‘(A) a nuclear fission reactor with significant improve-
ments 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 non-
electric 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 neu-
tron 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 Liver-
more National Laboratory, the Los Alamos National Lab-
oratory, 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 sub-
sections (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 SUP-
PORT.—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 consid-
eration 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 INFRASTRUC-
TURE 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 deter-
mining 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 sub-
mitted 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 neu-
tron 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 irradia-
tion 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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132 STAT. 3157 
PUBLIC LAW 115–248—SEPT. 28, 2018 
‘‘(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 com-
putation modeling and simulation techniques. 
‘‘(b) COORDINATION.—In carrying out the program under sub-
section (a), the Secretary shall coordinate with relevant Federal 
agencies as described by the National Strategic Computing Initia-
tive 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 explo-
ration. 
‘‘(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 phys-
ical 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 author-
ized 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 prac-
tical 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 pro-
gram under subsection (a), the Secretary may enter into a memo-
randum 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 integra-
tion 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 pro-
gram. 
‘‘(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, demonstra-
tion, 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, per-
mits, and design certifications and other requests for regu-
latory 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 facili-
ties 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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132 STAT. 3159 
PUBLIC LAW 115–248—SEPT. 28, 2018 
‘‘(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 mecha-
nisms 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 secu-
rity, 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 para-
graph (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 suit-
ability 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 activi-
ties 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 nec-
essary 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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132 STAT. 3161 
PUBLIC LAW 115–248—SEPT. 28, 2018 
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. 
(b) ESTABLISHMENT.—The Secretary shall establish a grant pro-
gram, 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 activi-
ties 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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