[115th Congress Public Law 248]
[From the U.S. Government Publishing Office]
[[Page 3153]]
NUCLEAR ENERGY INNOVATION
CAPABILITIES ACT OF 2017
[[Page 132 STAT. 3154]]
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. <<NOTE: Sept. 28, 2018 - [S. 97]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Nuclear Energy
Innovation Capabilities Act of 2017. 42 USC 15801 note.>>
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).
[[Page 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''.
[[Page 132 STAT. 3156]]
(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) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Plan.>> 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).
[[Page 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. <<NOTE: 42 USC 16278.>> 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
[[Page 132 STAT. 3158]]
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) <<NOTE: Memorandum.>> 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.--
[[Page 132 STAT. 3159]]
``(1) <<NOTE: Consultation.>> 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:
[[Page 132 STAT. 3160]]
``SEC. 959. <<NOTE: 42 USC 16279.>> BUDGET PLAN.
``(a) <<NOTE: Deadline.>> 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) <<NOTE: List.>> 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. <<NOTE: 42 USC 16280.>> 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.
[[Page 132 STAT. 3161]]
(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.
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.
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