[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.