[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 97 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                 S. 97

_______________________________________________________________________

                                 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.

            Passed the Senate March 7, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                 S. 97

_______________________________________________________________________

                                 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.