[Congressional[115th BillsCongress 115thPublic Congress]Law 248] [From the U.S.

Government Publishing Office] [S.[[Page 3153]] NUCLEAR ENERGY INNOVATION CAPABILITIES ACT OF 2017 [[Page 132 STAT.

973154]] EngrossedPublic inLaw Senate115-248 (ES)]115th <DOC>Congress 115thAn CONGRESSAct 2dTo Sessionenable S.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.

97<<NOTE: _______________________________________________________________________ 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.

BeSept. it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

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.

``(b)[[Page Definitions.--In132 thisSTAT. subtitle:

3155]] ``(b) Definitions.--In this subtitle:

(e)[[Page Department132 ofSTAT. Energy Civilian Nuclear Infrastructure and Facilities.--Section 955 of the Energy Policy Act of 2005 (42 U.S.C.

3156]] (e) Department of Energy Civilian Nuclear Infrastructure and Facilities.--Section 955 of the Energy Policy Act of 2005 (42 U.S.C.

``(c) Versatile Neutron Source.-- ``(1) Mission need.-- ``(A) In<<NOTE: 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.

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.

``(2) Establishment.--As<<NOTE: 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.

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.

``(6)[[Page Coordination.--The132 SecretarySTAT. shall leverage the best practices for management, construction, and operation of national user facilities from the Office of Science.''.

3157]] ``(6) Coordination.--The Secretary shall leverage the best practices for management, construction, and operation of national user facilities from the Office of Science.''.

ENABLING<<NOTE: NUCLEAR ENERGY INNOVATION.

42 USC 16278.>> ENABLING NUCLEAR ENERGY INNOVATION.

``(b) Technical Expertise.--In carrying out the program under subsection (a), the Secretary shall leverage the technical expertise of[[Page relevant132 FederalSTAT. 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.

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.

``(e) Agency<<NOTE: Coordination.--The Chairman of the Commission and the Secretary shall enter into a memorandum of understanding regarding the following:

Memorandum.>> Agency Coordination.--The Chairman of the Commission and the Secretary shall enter into a memorandum of understanding regarding the following:

``(f) Reporting Requirements.-- ``(1)[[Page In132 general.--NotSTAT. 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).

3159]] ``(1) <<NOTE:

Consultation.>> In general.--Not later than 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).

``(G) potential cost structures relating to physical security, decommissioning, liability, and other long-termlong- term project costs;

``(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.

(i) Budget Plan.--Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C.

``SEC.[[Page 132 STAT.

3160]] ``SEC.

BUDGET<<NOTE: PLAN.

``(a)42 InUSC General.--Not16279.>> laterBUDGET thanPLAN. 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).

``(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).

``(d) Inclusions.--Each alternative budget plan submitted under subsection (a) shall include-- ``(1) a<<NOTE: prioritized list of the programs, projects, and activities of the Department to best support the development of advanced nuclear reactor technologies;

List.>> a prioritized list of the programs, projects, and activities of the Department to best support the development of advanced nuclear reactor technologies;