#aaeth ,,congress #b;d ,session ,s4 #ig ,,an ,,act ,to enable civilian research and development of advanced nuclear energy technologies by private and public institutions1 to expand theoretical and practical knowledge of nuclear physics1 chemistry1 and materials science1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,nuclear ,energy ,innovation ,capabilities ,act of #bjag4 #b4 ,nuclear energy innovation capabilities 7a7 ,nuclear energy ,section #iea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7 is amended to read as follows3 #iea4 ,nuclear energy 7a7 ,mission 7#a7 ,in general ,the ,secretary shall carry out programs of civilian nuclear research1 development1 demonstration1 and commercial application1 including activities under this subtitle4 7#b7 ,considerations ,the programs carried out under paragraph 7#a7 shall take into consideration the following objectives3 7,a7 ,providing research infrastructure to promote scientific progress and enable users from academia1 the ,national ,laboratories1 and the private sector to make scientific discoveries relevant for nuclear1 chemical1 and materials science engineering4 7,b7 ,maintaining nuclear energy research and development programs at the ,national ,laboratories and institutions of higher education1 including infrastructure at the ,national ,laboratories and institutions of higher education4 7,c7 ,providing the technical means to reduce the likelihood of nuclear proliferation4 7,d7 ,increasing confidence margins for public safety of nuclear energy systems4 7,e7 ,reducing the environmental impact of activities relating to nuclear energy4 7,f7 ,supporting technology transfer from the ,national ,laboratories to the private sector4 7,g7 ,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 7,a7 through 7,f74 7b7 ,definitions ,in this subtitle3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor means-- 7,a7 a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors1 which may include-- 7i7 inherent safety features2 7ii7 lower waste yields2 7iii7 greater fuel utilization2 7iv7 superior reliability2 7v7 resistance to proliferation2 7vi7 increased thermal efficiency2 and 7vii7 the ability to integrate into electric and nonelectric applications2 or 7,b7 a nuclear fusion reactor4 7#b7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#c7 ,fast neutron ,the term fast neutron means a neutron with kinetic energy above #ajj kiloelectron volts4 7#d7 ,national ,laboratory 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term ,national ,laboratory has the meaning given the term in section #b4 7,b7 ,limitation ,with respect to the ,lawrence ,livermore ,national ,laboratory1 the ,los ,alamos ,national ,laboratory1 and the ,sandia ,national ,laboratories1 the term ,national ,laboratory means only the civilian activities of the laboratory4 7#e7 ,neutron flux ,the term neutron flux means the intensity of neutron radiation measured as a rate of flow of neutrons applied over an area4 7#f7 ,neutron source ,the term neutron source means a research machine that provides neutron irradiation services for-- 7,a7 research on materials sciences and nuclear physics2 and 7,b7 testing of advanced materials1 nuclear fuels1 and other related components for reactor systems4 4 7b7 ,nuclear energy research programs 7#a7 ,in general ,section #ieb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgb7 is amended-- 7,a7 by striking subsection 7c72 and 7,b7 by redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively4 7#b7 ,conforming amendment ,section #fda7;b77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjba7;b77#a77 is amended by striking section #idb7;d7 and inserting section #ieb7;c74 7c7 ,advanced fuel cycle initiative ,section #iec7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgc7;a77 is amended by striking 1 acting through the ,director of the ,office of ,nuclear ,energy1 ,science and ,technology14 7d7 ,university nuclear science and engineering support ,section #ied7;d77#d7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7;d77#d77 is amended by striking as part of a taking into consideration effort that emphasizes and inserting that emphasize4 7e7 ,department of ,energy civilian nuclear infrastructure and facilities ,section #iee of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbge7 is amended-- 7#a7 by striking subsections 7c7 and 7d72 and 7#b7 by adding at the end the following3 7c7 ,versatile neutron source 7#a7 ,mission need 7,a7 ,in general ,not later than ,december #ca1 #bjag1 the ,secretary shall determine the mission need for a versatile reactor-based fast neutron source1 which shall operate as a national user facility4 7,b7 ,consultations required ,in carrying out subparagraph 7,a71 the ,secretary shall consult with the private sector1 institutions of higher education1 the ,national ,laboratories1 and relevant ,federal agencies to ensure that the user facility described in subparagraph 7,a7 will meet the research needs of the largest practicable majority of prospective users4 7#b7 ,establishment ,as soon as practicable after determining the mission need under paragraph 7#a77;,a71 the ,secretary shall submit to the appropriate committees of ,congress a detailed plan for the establishment of the user facility4 7#c7 ,facility requirements 7,a7 ,capabilities ,the ,secretary shall ensure that the user facility will provide1 at a minimum1 the following capabilities3 7i7 ,fast neutron spectrum irradiation capability4 7ii7 ,capacity for upgrades to accommodate new or expanded research needs4 7,b7 ,considerations ,in carrying out the plan submitted under paragraph 7#b71 the ,secretary shall consider the following3 7i7 ,capabilities that support experimental high-temperature testing4 7ii7 ,providing a source of fast neutrons at a neutron flux1 higher than that at which current research facilities operate1 sufficient to enable research for an optimal base of prospective users4 7iii7 ,maximizing irradiation flexibility and irradiation volume to accommodate as many concurrent users as possible4 7iv7 ,capabilities for irradiation with neutrons of a lower energy spectrum4 7v7 ,multiple loops for fuels and materials testing in different coolants4 7vi7 ,additional pre-irradiation and post-irradiation examination capabilities4 7vii7 ,lifetime operating costs and lifecycle costs4 7#d7 ,deadline for establishment ,the ,secretary shall1 to the maximum extent practicable1 complete construction of1 and approve the start of operations for1 the user facility by not later than ,december #ca1 #bjbe4 7#e7 ,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 7#d74 7#f7 ,coordination ,the ,secretary shall leverage the best practices for management1 construction1 and operation of national user facilities from the ,office of ,science4 4 7f7 ,security of nuclear facilities ,section #ief of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgf7 is amended by striking 1 acting through the ,director of the ,office of ,nuclear ,energy1 ,science and ,technology14 7g7 ,high-,performance computation and supportive research ,section #ieg of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgg7 is amended to read as follows3 #ieg4 ,high-performance computation and supportive research 7a7 ,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 techniques4 7b7 ,coordination ,in carrying out the program under subsection 7a71 the ,secretary shall coordinate with relevant ,federal agencies as described by the ,national ,strategic ,computing ,initiative established by ,executive ,order #acgjb 7#hj ,fed4 ,reg4 #dfagg 7,july #bi1 #bjae771 while taking into account the following objectives3 7#a7 ,using expertise from the private sector1 institutions of higher education1 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 exploration4 7#b7 ,developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation4 7#c7 ,increasing the utility of the research infrastructure of the ,department by coordinating with the ,advanced ,scientific ,computing ,research program within the ,office of ,science4 7#d7 ,leveraging experience from the ,energy ,innovation ,hub for ,modeling and ,simulation4 7#e7 ,ensuring that new experimental and computational tools are accessible to relevant research communities1 including private sector entities engaged in nuclear energy technology development4 7c7 ,supportive research activities ,the ,secretary shall consider support for additional research activities to maximize the utility of the research facilities of the ,department1 including physical processes-- 7#a7 to simulate degradation of materials and behavior of fuel forms2 and 7#b7 for validation of computational tools4 4 7h7 ,enabling nuclear energy innovation ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 is amended by adding at the end the following3 #ieh4 ,enabling nuclear energy innovation 7a7 ,national reactor innovation center ,there is authorized a program to enable the testing and demonstration of reactor concepts to be proposed and funded1 in whole or in part1 by the private sector4 7b7 ,technical expertise ,in carrying out the program under subsection 7a71 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 sites4 7c7 ,objectives ,the reactors described in subsection 7b7 shall operate to meet the following objectives3 7#a7 ,enabling physical validation of advanced nuclear reactor concepts4 7#b7 ,resolving technical uncertainty and increasing practical knowledge relevant to safety1 resilience1 security1 and functionality of advanced nuclear reactor concepts4 7#c7 ,general research and development to improve nascent technologies4 7d7 ,sharing technical expertise ,in carrying out the program under subsection 7a71 the ,secretary may enter into a memorandum of understanding with the ,chairman of the ,commission in order to share technical expertise and knowledge through-- 7#a7 enabling the testing and demonstration of advanced nuclear reactor concepts to be proposed and funded1 in whole or in part1 by the private sector2 7#b7 operating a database to store and share data and knowledge relevant to nuclear science and engineering between ,federal agencies and the private sector2 7#c7 developing and testing electric and nonelectric integration and energy conversion systems relevant to advanced nuclear reactors2 7#d7 leveraging expertise from the ,commission with respect to safety analysis2 and 7#e7 enabling technical staff of the ,commission to actively observe and learn about technologies developed under the program4 7e7 ,agency coordination ,the ,chairman of the ,commission and the ,secretary shall enter into a memorandum of understanding regarding the following3 7#a7 ,ensuring that-- 7,a7 the ,department has sufficient technical expertise to support the timely research1 development1 demonstration1 and commercial application by the civilian nuclear industry of safe and innovative advanced nuclear reactor technology2 and 7,b7 the ,commission has sufficient technical expertise to support the evaluation of applications for licenses1 permits1 and design certifications and other requests for regulatory approval for advanced nuclear reactors4 7#b7 ,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 reactors4 7#c7 ,ensuring that-- 7,a7 the ,department maintains and develops the facilities necessary to enable the timely research1 development1 demonstration1 and commercial application by the civilian nuclear industry of safe and innovative reactor technology2 and 7,b7 the ,commission has access to the facilities described in subparagraph 7,a71 as needed4 7f7 ,reporting requirements 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,nuclear ,energy ,innovation ,capabilities ,act of #bjag1 the ,secretary1 in consultation with the ,national ,laboratories1 relevant ,federal agencies1 and other stakeholders1 shall submit to the appropriate committees of ,congress a report assessing the capabilities of the ,department to authorize1 host1 and oversee privately funded experimental advanced nuclear reactors as described in subsection 7b74 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall address-- 7,a7 the safety review and oversight capabilities of the ,department1 including options to leverage expertise from the ,commission and the ,national ,laboratories2 7,b7 options to regulate privately proposed and funded experimental reactors hosted by the ,department2 7,c7 potential sites capable of hosting privately funded experimental advanced nuclear reactors2 7,d7 the efficacy of the available contractual mechanisms of the ,department to partner with the private sector and ,federal agencies1 including cooperative research and development agreements1 strategic partnership projects1 and agreements for commercializing technology2 7,e7 the liability of the ,federal ,government with respect to the disposal of low-level radioactive waste1 spent nuclear fuel1 or high-level radioactive waste 7as those terms are defined in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja772 7,f7 the impact on the aggregate inventory in the ,united ,states of low-level radioactive waste1 spent nuclear fuel1 or high-level radioactive waste 7as those terms are defined in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja772 7,g7 potential cost structures relating to physical security1 decommissioning1 liability1 and other long-term project costs2 and 7,h7 other challenges or considerations identified by the ,secretary4 7#c7 ,updates ,once every #b years1 the ,secretary shall update relevant provisions of the report submitted under paragraph 7#a7 and submit to the appropriate committees of ,congress the update4 7g7 ,savings clauses 7#a7 ,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 #bjb of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb74 7#b7 ,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 #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj7 7commonly known as the ,price-,anderson ,act74 4 7i7 ,budget plan ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 7as amended by subsection 7h77 is amended by adding at the end the following3 #iei4 ,budget plan 7a7 ,in general ,not later than #a year after the date of enactment of the ,nuclear ,energy ,innovation ,capabilities ,act of #bjag1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives #b alternative #aj-year budget plans for civilian nuclear energy research and development by the ,secretary1 as described in subsections 7b7 through 7d74 7b7 ,budget plan alternative #a ,one of the budget plans submitted under subsection 7a7 shall assume constant annual funding for #aj years at the appropriated level for the civilian nuclear energy research and development of the ,department for fiscal year #bjaf4 7c7 ,budget plan alternative #b ,one of the budget plans submitted under subsection 7a7 shall be an unconstrained budget4 7d7 ,inclusions ,each alternative budget plan submitted under subsection 7a7 shall include-- 7#a7 a prioritized list of the programs1 projects1 and activities of the ,department to best support the development of advanced nuclear reactor technologies2 7#b7 realistic budget requirements for the ,department to implement sections #iee7;c71 #ieg1 and #ieh2 and 7#c7 the justification of the ,department for continuing or terminating existing civilian nuclear energy research and development programs4 4 7j7 ,report on ,fusion ,innovation 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 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 #ae years after the start of construction4 7#b7 ,inclusions ,the report submitted under paragraph 7#a7 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 report4 7k7 ,conforming amendments ,the table of contents for the ,energy ,policy ,act of #bjje is amended by striking the item relating to section #ieg and inserting the following3 #ieg4 ,high-performance computation and supportive research4#ieh4 ,enabling nuclear energy innovation4#iei4 ,budget plan4 4 #c4 ,advanced nuclear energy licensing cost-share grant program 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#b7 ,program ,the term program means the ,advanced ,nuclear ,energy ,cost-,share ,grant ,program established under subsection 7b74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment ,the ,secretary shall establish a grant program1 to be known as the ,advanced ,nuclear ,energy ,cost-,share ,grant ,program1 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 activities4 7c7 ,requirement ,the ,secretary shall seek out technology diversity in making grants under the program4 7d7 ,cost-,share amount ,the ,secretary shall determine the cost-share amount for each grant under the program in accordance with section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb74 7e7 ,use of funds ,a recipient of a grant under the program may use the grant funds to cover ,commission fees1 including those fees associated with-- 7#a7 developing a licensing project plan2 7#b7 obtaining a statement of licensing feasibility2 7#c7 reviewing topical reports2 and 7#d7 other-- 7,a7 pre-application review activities2 7,b7 application review activities2 and 7,c7 interactions with the ,commission4 ,passed the ,senate ,march #g1 #bjah4,secretary