S 97 · 115th Congress 2017–2019, ended

Nuclear Energy Innovation Capabilities Act of 2017

Latest action · Sep 28, 2018 Became Public Law No: 115-248.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 11, 2017
  2. Passed SenateMar 7, 2018
  3. Passed HouseSep 13, 2018
  4. To the PresidentSep 24, 2018
  5. Became lawSep 28, 2018Public Law 115-248

Summary

Nuclear Energy Innovation Capabilities Act of 2017

(Sec. 2) This bill amends the Energy Policy Act of 2005 to revise the objectives of the civilian nuclear energy research, development, demonstration, and commercial application programs of the Department of Energy (DOE) to emphasize : (1) 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; and (2) 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 aforementioned objectives.

The bill repeals the Nuclear Power 2010 Program, and makes technical corrections removing the Office of Nuclear Energy, Science and Technology as the designated entity to conduct the research, development, and demonstration programs on advanced fuel recycling technology and cost-effective technologies for increasing the safety and security of nuclear facilities. (The Office of Nuclear Energy, Science and Technology was replaced in DOE by the Office of Nuclear Energy, the Office of Science, and the Office of Technology Transitions.)

The bill repeals requirements for development of a comprehensive plan for the operation and maintenance of its facilities at the Idaho National Laboratory to support civilian nuclear energy research, development, demonstration, and commercial application programs, including radiological facilities management, isotope production, and facilities management.

By December 31, 2017, DOE shall determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility.

DOE shall ensure that the user facility will provide at a minimum: (1) fast neutron spectrum irradiation capability, and (2) capacity for upgrades to accommodate new or expanded research needs.

DOE shall leverage from the Office of Science the best practices for management, construction, and operation of national user facilities.

DOE shall carry out a program for enhancing the capability to develop new reactor technologies through high-performance computation modeling and simulation techniques. Such program shall coordinate with relevant federal agencies through the National Strategic Computing Initiative while taking into account specified objectives.

The bill authorizes a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector. DOE 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 DOE-owned sites.

Such reactors shall operate to enable physical validation of advanced nuclear reactor concepts and generate research and development to improve nascent technologies.

DOE may enter into a memorandum of understanding with the Nuclear Regulatory Commission (NRC) in order to share technical expertise and knowledge through:

  • testing and demonstration of advanced nuclear reactor concepts to be proposed and funded by the private sector,
  • operating a database to store and share data and knowledge relevant to nuclear science and engineering between federal agencies and the private sector,
  • developing and testing electric and nonelectric integration and energy conversion systems relevant to advanced nuclear reactors,
  • leveraging expertise from the NRC respecting safety analysis, and
  • enabling the technical staff of the NRC to actively observe and learn about technologies developed under such testing and demonstration program.

The NRC and DOE shall enter into another memorandum of understanding to ensure that:

  • DOE 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 technology; and
  • the NRC has sufficient technical expertise to assist in the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear reactors.

This memorandum must also address:

  • the use of computers and software to calculate the behavior and performance of advanced nuclear reactors, and
  • ensuring that DOE maintains and develops the necessary facilities to enable timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative reactor technology, and that the NRC has access to those facilities, as needed.

DOE shall assess its capabilities to authorize, host, and oversee privately funded experimental advanced nuclear reactors at national laboratories or other DOE-owned sites.

The bill subjects any activities carried out under such testing and demonstration program which involves the risk of public liability to the financial protection or indemnification requirements under the Price-Anderson Act.

Within 1 year of this bill's enactment, DOE must submit to Congress two specified alternative 10-year budget plans for civilian nuclear energy research and development by DOE, one assuming constant annual funding for 10 years at the appropriated FY2016 level, and the other an unconstrained budget.

DOE must also identify to Congress: (1) engineering designs for innovative fusion energy systems that have the potential to demonstrate net energy production within 15 years of the start of construction, and (2) budgetary requirements necessary for DOE to carry out a fusion innovation initiative to accelerate research and development of those designs.

(Sec. 3) DOE shall establish an Advanced Nuclear Energy Cost-Share Grant Program to make cost-share grants to applicants to fund a portion of the applicant's NRC fees for pre-application and application review activities.

DOE shall: (1) seek out technology diversity in making such grants, and (2) determine each grant's cost-share amount in accordance with the Energy Policy Act of 2005.

Grant recipients may use their grant funds to cover NRC fees, including those associated with developing a licensing project plan, obtaining a statement of licensing feasibility, reviewing topical reports, other pre-application and application review activities, and interactions with the NRC.

Cosponsors 7

Members who signed on, in the order they did. Signatures ran from Jan 11, 2017 to May 25, 2017; 6 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-NJCory A. BookerOriginalJan 11, 2017
R-IDJames E. RischOriginalJan 11, 2017
R-AKLisa MurkowskiOriginalJan 11, 2017
R-UTOrrin G. HatchOriginalJan 11, 2017
D-ILRichard J. DurbinOriginalJan 11, 2017
D-RISheldon WhitehouseOriginalJan 11, 2017
R-ALLuther StrangeMay 25, 2017

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateEnergy and Natural Resources Committee
Referred Jan 11, 2017Markup Mar 30, 2017Reported Jun 21, 2017

Actions 18

Everything that happened, newest first.

  1. Sep 28, 2018Signed by President.
  2. Sep 28, 2018Became Public Law No: 115-248.
  3. Sep 24, 2018Presented to President.
  4. Sep 13, 2018Mr. Weber (TX) moved to suspend the rules and pass the bill.
  5. Sep 13, 2018Considered under suspension of the rules. (consideration: CR H8235-8239)
  6. Sep 13, 2018DEBATE - The House proceeded with forty minutes of debate on S. 97.
  7. Sep 13, 2018Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H8235-8237)
  8. Sep 13, 2018Motion to reconsider laid on the table Agreed to without objection.
  9. Mar 8, 2018Received in the House.
  10. Mar 8, 2018Message on Senate action sent to the House.
  11. Mar 8, 2018Held at the desk.
  12. Mar 7, 2018Measure laid before Senate by unanimous consent. (consideration: CR S1419-1423)
  13. Mar 7, 2018Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote. (text: CR S1419-1421)
  14. Jun 21, 2017Committee on Energy and Natural Resources. Reported by Senator Murkowski without amendment. With written report No. 115-115.
  15. Jun 21, 2017Placed on Senate Legislative Calendar under General Orders. Calendar No. 153.
  16. Mar 30, 2017Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
  17. Jan 11, 2017Introduced in Senate
  18. Jan 11, 2017Read twice and referred to the Committee on Energy and Natural Resources.

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H8235–H8239Text printed H8235–H8237Eddie Bernice Johnson D-TX, Lamar Smith R-TX, Randy K. Weber, Sr. R-TXSep 13, 2018
SenateDebate and remarks S1833Sheldon Whitehouse D-RIMar 20, 2018
SenateDebate and remarks S1419–S1423, S1431Text printed S1419–S1421Amendments S1419, S1482Lisa Murkowski R-AK, Mike Crapo R-ID (amendment), Sheldon Whitehouse D-RIMar 7, 2018

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Jun 13, 2017S. 97, Nuclear Energy Innovation Capabilities Act of 2017As ordered reported by the Senate Committee on Energy and Natural Resources on March 30, 2017

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 115-75ADVANCING NUCLEAR ENERGY: POWERING THE FUTURE79 pagesScience, Space, and Technology CommitteeSep 27, 2018

CRS reports 5

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 5

Products on other subjects that cite it, usually among other measures.

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 2104To modify provisions relating to the advanced nuclear energy licensing cost-share grant program.Mike Crapo R-IDAmendment SA 2104 agreed to in Senate by Unanimous Consent.

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 431Nuclear Energy Innovation Capabilities Act of 2017Related billApr 25, 2017
S 1460Energy and Natural Resources Act of 2017Related billSep 19, 2017

Titles 8

Every title it has carried, official and short, at each stage.

Official Title
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
Short Title
Nuclear Energy Innovation Capabilities Act of 2017
Official Title as Introduced
A bill 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.
Short Titles as Introduced
Nuclear Energy Innovation Capabilities Act of 2017
Short Titles as Reported to Senate
Nuclear Energy Innovation Capabilities Act of 2017
Short Titles as Passed House
Nuclear Energy Innovation Capabilities Act of 2017
Short Titles as Passed Senate
Nuclear Energy Innovation Capabilities Act of 2017
Short Titles as Enacted
Nuclear Energy Innovation Capabilities Act of 2017

Subjects

Assigned by the Library of Congress. Policy area: Energy.

Text 4

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Mar 7, 2018Engrossed in Senate
  3. Jun 21, 2017Reported to Senate
  4. Jan 11, 2017Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.