I 

114TH CONGRESS 

1ST SESSION H. R. 4084 

To enable civilian research and development of advanced nuclear energy 

technologies by private and public institutions and to expand theoretical 

and practical knowledge of nuclear physics, chemistry, and materials 

science. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2015 

Mr. WEBER of Texas (for himself, Ms. EDDIE BERNICE JOHNSON of Texas, 

Mr. SMITH of Texas, Mr. LIPINSKI, Mr. LOUDERMILK, Mr. PERLMUTTER, Mrs. COMSTOCK, Mr. TONKO, Mr. BRIDENSTINE, Mr. ROHRABACHER, Mr. HULTGREN, Mr. WESTERMAN, Mr. SCHWEIKERT, Mr. 

BABIN, Mr. CULBERSON, Mr. BRADY of Texas, Mr. SESSIONS, Mr. CARTER of Texas, Mr. CONAWAY, Mr. MARCHANT, and Mr. FARENTHOLD) 

introduced the following bill; which was referred to the Committee on 

Science, Space, and Technology 

A BILL 

To enable civilian research and development of advanced 

nuclear energy technologies by private and public institutions and to expand theoretical and practical knowledge 

of nuclear physics, chemistry, and materials science. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Energy Inno5 vation Capabilities Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADVANCED FISSION REACTOR.—The term 

4 ‘‘advanced fission reactor’’ means a nuclear fission 

5 reactor with significant improvements over the most 

6 recent generation of nuclear reactors, which may in7 clude inherent safety features, lower waste yields, 

8 greater fuel utilization, superior reliability, resist9 ance to proliferation, and increased thermal effi10 ciency. 

11 (2) DEPARTMENT.—The term ‘‘Department’’ 

12 means the Department of Energy. 

13 (3) FAST NEUTRON.—The term ‘‘fast neutron’’ 

14 means a neutron with kinetic energy above 100 

15 kiloelectron volts. 

16 (4) NATIONAL LABORATORY.—The term ‘‘Na17 tional Laboratory’’ has the meaning given that term 

18 in paragraph (3) of section 2 of the Energy Policy 

19 Act of 2005 (42 U.S.C. 15801(3)), except that with 

20 respect to subparagraphs (G), (H), and (N) of such 

21 paragraph, for purposes of this Act the term in22 cludes only the civilian activities thereof. 

23 (5) NEUTRON FLUX.—The term ‘‘neutron flux’’ 

24 means the intensity of neutron radiation measured 

25 as a rate of flow of neutrons applied over an area. 


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1 (6) NEUTRON SOURCE.—The term ‘‘neutron 

2 source’’ means a research machine that provides 

3 neutron irradiation services for research on mate4 rials sciences and nuclear physics as well as testing 

5 of advanced materials, nuclear fuels, and other re6 lated components for reactor systems. 

7 (7) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 SEC. 3. MISSION. 

10 Section 951(a) of the Energy Policy Act of 2005 (42 

11 U.S.C. 16271(a)) is amended to read as follows: 

12 ‘‘(a) IN GENERAL.—The Secretary shall conduct pro13 grams of civilian nuclear research, development, dem14 onstration, and commercial application, including activi15 ties in this subtitle. Such programs shall take into consid16 eration the following objectives: 

17 ‘‘(1) Providing research infrastructure to pro18 mote scientific progress and enable users from aca19 demia, the National Laboratories, and the private 

20 sector to make scientific discoveries relevant for nu21 clear, chemical, and materials science engineering. 

22 ‘‘(2) Maintaining National Laboratory and uni23 versity nuclear energy research and development 

24 programs, including their infrastructure. 


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1 ‘‘(3) Providing the technical means to reduce 

2 the likelihood of nuclear weapons proliferation and 

3 increasing confidence margins for public safety of 

4 nuclear energy systems. 

5 ‘‘(4) Reducing the environmental impact of nu6 clear energy related activities. 

7 ‘‘(5) Supporting technology transfer from the 

8 National Laboratories to the private sector. 

9 ‘‘(6) Enabling the private sector to partner with 

10 the National Laboratories to demonstrate novel reac11 tor concepts for the purpose of resolving technical 

12 uncertainty associated with the aforementioned ob13 jectives in this section.’’. 

14 SEC. 4. SENSE OF CONGRESS. 

15 It is the sense of the Congress that nuclear energy, 

16 through fission or fusion, represents the highest energy 

17 density of any known attainable source and yields zero air 

18 emissions. This energy source is of national importance 

19 to scientific progress, national security, electricity genera20 tion, heat generation for industrial applications, and space 

21 exploration. Considering the inherent complexity and reg22 ulatory burden associated with this area of science, the 

23 Department should focus its civilian nuclear research and 

24 development activities towards programs that enable the 

25 private sector, National Laboratories, and universities to 


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1 carry out such experiments as are necessary to promote 

2 scientific progress and enhance practical knowledge of nu3 clear engineering. 

4 SEC. 5. HIGH-PERFORMANCE COMPUTATION AND SUP5 PORTIVE RESEARCH. 

6 (a) MODELING AND SIMULATION.—The Secretary 

7 shall carry out a program to enhance the Nation’s capa8 bilities to develop new reactor technologies through high9 performance computation modeling and simulation tech10 niques. This program shall coordinate with relevant Fed11 eral agencies through the National Strategic Computing 

12 Initiative created under Executive Order 13702 (July 29, 

13 2015) while taking into account the following objectives: 

14 (1) Utilizing expertise from the private sector, 

15 universities, and National Laboratories to develop 

16 computational software and capabilities that pro17 spective users may access to accelerate research and 

18 development of advanced fission reactor systems, nu19 clear fusion systems, and reactor systems for space 

20 exploration. 

21 (2) Developing computational tools to simulate 

22 and predict nuclear phenomena that may be vali23 dated through physical experimentation. 

24 (3) Increasing the utility of the Department’s 

25 research infrastructure by coordinating with the AdVerDate Sep 11 2014 04:21 Nov 24, 2015 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4084.IH H4084

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1 vanced Scientific Computing Research program 

2 within the Office of Science. 

3 (4) Leveraging experience from the Energy In4 novation Hub for Modeling and Simulation. 

5 (5) Ensuring that new experimental and com6 putational tools are accessible to relevant research 

7 communities. 

8 (b) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec9 retary shall consider support for additional research activi10 ties to maximize the utility of its research facilities, includ11 ing physical processes to simulate degradation of materials 

12 and behavior of fuel forms and for validation of computa13 tional tools. 

14 SEC. 6. VERSATILE NEUTRON SOURCE. 

15 (a) MISSION NEED.—Not later than December 31, 

16 2016, the Secretary shall determine the mission need for 

17 a versatile reactor-based fast neutron source, which shall 

18 operate as a national user facility. During this process, 

19 the Secretary shall consult with the private sector, univer20 sities, National Laboratories, and relevant Federal agen21 cies to ensure that this user facility will meet the research 

22 needs of the largest possible majority of prospective users. 

23 (b) ESTABLISHMENT.—Upon the determination of 

24 mission need made under subsection (a), the Secretary 

25 shall, as expeditiously as possible, provide to the ComVerDate Sep 11 2014 04:21 Nov 24, 2015 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4084.IH H4084

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1 mittee on Science, Space, and Technology of the House 

2 of Representatives and the Committee on Energy and 

3 Natural Resources of the Senate a detailed plan for the 

4 establishment of the user facility. 

5 (c) FACILITY REQUIREMENTS.— 

6 (1) CAPABILITIES.—The Secretary shall ensure 

7 that this user facility will provide, at a minimum, 

8 the following capabilities: 

9 (A) Fast neutron spectrum irradiation ca10 pability. 

11 (B) Capacity for upgrades to accommodate 

12 new or expanded research needs. 

13 (2) CONSIDERATIONS.—In carrying out the 

14 plan provided under subsection (b), the Secretary 

15 shall consider the following: 

16 (A) Capabilities that support experimental 

17 high-temperature testing. 

18 (B) Providing a source of fast neutrons at 

19 a neutron flux, higher than that at which cur20 rent research facilities operate, sufficient to en21 able research for an optimal base of prospective 

22 users. 

23 (C) Maximizing irradiation flexibility and 

24 irradiation volume to accommodate as many 

25 concurrent users as possible. 


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1 (D) Capabilities for irradiation with neu2 trons of a lower energy spectrum. 

3 (E) Multiple loops for fuels and materials 

4 testing in different coolants. 

5 (F) Additional pre-irradiation and post-ir6 radiation examination capabilities. 

7 (d) REPORTING PROGRESS.—The Department shall, 

8 in its annual budget requests, provide an explanation for 

9 any delay in its progress and otherwise make every effort 

10 to complete construction and approve the start of oper11 ations for this facility by December 31, 2025. 

12 (e) COORDINATION.—The Secretary shall leverage 

13 the best practices for management, construction, and op14 eration of national user facilities from the Office of 

15 Science. 

16 SEC. 7. ENABLING NUCLEAR ENERGY INNOVATION. 

17 (a) NATIONAL REACTOR INNOVATION CENTER.—The 

18 Secretary shall carry out a program to enable the testing 

19 and demonstration of reactor concepts to be proposed and 

20 funded by the private sector. The Secretary shall leverage 

21 the technical expertise of relevant Federal agencies and 

22 National Laboratories in order to minimize the time re23 quired to enable construction and operation of privately 

24 funded experimental reactors at National Laboratories or 

25 other Department-owned sites while ensuring reasonable 


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1 safety for persons working within these sites. Such reac2 tors shall operate to meet the following objectives: 

3 (1) Enabling physical validation of novel reactor 

4 concepts. 

5 (2) Resolving technical uncertainty and increas6 ing practical knowledge relevant to safety, resilience, 

7 security, and functionality of first-of-a-kind reactor 

8 concepts. 

9 (3) General research and development to im10 prove nascent technologies. 

11 (b) REPORTING REQUIREMENT.—Not later than 180 

12 days after the date of enactment of this Act, the Sec13 retary, in consultation with the National Laboratories, rel14 evant Federal agencies, and other stakeholders, shall 

15 transmit to the Committee on Science, Space, and Tech16 nology of the House of Representatives and the Committee 

17 on Energy and Natural Resources of the Senate a report 

18 assessing the Department’s capabilities to authorize, host, 

19 and oversee privately funded fusion and advanced fission 

20 experimental reactors as described under subsection (a). 

21 The report shall address the following: 

22 (1) The Department’s safety review and over23 sight capabilities, including options to leverage ex24 pertise from the Nuclear Regulatory Commission 

25 and National Laboratories. 


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1 (2) Potential sites capable of hosting activities 

2 described under subsection (a). 

3 (3) The efficacy of the Department’s available 

4 contractual mechanisms to partner with the private 

5 sector and Federal agencies, including cooperative 

6 research and development agreements, strategic 

7 partnership projects, and agreements for commer8 cializing technology. 

9 (4) Potential cost structures related to physical 

10 security, decommissioning, liability, and other long11 term project costs. 

12 (5) Other challenges or considerations identified 

13 by the Secretary. 

14 SEC. 8. BUDGET PLAN. 

15 Not later than 12 months after the date of enactment 

16 of this Act, the Department shall transmit to the Com17 mittee on Science, Space, and Technology of the House 

18 of Representatives and the Committee on Energy and 

19 Natural Resources of the Senate 3 alternative 10-year 

20 budget plans for civilian nuclear energy research and de21 velopment by the Department. The first shall assume con22 stant annual funding for 10 years at the appropriated level 

23 for the Department’s civilian nuclear energy research and 

24 development for fiscal year 2016. The second shall assume 

25 2 percent annual increases to the appropriated level for 


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1 the Department’s nuclear energy research and develop2 ment for fiscal year 2016. The third shall be an uncon3 strained budget. The 3 plans shall include— 

4 (1) a prioritized list of the Department’s pro5 grams, projects, and activities to best support the 

6 development of next generation nuclear energy tech7 nology; 

8 (2) realistic budget requirements for the De9 partment to implement sections 5, 6, and 7 of this 

10 Act; and 

11 (3) the Department’s justification for con12 tinuing or terminating existing civilian nuclear en13 ergy research and development programs. 

Æ 


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