IIB 

114TH CONGRESS 

2D SESSION H. R. 4084 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2016 

Received 

JULY 14, 2016 

Read twice and referred to the Committee on Energy and Natural Resources 

AN ACT 

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, 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

HR 4084 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Nuclear Energy Inno3 vation Capabilities Act’’. 

4 SEC. 2. NUCLEAR ENERGY. 

5 Section 951 of the Energy Policy Act of 2005 (42 

6 U.S.C. 16271) is amended to read as follows: 

7 ‘‘SEC. 951. NUCLEAR ENERGY. 

8 ‘‘(a) MISSION.—The Secretary shall conduct pro9 grams of civilian nuclear research, development, dem10 onstration, and commercial application, including activi11 ties in this subtitle. Such programs shall take into consid12 eration the following objectives: 

13 ‘‘(1) Providing research infrastructure to pro14 mote scientific progress and enable users from aca15 demia, the National Laboratories, and the private 

16 sector to make scientific discoveries relevant for nu17 clear, chemical, and materials science engineering. 

18 ‘‘(2) Maintaining National Laboratory and uni19 versity nuclear energy research and development 

20 programs, including their infrastructure. 

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

22 the likelihood of nuclear weapons proliferation and 

23 increasing confidence margins for public safety of 

24 nuclear energy systems. 

25 ‘‘(4) Reducing the environmental impact of nu26 clear energy related activities. 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

HR 4084 RFS

1 ‘‘(5) Supporting technology transfer from the 

2 National Laboratories to the private sector. 

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

4 the National Laboratories to demonstrate novel reac5 tor concepts for the purpose of resolving technical 

6 uncertainty associated with the aforementioned ob7 jectives in this subsection. 

8 ‘‘(b) DEFINITIONS.—In this subtitle: 

9 ‘‘(1) ADVANCED FISSION REACTOR.—The term 

10 ‘advanced fission reactor’ means a nuclear fission re11 actor with significant improvements over the most 

12 recent generation of nuclear reactors, which may in13 clude inherent safety features, lower waste yields, 

14 greater fuel utilization, superior reliability, resist15 ance to proliferation, and increased thermal effi16 ciency. 

17 ‘‘(2) FAST NEUTRON.—The term ‘fast neutron’ 

18 means a neutron with kinetic energy above 100 

19 kiloelectron volts. 

20 ‘‘(3) NATIONAL LABORATORY.—The term ‘Na21 tional Laboratory’ has the meaning given that term 

22 in paragraph (3) of section 2, except that with re23 spect to subparagraphs (G), (H), and (N) of such 

24 paragraph, for purposes of this subtitle the term in25 cludes only the civilian activities thereof. 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

HR 4084 RFS

1 ‘‘(4) NEUTRON FLUX.—The term ‘neutron flux’ 

2 means the intensity of neutron radiation measured 

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

4 ‘‘(5) NEUTRON SOURCE.—The term ‘neutron 

5 source’ means a research machine that provides neu6 tron irradiation services for research on materials 

7 sciences and nuclear physics as well as testing of ad8 vanced materials, nuclear fuels, and other related 

9 components for reactor systems. 

10 ‘‘(c) SENSE OF CONGRESS.—It is the sense of the 

11 Congress that nuclear energy, through fission or fusion, 

12 represents the highest energy density of any known attain13 able source and yields zero air emissions. This energy 

14 source is of national importance to scientific progress, na15 tional security, electricity generation, heat generation for 

16 industrial applications, and space exploration. Considering 

17 the inherent complexity and regulatory burden associated 

18 with this area of science, the Department should focus its 

19 civilian nuclear research and development activities to20 wards programs that enable the private sector, National 

21 Laboratories, and universities to carry out such experi22 ments as are necessary to promote scientific progress and 

23 enhance practical knowledge of nuclear engineering.’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

HR 4084 RFS

1 SEC. 3. NUCLEAR ENERGY RESEARCH PROGRAMS. 

2 Section 952 of the Energy Policy Act of 2005 (42 

3 U.S.C. 16272) is amended— 

4 (1) by striking subsection (c); and 

5 (2) by redesignating subsections (d) and (e) as 

6 subsections (c) and (d), respectively. 

7 SEC. 4. ADVANCED FUEL CYCLE INITIATIVE. 

8 Section 953(a) of the Energy Policy Act of 2005 (42 

9 U.S.C. 16273(a)) is amended by striking ‘‘, acting 

10 through the Director of the Office of Nuclear Energy, 

11 Science and Technology,’’. 

12 SEC. 5. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING 

13 SUPPORT. 

14 Section 954(d)(4) of the Energy Policy Act of 2005 

15 (42 U.S.C. 16274(d)(4)) is amended by striking ‘‘as part 

16 of a taking into consideration effort that emphasizes’’ and 

17 inserting ‘‘that emphasize’’. 

18 SEC. 6. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR IN19 FRASTRUCTURE AND FACILITIES. 

20 Section 955 of the Energy Policy Act of 2005 (42 

21 U.S.C. 16275) is amended— 

22 (1) by striking subsections (c) and (d); and 

23 (2) by adding at the end the following: 

24 ‘‘(c) VERSATILE NEUTRON SOURCE.— 

25 ‘‘(1) MISSION NEED.—Not later than December 

26 31, 2016, the Secretary shall determine the mission 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

HR 4084 RFS

1 need for a versatile reactor-based fast neutron 

2 source, which shall operate as a national user facil3 ity. During this process, the Secretary shall consult 

4 with the private sector, universities, National Lab5 oratories, and relevant Federal agencies to ensure 

6 that this user facility will meet the research needs 

7 of the largest possible majority of prospective users. 

8 ‘‘(2) ESTABLISHMENT.—Upon the determina9 tion of mission need made under paragraph (1), the 

10 Secretary shall, as expeditiously as possible, provide 

11 to the Committee on Science, Space, and Technology 

12 of the House of Representatives and the Committee 

13 on Energy and Natural Resources of the Senate a 

14 detailed plan for the establishment of the user facil15 ity. 

16 ‘‘(3) FACILITY REQUIREMENTS.— 

17 ‘‘(A) CAPABILITIES.—The Secretary shall 

18 ensure that this user facility will provide, at a 

19 minimum, the following capabilities: 

20 ‘‘(i) Fast neutron spectrum irradia21 tion capability. 

22 ‘‘(ii) Capacity for upgrades to accom23 modate new or expanded research needs. 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

HR 4084 RFS

1 ‘‘(B) CONSIDERATIONS.—In carrying out 

2 the plan provided under paragraph (2), the Sec3 retary shall consider the following: 

4 ‘‘(i) Capabilities that support experi5 mental high-temperature testing. 

6 ‘‘(ii) Providing a source of fast neu7 trons at a neutron flux, higher than that 

8 at which current research facilities operate, 

9 sufficient to enable research for an optimal 

10 base of prospective users. 

11 ‘‘(iii) Maximizing irradiation flexibility 

12 and irradiation volume to accommodate as 

13 many concurrent users as possible. 

14 ‘‘(iv) Capabilities for irradiation with 

15 neutrons of a lower energy spectrum. 

16 ‘‘(v) Multiple loops for fuels and ma17 terials testing in different coolants. 

18 ‘‘(vi) Additional pre-irradiation and 

19 post-irradiation examination capabilities. 

20 ‘‘(vii) Lifetime operating costs and 

21 lifecycle costs. 

22 ‘‘(4) REPORTING PROGRESS.—The Department 

23 shall, in its annual budget requests, provide an ex24 planation for any delay in its progress and otherwise 

25 make every effort to complete construction and apVerDate Sep 11 2014 00:11 Jul 16, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4084.RFS H4084

SSpencer on DSK4SPTVN1PROD with BILLS
8 

HR 4084 RFS

1 prove the start of operations for this facility by De2 cember 31, 2025. 

3 ‘‘(5) COORDINATION.—The Secretary shall le4 verage the best practices for management, construc5 tion, and operation of national user facilities from 

6 the Office of Science.’’. 

7 SEC. 7. SECURITY OF NUCLEAR FACILITIES. 

8 Section 956 of the Energy Policy Act of 2005 (42 

9 U.S.C. 16276) is amended by striking ‘‘, acting through 

10 the Director of the Office of Nuclear Energy, Science and 

11 Technology,’’. 

12 SEC. 8. HIGH-PERFORMANCE COMPUTATION AND SUP13 PORTIVE RESEARCH. 

14 Section 957 of the Energy Policy Act of 2005 (42 

15 U.S.C. 16277) is amended to read as follows: 

16 ‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUP17 PORTIVE RESEARCH. 

18 ‘‘(a) MODELING AND SIMULATION.—The Secretary 

19 shall carry out a program to enhance the Nation’s capa20 bilities to develop new reactor technologies through high21 performance computation modeling and simulation tech22 niques. This program shall coordinate with relevant Fed23 eral agencies through the National Strategic Computing 

24 Initiative created under Executive Order No. 13702 (July 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

HR 4084 RFS

1 29, 2015) while taking into account the following objec2 tives: 

3 ‘‘(1) Utilizing expertise from the private sector, 

4 universities, and National Laboratories to develop 

5 computational software and capabilities that pro6 spective users may access to accelerate research and 

7 development of advanced fission reactor systems, nu8 clear fusion systems, and reactor systems for space 

9 exploration. 

10 ‘‘(2) Developing computational tools to simulate 

11 and predict nuclear phenomena that may be vali12 dated through physical experimentation. 

13 ‘‘(3) Increasing the utility of the Department’s 

14 research infrastructure by coordinating with the Ad15 vanced Scientific Computing Research program 

16 within the Office of Science. 

17 ‘‘(4) Leveraging experience from the Energy In18 novation Hub for Modeling and Simulation. 

19 ‘‘(5) Ensuring that new experimental and com20 putational tools are accessible to relevant research 

21 communities. 

22 ‘‘(b) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec23 retary shall consider support for additional research activi24 ties to maximize the utility of its research facilities, includ25 ing physical processes to simulate degradation of materials 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

HR 4084 RFS

1 and behavior of fuel forms and for validation of computa2 tional tools.’’. 

3 SEC. 9. ENABLING NUCLEAR ENERGY INNOVATION. 

4 Subtitle E of title IX of the Energy Policy Act of 

5 2005 (42 U.S.C. 16271 et seq.) is amended by adding at 

6 the end the following: 

7 ‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. 

8 ‘‘(a) NATIONAL REACTOR INNOVATION CENTER.— 

9 The Secretary shall carry out a program to enable the 

10 testing and demonstration of reactor concepts to be pro11 posed and funded by the private sector. The Secretary 

12 shall leverage the technical expertise of relevant Federal 

13 agencies and National Laboratories in order to minimize 

14 the time required to enable construction and operation of 

15 privately funded experimental reactors at National Lab16 oratories or other Department-owned sites while ensuring 

17 reasonable safety for persons working within these sites. 

18 Such reactors shall operate to meet the following objec19 tives: 

20 ‘‘(1) Enabling physical validation of novel reac21 tor concepts. 

22 ‘‘(2) Resolving technical uncertainty and in23 creasing practical knowledge relevant to safety, resil24 ience, security, and functionality of first-of-a-kind 

25 reactor concepts. 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

HR 4084 RFS

1 ‘‘(3) General research and development to im2 prove nascent technologies. 

3 ‘‘(b) REPORTING REQUIREMENT.—Not later than 

4 180 days after the date of enactment of the Nuclear En5 ergy Innovation Capabilities Act, the Secretary, in con6 sultation with the National Laboratories, relevant Federal 

7 agencies, and other stakeholders, shall transmit to the 

8 Committee on Science, Space, and Technology of the 

9 House of Representatives and the Committee on Energy 

10 and Natural Resources of the Senate a report assessing 

11 the Department’s capabilities to authorize, host, and over12 see privately funded fusion and advanced fission experi13 mental reactors as described under subsection (a). The re14 port shall address the following: 

15 ‘‘(1) The Department’s safety review and over16 sight capabilities, including options to leverage ex17 pertise from the Nuclear Regulatory Commission 

18 and National Laboratories. 

19 ‘‘(2) Potential sites capable of hosting activities 

20 described under subsection (a). 

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

22 contractual mechanisms to partner with the private 

23 sector and Federal agencies, including cooperative 

24 research and development agreements, strategic 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

HR 4084 RFS

1 partnership projects, and agreements for commer2 cializing technology. 

3 ‘‘(4) Potential cost structures related to phys4 ical security, decommissioning, liability, and other 

5 long-term project costs. 

6 ‘‘(5) Other challenges or considerations identi7 fied by the Secretary.’’. 

8 SEC. 10. BUDGET PLAN. 

9 (a) IN GENERAL.—Subtitle E of title IX of the En10 ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is fur11 ther amended by adding at the end the following: 

12 ‘‘SEC. 959. BUDGET PLAN. 

13 ‘‘Not later than 12 months after the date of enact14 ment of the Nuclear Energy Innovation Capabilities Act, 

15 the Department shall transmit to the Committee on 

16 Science, Space, and Technology of the House of Rep17 resentatives and the Committee on Energy and Natural 

18 Resources of the Senate 2 alternative 10-year budget 

19 plans for civilian nuclear energy research and development 

20 by the Department. The first shall assume constant an21 nual funding for 10 years at the appropriated level for 

22 the Department’s civilian nuclear energy research and de23 velopment for fiscal year 2016. The second shall be an 

24 unconstrained budget. The two plans shall include— 


SSpencer on DSK4SPTVN1PROD with BILLS
13 

HR 4084 RFS

1 ‘‘(1) a prioritized list of the Department’s pro2 grams, projects, and activities to best support the 

3 development of next generation nuclear energy tech4 nology; 

5 ‘‘(2) realistic budget requirements for the De6 partment to implement sections 955(c), 957, and 

7 958 of this Act; and 

8 ‘‘(3) the Department’s justification for con9 tinuing or terminating existing civilian nuclear en10 ergy research and development programs.’’. 

11 (b) REPORT ON FUSION INNOVATION.—Not later 

12 than 6 months after the date of enactment of this Act, 

13 the Secretary of the Department of Energy shall transmit 

14 to the Committee on Science, Space, and Technology of 

15 the House of Representatives and the Committee on En16 ergy and Natural Resources of the Senate a report that 

17 will identify engineering designs for innovative fusion en18 ergy systems that have the potential to demonstrate net 

19 energy production not later than 15 years after the start 

20 of construction. In this report, the Secretary will identify 

21 budgetary requirements that would be necessary for the 

22 Department to carry out a fusion innovation initiative to 

23 accelerate research and development of these designs. 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

HR 4084 RFS

1 SEC. 11. CONFORMING AMENDMENTS. 

2 The table of contents for the Energy Policy Act of 

3 2005 is amended by striking the item relating to section 

4 957 and inserting the following: 

‘‘957. High-performance computation and supportive research. 

‘‘958. Enabling nuclear energy innovation. 

‘‘959. Budget plan.’’. 

Passed the House of Representatives February 29, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


SSpencer on DSK4SPTVN1PROD with BILLS