IB 
Union Calendar No. 335 
114TH CONGRESS 
2D SESSION 
H. R. 4084 
[Report No. 114–438] 
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. PERL-
MUTTER, Mrs. COMSTOCK, Mr. TONKO, Mr. BRIDENSTINE, Mr. ROHR-
ABACHER, Mr. HULTGREN, Mr. WESTERMAN, Mr. SCHWEIKERT, Mr. 
BABIN, Mr. CULBERSON, Mr. BRADY of Texas, Mr. SESSIONS, Mr. CAR-
TER of Texas, Mr. CONAWAY, Mr. MARCHANT, and Mr. FARENTHOLD) 
introduced the following bill; which was referred to the Committee on 
Science, Space, and Technology 
FEBRUARY 29, 2016 
Additional sponsors: Mr. KNIGHT, Ms. ADAMS, Mr. POSEY, Mr. LUCAS, Mr. 
NEUGEBAUER, Mr. GARAMENDI, Mr. PETERS, and Mr. GARRETT 
FEBRUARY 29, 2016 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on November 19, 2015] 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Energy Innova-
tion Capabilities Act’’. 
SEC. 2. NUCLEAR ENERGY. 
Section 951 of the Energy Policy Act of 2005 (42 
U.S.C. 16271) is amended to read as follows: 
‘‘SEC. 951. NUCLEAR ENERGY. 
‘‘(a) MISSION.—The Secretary shall conduct programs 
of civilian nuclear research, development, demonstration, 
and commercial application, including activities in this 
subtitle. Such programs shall take into consideration the 
following objectives: 
‘‘(1) Providing research infrastructure to pro-
mote scientific progress and enable users from aca-
demia, the National Laboratories, and the private sec-
tor to make scientific discoveries relevant for nuclear, 
chemical, and materials science engineering. 
‘‘(2) Maintaining National Laboratory and uni-
versity nuclear energy research and development pro-
grams, including their infrastructure. 
‘‘(3) Providing the technical means to reduce the 
likelihood of nuclear weapons proliferation and in-
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creasing confidence margins for public safety of nu-
clear energy systems. 
‘‘(4) Reducing the environmental impact of nu-
clear energy related activities. 
‘‘(5) Supporting technology transfer from the 
National Laboratories to the private sector. 
‘‘(6) Enabling the private sector to partner with 
the National Laboratories to demonstrate novel reac-
tor concepts for the purpose of resolving technical un-
certainty associated with the aforementioned objec-
tives in this subsection. 
‘‘(b) DEFINITIONS.—In this subtitle: 
‘‘(1) ADVANCED
FISSION
REACTOR.—The term 
‘advanced fission reactor’ means a nuclear fission re-
actor with significant improvements over the most re-
cent generation of nuclear reactors, which may in-
clude inherent safety features, lower waste yields, 
greater fuel utilization, superior reliability, resistance 
to proliferation, and increased thermal efficiency. 
‘‘(2) FAST NEUTRON.—The term ‘fast neutron’ 
means a neutron with kinetic energy above 100 
kiloelectron volts. 
‘‘(3) NATIONAL
LABORATORY.—The term ‘Na-
tional Laboratory’ has the meaning given that term 
in paragraph (3) of section 2, except that with respect 
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to subparagraphs (G), (H), and (N) of such para-
graph, for purposes of this subtitle the term includes 
only the civilian activities thereof. 
‘‘(4) NEUTRON FLUX.—The term ‘neutron flux’ 
means the intensity of neutron radiation measured as 
a rate of flow of neutrons applied over an area. 
‘‘(5) NEUTRON
SOURCE.—The term ‘neutron 
source’ means a research machine that provides neu-
tron irradiation services for research on materials 
sciences and nuclear physics as well as testing of ad-
vanced materials, nuclear fuels, and other related 
components for reactor systems. 
‘‘(c) SENSE OF CONGRESS.—It is the sense of the Con-
gress that nuclear energy, through fission or fusion, rep-
resents the highest energy density of any known attainable 
source and yields zero air emissions. This energy source is 
of national importance to scientific progress, national secu-
rity, electricity generation, heat generation for industrial 
applications, and space exploration. Considering the inher-
ent complexity and regulatory burden associated with this 
area of science, the Department should focus its civilian nu-
clear research and development activities towards programs 
that enable the private sector, National Laboratories, and 
universities to carry out such experiments as are necessary 
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to promote scientific progress and enhance practical knowl-
edge of nuclear engineering.’’. 
SEC. 3. NUCLEAR ENERGY RESEARCH PROGRAMS. 
Section 952 of the Energy Policy Act of 2005 (42 
U.S.C. 16272) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively. 
SEC. 4. ADVANCED FUEL CYCLE INITIATIVE. 
Section 953(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16273(a)) is amended by striking ‘‘, acting through 
the Director of the Office of Nuclear Energy, Science and 
Technology,’’. 
SEC. 5. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING 
SUPPORT. 
Section 954(d)(4) of the Energy Policy Act of 2005 (42 
U.S.C. 16274(d)(4)) is amended by striking ‘‘as part of a 
taking into consideration effort that emphasizes’’ and in-
serting ‘‘that emphasize’’. 
SEC. 6. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR IN-
FRASTRUCTURE AND FACILITIES. 
Section 955 of the Energy Policy Act of 2005 (42 
U.S.C. 16275) is amended— 
(1) by striking subsections (c) and (d); and 
(2) by adding at the end the following: 
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‘‘(c) VERSATILE NEUTRON SOURCE.— 
‘‘(1) MISSION NEED.—Not later than December 
31, 2016, the Secretary shall determine the mission 
need for a versatile reactor-based fast neutron source, 
which shall operate as a national user facility. Dur-
ing this process, the Secretary shall consult with the 
private sector, universities, National Laboratories, 
and relevant Federal agencies to ensure that this user 
facility will meet the research needs of the largest pos-
sible majority of prospective users. 
‘‘(2) ESTABLISHMENT.—Upon the determination 
of mission need made under paragraph (1), the Sec-
retary shall, as expeditiously as possible, provide to 
the Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a de-
tailed plan for the establishment of the user facility. 
‘‘(3) FACILITY REQUIREMENTS.— 
‘‘(A) CAPABILITIES.—The Secretary shall 
ensure that this user facility will provide, at a 
minimum, the following capabilities: 
‘‘(i) Fast neutron spectrum irradiation 
capability. 
‘‘(ii) Capacity for upgrades to accom-
modate new or expanded research needs. 
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