114TH CONGRESS 
2D SESSION 
H. R. 4084 
AN ACT 
To enable civilian research and development of advanced 
nuclear energy technologies by private and public institu-
tions and to expand theoretical and practical knowledge 
of nuclear physics, chemistry, and materials science. 
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 Inno-
vation 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 pro-
grams of civilian nuclear research, development, dem-
onstration, and commercial application, including activi-
ties in this subtitle. Such programs shall take into consid-
eration the following objectives: 
‘‘(1) Providing research infrastructure to pro-
mote scientific progress and enable users from aca-
demia, the National Laboratories, and the private 
sector to make scientific discoveries relevant for nu-
clear, chemical, and materials science engineering. 
‘‘(2) Maintaining National Laboratory and uni-
versity nuclear energy research and development 
programs, including their infrastructure. 
‘‘(3) Providing the technical means to reduce 
the likelihood of nuclear weapons proliferation and 
increasing confidence margins for public safety of 
nuclear 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 
uncertainty associated with the aforementioned ob-
jectives 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 
recent generation of nuclear reactors, which may in-
clude inherent safety features, lower waste yields, 
greater fuel utilization, superior reliability, resist-
ance to proliferation, and increased thermal effi-
ciency. 
‘‘(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 re-
spect to subparagraphs (G), (H), and (N) of such 
paragraph, for purposes of this subtitle the term in-
cludes 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 
Congress that nuclear energy, through fission or fusion, 
represents the highest energy density of any known attain-
able source and yields zero air emissions. This energy 
source is of national importance to scientific progress, na-
tional security, electricity generation, heat generation for 
industrial applications, and space exploration. Considering 
the inherent complexity and regulatory burden associated 
with this area of science, the Department should focus its 
civilian nuclear research and development activities to-
wards programs that enable the private sector, National 
Laboratories, and universities to carry out such experi-
ments as are necessary to promote scientific progress and 
enhance practical knowledge 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 
inserting ‘‘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: 
‘‘(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 facil-
ity. During this process, the Secretary shall consult 
with the private sector, universities, National Lab-
oratories, and relevant Federal agencies to ensure 
that this user facility will meet the research needs 
of the largest possible majority of prospective users. 
‘‘(2) ESTABLISHMENT.—Upon the determina-
tion of mission need made under paragraph (1), the 
Secretary 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 
detailed plan for the establishment of the user facil-
ity. 
‘‘(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 irradia-
tion capability. 
‘‘(ii) Capacity for upgrades to accom-
modate new or expanded research needs.
‘‘(B) CONSIDERATIONS.—In carrying out 
the plan provided under paragraph (2), the Sec-
retary shall consider the following: 
‘‘(i) Capabilities that support experi-
mental high-temperature testing. 
‘‘(ii) Providing a source of fast neu-
trons at a neutron flux, higher than that 
at which current research facilities operate, 
sufficient to enable research for an optimal 
base of prospective users. 
‘‘(iii) Maximizing irradiation flexibility 
and irradiation volume to accommodate as 
many concurrent users as possible. 
‘‘(iv) Capabilities for irradiation with 
neutrons of a lower energy spectrum. 
‘‘(v) Multiple loops for fuels and ma-
terials testing in different coolants. 
‘‘(vi) Additional pre-irradiation and 
post-irradiation examination capabilities. 
‘‘(vii) Lifetime operating costs and 
lifecycle costs. 
‘‘(4) REPORTING PROGRESS.—The Department 
shall, in its annual budget requests, provide an ex-
planation for any delay in its progress and otherwise 
make every effort to complete construction and ap-
prove the start of operations for this facility by De-
cember 31, 2025. 
‘‘(5) COORDINATION.—The Secretary shall le-
verage the best practices for management, construc-
tion, and operation of national user facilities from 
the Office of Science.’’. 
SEC. 7. SECURITY OF NUCLEAR FACILITIES. 
Section 956 of the Energy Policy Act of 2005 (42 
U.S.C. 16276) is amended by striking ‘‘, acting through 
the Director of the Office of Nuclear Energy, Science and 
Technology,’’. 
SEC. 8. HIGH-PERFORMANCE COMPUTATION AND SUP-
PORTIVE RESEARCH. 
Section 957 of the Energy Policy Act of 2005 (42 
U.S.C. 16277) is amended to read as follows: 
‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUP-
PORTIVE RESEARCH. 
‘‘(a) MODELING AND SIMULATION.—The Secretary 
shall carry out a program to enhance the Nation’s capa-
bilities to develop new reactor technologies through high- 
performance computation modeling and simulation tech-
niques. This program shall coordinate with relevant Fed-
eral agencies through the National Strategic Computing 
Initiative created under Executive Order No. 13702 (July
29, 2015) while taking into account the following objec-
tives: 
‘‘(1) Utilizing expertise from the private sector, 
universities, and National Laboratories to develop 
computational software and capabilities that pro-
spective users may access to accelerate research and 
development of advanced fission reactor systems, nu-
clear fusion systems, and reactor systems for space 
exploration. 
‘‘(2) Developing computational tools to simulate 
and predict nuclear phenomena that may be vali-
dated through physical experimentation. 
‘‘(3) Increasing the utility of the Department’s 
research infrastructure by coordinating with the Ad-
vanced Scientific Computing Research program 
within the Office of Science. 
‘‘(4) Leveraging experience from the Energy In-
novation Hub for Modeling and Simulation. 
‘‘(5) Ensuring that new experimental and com-
putational tools are accessible to relevant research 
communities. 
‘‘(b) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec-
retary shall consider support for additional research activi-
ties to maximize the utility of its research facilities, includ-
ing physical processes to simulate degradation of materials
and behavior of fuel forms and for validation of computa-
tional tools.’’. 
SEC. 9. ENABLING NUCLEAR ENERGY INNOVATION. 
Subtitle E of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16271 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. 
‘‘(a) NATIONAL REACTOR INNOVATION CENTER.— 
The Secretary shall carry out a program to enable the 
testing and demonstration of reactor concepts to be pro-
posed and funded by the private sector. The Secretary 
shall leverage the technical expertise of relevant Federal 
agencies and National Laboratories in order to minimize 
the time required to enable construction and operation of 
privately funded experimental reactors at National Lab-
oratories or other Department-owned sites while ensuring 
reasonable safety for persons working within these sites. 
Such reactors shall operate to meet the following objec-
tives: 
‘‘(1) Enabling physical validation of novel reac-
tor concepts. 
‘‘(2) Resolving technical uncertainty and in-
creasing practical knowledge relevant to safety, resil-
ience, security, and functionality of first-of-a-kind 
reactor concepts.
‘‘(3) General research and development to im-
prove nascent technologies. 
‘‘(b) REPORTING REQUIREMENT.—Not later than 
180 days after the date of enactment of the Nuclear En-
ergy Innovation Capabilities Act, the Secretary, in con-
sultation with the National Laboratories, relevant Federal 
agencies, and other stakeholders, shall transmit 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 report assessing 
the Department’s capabilities to authorize, host, and over-
see privately funded fusion and advanced fission experi-
mental reactors as described under subsection (a). The re-
port shall address the following: 
‘‘(1) The Department’s safety review and over-
sight capabilities, including options to leverage ex-
pertise from the Nuclear Regulatory Commission 
and National Laboratories. 
‘‘(2) Potential sites capable of hosting activities 
described under subsection (a). 
‘‘(3) The efficacy of the Department’s available 
contractual mechanisms to partner with the private 
sector and Federal agencies, including cooperative 
research and development agreements, strategic
partnership projects, and agreements for commer-
cializing technology. 
‘‘(4) Potential cost structures related to phys-
ical security, decommissioning, liability, and other 
long-term project costs. 
‘‘(5) Other challenges or considerations identi-
fied by the Secretary.’’. 
SEC. 10. BUDGET PLAN. 
(a) IN GENERAL.—Subtitle E of title IX of the En-
ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is fur-
ther amended by adding at the end the following: 
‘‘SEC. 959. BUDGET PLAN. 
‘‘Not later than 12 months after the date of enact-
ment of the Nuclear Energy Innovation Capabilities Act, 
the Department shall transmit to the Committee on 
Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate 2 alternative 10-year budget 
plans for civilian nuclear energy research and development 
by the Department. The first shall assume constant an-
nual funding for 10 years at the appropriated level for 
the Department’s civilian nuclear energy research and de-
velopment for fiscal year 2016. The second shall be an 
unconstrained budget. The two plans shall include—
‘‘(1) a prioritized list of the Department’s pro-
grams, projects, and activities to best support the 
development of next generation nuclear energy tech-
nology; 
‘‘(2) realistic budget requirements for the De-
partment to implement sections 955(c), 957, and 
958 of this Act; and 
‘‘(3) the Department’s justification for con-
tinuing or terminating existing civilian nuclear en-
ergy research and development programs.’’. 
(b) REPORT
ON FUSION INNOVATION.—Not later 
than 6 months after the date of enactment of this Act, 
the Secretary of the Department of Energy shall transmit 
to the Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report that 
will identify engineering designs for innovative fusion en-
ergy systems that have the potential to demonstrate net 
energy production not later than 15 years after the start 
of construction. In this report, the Secretary will identify 
budgetary requirements that would be necessary for the 
Department to carry out a fusion innovation initiative to 
accelerate research and development of these designs.
SEC. 11. CONFORMING AMENDMENTS. 
The table of contents for the Energy Policy Act of 
2005 is amended by striking the item relating to section 
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: 
Clerk.