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. 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 
A BILL 
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’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADVANCED FISSION REACTOR.—The term 
‘‘advanced fission reactor’’ means a nuclear fission 
reactor 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) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) FAST NEUTRON.—The term ‘‘fast neutron’’ 
means a neutron with kinetic energy above 100 
kiloelectron volts. 
(4) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given that term 
in paragraph (3) of section 2 of the Energy Policy 
Act of 2005 (42 U.S.C. 15801(3)), except that with 
respect to subparagraphs (G), (H), and (N) of such 
paragraph, for purposes of this Act the term in-
cludes only the civilian activities thereof. 
(5) NEUTRON FLUX.—The term ‘‘neutron flux’’ 
means the intensity of neutron radiation measured 
as a rate of flow of neutrons applied over an area. 
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(6) NEUTRON
SOURCE.—The term ‘‘neutron 
source’’ means a research machine that provides 
neutron irradiation services for research on mate-
rials sciences and nuclear physics as well as testing 
of advanced materials, nuclear fuels, and other re-
lated components for reactor systems. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 3. MISSION. 
Section 951(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16271(a)) is amended to read as follows: 
‘‘(a) IN GENERAL.—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. 
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‘‘(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 section.’’. 
SEC. 4. 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 attainable source and yields zero air 
emissions. This energy source is of national importance 
to scientific progress, national security, electricity genera-
tion, heat generation for industrial applications, and space 
exploration. Considering the inherent complexity and reg-
ulatory burden associated with this area of science, the 
Department should focus its civilian nuclear research and 
development activities towards programs that enable the 
private sector, National Laboratories, and universities to 
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carry out such experiments as are necessary to promote 
scientific progress and enhance practical knowledge of nu-
clear engineering. 
SEC. 5. 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 13702 (July 29, 
2015) while taking into account the following objectives: 
(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-
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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. 6. VERSATILE NEUTRON SOURCE. 
(a) 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. During this process, 
the Secretary shall consult with the private sector, univer-
sities, National Laboratories, and relevant Federal agen-
cies to ensure that this user facility will meet the research 
needs of the largest possible majority of prospective users. 
(b) ESTABLISHMENT.—Upon the determination of 
mission need made under subsection (a), the Secretary 
shall, as expeditiously as possible, provide to the Com-
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mittee 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 facility. 
(c) FACILITY REQUIREMENTS.— 
(1) CAPABILITIES.—The Secretary shall ensure 
that this user facility will provide, at a minimum, 
the following capabilities: 
(A) Fast neutron spectrum irradiation ca-
pability. 
(B) Capacity for upgrades to accommodate 
new or expanded research needs. 
(2) CONSIDERATIONS.—In carrying out the 
plan provided under subsection (b), the Secretary 
shall consider the following: 
(A) Capabilities that support experimental 
high-temperature testing. 
(B) Providing a source of fast neutrons at 
a neutron flux, higher than that at which cur-
rent research facilities operate, sufficient to en-
able research for an optimal base of prospective 
users. 
(C) Maximizing irradiation flexibility and 
irradiation volume to accommodate as many 
concurrent users as possible. 
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(D) Capabilities for irradiation with neu-
trons of a lower energy spectrum. 
(E) Multiple loops for fuels and materials 
testing in different coolants. 
(F) Additional pre-irradiation and post-ir-
radiation examination capabilities. 
(d) REPORTING PROGRESS.—The Department shall, 
in its annual budget requests, provide an explanation for 
any delay in its progress and otherwise make every effort 
to complete construction and approve the start of oper-
ations for this facility by December 31, 2025. 
(e) COORDINATION.—The Secretary shall leverage 
the best practices for management, construction, and op-
eration of national user facilities from the Office of 
Science. 
SEC. 7. 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 proposed 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 re-
quired to enable construction and operation of privately 
funded experimental reactors at National Laboratories or 
other Department-owned sites while ensuring reasonable 
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safety for persons working within these sites. Such reac-
tors shall operate to meet the following objectives: 
(1) Enabling physical validation of novel reactor 
concepts. 
(2) Resolving technical uncertainty and increas-
ing practical knowledge relevant to safety, resilience, 
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 this Act, the Sec-
retary, in consultation with the National Laboratories, rel-
evant Federal agencies, and other stakeholders, shall 
transmit to the Committee on Science, Space, and Tech-
nology 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 oversee privately funded fusion and advanced fission 
experimental reactors as described under subsection (a). 
The report 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. 
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(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 physical 
security, decommissioning, liability, and other long- 
term project costs. 
(5) Other challenges or considerations identified 
by the Secretary. 
SEC. 8. BUDGET PLAN. 
Not later than 12 months after the date of enactment 
of this Act, the Department shall transmit to the Com-
mittee on Science, Space, and Technology of the House 
of Representatives and the Committee on Energy and 
Natural Resources of the Senate 3 alternative 10-year 
budget plans for civilian nuclear energy research and de-
velopment by the Department. The first shall assume con-
stant annual funding for 10 years at the appropriated level 
for the Department’s civilian nuclear energy research and 
development for fiscal year 2016. The second shall assume 
2 percent annual increases to the appropriated level for 
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the Department’s nuclear energy research and develop-
ment for fiscal year 2016. The third shall be an uncon-
strained budget. The 3 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 5, 6, and 7 of this 
Act; and 
(3) the Department’s justification for con-
tinuing or terminating existing civilian nuclear en-
ergy research and development programs. 
Æ 
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