I 
115TH CONGRESS 
1ST SESSION 
H. R. 431 
To enable civilian research and development of advanced nuclear energy 
technologies by private and public institutions, to expand theoretical 
and practical knowledge of nuclear physics, chemistry, and materials 
science, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 11, 2017 
Mr. WEBER of Texas (for himself, Mr. KNIGHT, Mr. SMITH of Texas, Ms. 
EDDIE BERNICE JOHNSON of Texas, Mr. LUCAS, Mr. LIPINSKI, Mr. 
CULBERSON, Mr. TONKO, Mr. BRIDENSTINE, Mr. PERLMUTTER, Mr. 
SCHWEIKERT, Mr. GARAMENDI, Mr. PETERS, Mr. HULTGREN, and Mr. 
ROHRABACHER) 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, to expand theoretical and practical knowledge of 
nuclear physics, chemistry, and materials science, and 
for other purposes. 
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 of 2017’’. 
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SEC. 2. NUCLEAR ENERGY INNOVATION CAPABILITIES. 
(a) 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.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out programs of civilian nuclear research, develop-
ment, demonstration, and commercial application, 
including activities under this subtitle. 
‘‘(2) CONSIDERATIONS.—The programs carried 
out under paragraph (1) shall take into consider-
ation the following objectives: 
‘‘(A) Providing research infrastructure to 
promote scientific progress and enable users 
from academia, the National Laboratories, and 
the private sector to make scientific discoveries 
relevant for nuclear, chemical, and materials 
science engineering. 
‘‘(B) Maintaining nuclear energy research 
and development programs at the National 
Laboratories and institutions of higher edu-
cation, including infrastructure at the National 
Laboratories and institutions of higher edu-
cation. 
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‘‘(C) Providing the technical means to re-
duce the likelihood of nuclear proliferation. 
‘‘(D) Increasing confidence margins for 
public safety of nuclear energy systems. 
‘‘(E) Reducing the environmental impact 
of activities relating to nuclear energy. 
‘‘(F) Supporting technology transfer from 
the National Laboratories to the private sector. 
‘‘(G) Enabling the private sector to part-
ner with the National Laboratories to dem-
onstrate novel reactor concepts for the purpose 
of resolving technical uncertainty associated 
with the objectives described in subparagraphs 
(A) through (F). 
‘‘(b) DEFINITIONS.—In this subtitle: 
‘‘(1) 
ADVANCED
NUCLEAR
REACTOR.—The 
term ‘advanced nuclear reactor’ means— 
‘‘(A) a nuclear fission reactor with signifi-
cant improvements over the most recent genera-
tion of nuclear fission reactors, which may in-
clude— 
‘‘(i) inherent safety features; 
‘‘(ii) lower waste yields; 
‘‘(iii) greater fuel utilization; 
‘‘(iv) superior reliability; 
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‘‘(v) resistance to proliferation; 
‘‘(vi) increased thermal efficiency; and 
‘‘(vii) the ability to integrate into elec-
tric and nonelectric applications; or 
‘‘(B) a nuclear fusion reactor. 
‘‘(2) COMMISSION.—The term ‘Commission’ 
means the Nuclear Regulatory Commission. 
‘‘(3) FAST NEUTRON.—The term ‘fast neutron’ 
means a neutron with kinetic energy above 100 
kiloelectron volts. 
‘‘(4) NATIONAL LABORATORY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘National Labora-
tory’ has the meaning given the term in section 
2. 
‘‘(B) LIMITATION.—With respect to the 
Lawrence Livermore National Laboratory, the 
Los Alamos National Laboratory, and the 
Sandia National Laboratories, the term ‘Na-
tional Laboratory’ means only the civilian ac-
tivities of the laboratory. 
‘‘(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 neu-
tron irradiation services for— 
‘‘(A) research on materials sciences and 
nuclear physics; and 
‘‘(B) testing of advanced materials, nuclear 
fuels, and other related components for reactor 
systems.’’. 
(b) NUCLEAR ENERGY RESEARCH PROGRAMS.— 
(1) IN GENERAL.—Section 952 of the Energy 
Policy Act of 2005 (42 U.S.C. 16272) is amended— 
(A) by striking subsection (c); and 
(B) by redesignating subsections (d) and 
(e) as subsections (c) and (d), respectively. 
(2) 
CONFORMING
AMENDMENT.—Section 
641(b)(1) of the Energy Policy Act of 2005 (42 
U.S.C. 16021(b)(1)) is amended by striking ‘‘section 
942(d)’’ and inserting ‘‘section 952(c)’’. 
(c) 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,’’. 
(d) UNIVERSITY NUCLEAR SCIENCE AND ENGINEER-
ING SUPPORT.—Section 954(d)(4) of the Energy Policy 
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Act of 2005 (42 U.S.C. 16274(d)(4)) is amended by strik-
ing ‘‘as part of a taking into consideration effort that em-
phasizes’’ and inserting ‘‘that emphasize’’. 
(e) DEPARTMENT OF ENERGY CIVILIAN NUCLEAR 
INFRASTRUCTURE AND FACILITIES.—Section 955 of the 
Energy Policy Act of 2005 (42 U.S.C. 16275) is amend-
ed— 
(1) by striking subsections (c) and (d); and 
(2) by adding at the end the following: 
‘‘(c) VERSATILE NEUTRON SOURCE.— 
‘‘(1) MISSION NEED.— 
‘‘(A) IN
GENERAL.—Not later than De-
cember 31, 2017, the Secretary shall determine 
the mission need for a versatile reactor-based 
fast neutron source, which shall operate as a 
national user facility. 
‘‘(B) CONSULTATIONS REQUIRED.—In car-
rying out subparagraph (A), the Secretary shall 
consult with the private sector, institutions of 
higher education, the National Laboratories, 
and relevant Federal agencies to ensure that 
the user facility described in subparagraph (A) 
will meet the research needs of the largest prac-
ticable majority of prospective users. 
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‘‘(2) ESTABLISHMENT.—As soon as practicable 
after determining the mission need under paragraph 
(1)(A), the Secretary shall submit to the appropriate 
committees of Congress a detailed plan for the es-
tablishment of the user facility. 
‘‘(3) FACILITY REQUIREMENTS.— 
‘‘(A) CAPABILITIES.—The Secretary shall 
ensure that the 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 submitted under paragraph (2), the 
Secretary 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. 
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‘‘(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) DEADLINE
FOR
ESTABLISHMENT.—The 
Secretary shall, to the maximum extent practicable, 
complete construction of, and approve the start of 
operations for, the user facility by not later than De-
cember 31, 2025. 
‘‘(5) REPORTING.—The Secretary shall include 
in the annual budget request of the Department an 
explanation for any delay in the progress of the De-
partment in completing the user facility by the dead-
line described in paragraph (4). 
‘‘(6) COORDINATION.—The Secretary shall le-
verage the best practices for management, construc-
tion, and operation of national user facilities from 
the Office of Science.’’. 
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(f) 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,’’. 
(g) 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 capabilities of 
the United States to develop new reactor technologies 
through high-performance computation modeling and sim-
ulation techniques. 
‘‘(b) COORDINATION.—In carrying out the program 
under subsection (a), the Secretary shall coordinate with 
relevant Federal agencies as described by the National 
Strategic Computing Initiative established by Executive 
Order 13702 (80 Fed. Reg. 46177 (July 29, 2015)), while 
taking into account the following objectives: 
‘‘(1) Using expertise from the private sector, in-
stitutions of higher education, and the National 
Laboratories to develop computational software and 
capabilities that prospective users may access to ac-
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celerate research and development of advanced nu-
clear reactor 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 research infra-
structure of the Department by coordinating with 
the Advanced Scientific Computing Research pro-
gram 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, including private sector entities en-
gaged in nuclear energy technology development. 
‘‘(c) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec-
retary shall consider support for additional research activi-
ties to maximize the utility of the research facilities of the 
Department, including physical processes— 
‘‘(1) to simulate degradation of materials and 
behavior of fuel forms; and 
‘‘(2) for validation of computational tools.’’. 
(h) ENABLING NUCLEAR ENERGY INNOVATION.— 
Subtitle E of title IX of the Energy Policy Act of 2005 
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(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.— 
There is authorized a program to enable the testing and 
demonstration of reactor concepts to be proposed and 
funded, in whole or in part, by the private sector. 
‘‘(b) TECHNICAL EXPERTISE.—In carrying out the 
program under subsection (a), the Secretary shall leverage 
the technical expertise of relevant Federal agencies and 
the National Laboratories in order to minimize the time 
required to enable construction and operation of privately 
funded experimental reactors at National Laboratories or 
other Department-owned sites. 
‘‘(c) OBJECTIVES.—The reactors described in sub-
section (b) shall operate to meet the following objectives: 
‘‘(1) Enabling physical validation of advanced 
nuclear reactor concepts. 
‘‘(2) Resolving technical uncertainty and in-
creasing practical knowledge relevant to safety, resil-
ience, security, and functionality of advanced nuclear 
reactor concepts. 
‘‘(3) General research and development to im-
prove nascent technologies. 
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‘‘(d) SHARING TECHNICAL EXPERTISE.—In carrying 
out the program under subsection (a), the Secretary may 
enter into a memorandum of understanding with the 
Chairman of the Commission in order to share technical 
expertise and knowledge through— 
‘‘(1) enabling the testing and demonstration of 
advanced nuclear reactor concepts to be proposed 
and funded, in whole or in part, by the private sec-
tor; 
‘‘(2) operating a database to store and share 
data and knowledge relevant to nuclear science and 
engineering between Federal agencies and the pri-
vate sector; 
‘‘(3) developing and testing electric and non-
electric integration and energy conversion systems 
relevant to advanced nuclear reactors; 
‘‘(4) leveraging expertise from the Commission 
with respect to safety analysis; and 
‘‘(5) enabling technical staff of the Commission 
to actively observe and learn about technologies de-
veloped under the program. 
‘‘(e) AGENCY COORDINATION.—The Chairman of the 
Commission and the Secretary shall enter into a memo-
randum of understanding regarding the following: 
‘‘(1) Ensuring that— 
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‘‘(A) the Department has sufficient tech-
nical expertise to support the timely research, 
development, demonstration, and commercial 
application by the civilian nuclear industry of 
safe and innovative advanced nuclear reactor 
technology; and 
‘‘(B) the Commission has sufficient tech-
nical expertise to support the evaluation of ap-
plications for licenses, permits, and design cer-
tifications and other requests for regulatory ap-
proval for advanced nuclear reactors. 
‘‘(2) The use of computers and software codes 
to calculate the behavior and performance of ad-
vanced nuclear reactors based on mathematical mod-
els of the physical behavior of advanced nuclear re-
actors. 
‘‘(3) Ensuring that— 
‘‘(A) the Department maintains and devel-
ops the facilities necessary to enable the timely 
research, development, demonstration, and com-
mercial application by the civilian nuclear in-
dustry of safe and innovative reactor tech-
nology; and 
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‘‘(B) the Commission has access to the fa-
cilities described in subparagraph (A), as need-
ed. 
‘‘(f) REPORTING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Nuclear Energy 
Innovation Capabilities Act of 2017, the Secretary, 
in consultation with the National Laboratories, rel-
evant Federal agencies, and other stakeholders, shall 
submit to the appropriate committees of Congress a 
report assessing the capabilities of the Department 
to authorize, host, and oversee privately funded ex-
perimental advanced nuclear reactors as described in 
subsection (b). 
‘‘(2) CONTENTS.—The report submitted under 
paragraph (1) shall address— 
‘‘(A) the safety review and oversight capa-
bilities of the Department, including options to 
leverage expertise from the Commission and the 
National Laboratories; 
‘‘(B) options to regulate privately proposed 
and funded experimental reactors hosted by the 
Department; 
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‘‘(C) potential sites capable of hosting pri-
vately funded experimental advanced nuclear re-
actors; 
‘‘(D) the efficacy of the available contrac-
tual mechanisms of the Department to partner 
with the private sector and Federal agencies, 
including cooperative research and development 
agreements, strategic partnership projects, and 
agreements for commercializing technology; 
‘‘(E) the liability of the Federal Govern-
ment with respect to the disposal of low-level 
radioactive waste, spent nuclear fuel, or high- 
level radioactive waste (as those terms are de-
fined in section 2 of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10101)); 
‘‘(F) the impact on the aggregate inven-
tory in the United States of low-level radio-
active waste, spent nuclear fuel, or high-level 
radioactive waste (as those terms are defined in 
section 2 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101)); 
‘‘(G) potential cost structures relating to 
physical security, decommissioning, liability, 
and other long-term project costs; and 
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‘‘(H) other challenges or considerations 
identified by the Secretary. 
‘‘(3) UPDATES.—Once every 2 years, the Sec-
retary shall update relevant provisions of the report 
submitted under paragraph (1) and submit to the 
appropriate committees of Congress the update. 
‘‘(g) SAVINGS CLAUSES.— 
‘‘(1) LICENSING
REQUIREMENT.—Nothing in 
this section authorizes the Secretary or any person 
to construct or operate a nuclear reactor for the pur-
pose of demonstrating the suitability for commercial 
application of the nuclear reactor unless licensed by 
the Commission in accordance with section 202 of 
the Energy Reorganization Act of 1974 (42 U.S.C. 
5842). 
‘‘(2) FINANCIAL
PROTECTION.—Any activity 
carried out under this section that involves the risk 
of public liability shall be subject to the financial 
protection or indemnification requirements of section 
170 of the Atomic Energy Act of 1954 (42 U.S.C. 
2210) (commonly known as the ‘Price-Anderson 
Act’).’’. 
(i) BUDGET PLAN.—Subtitle E of title IX of the En-
ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as 
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amended by subsection (h)) is amended by adding at the 
end the following: 
‘‘SEC. 959. BUDGET PLAN. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the Nuclear Energy Innovation Ca-
pabilities Act of 2017, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Sen-
ate and the Committee on Science, Space, and Technology 
of the House of Representatives 2 alternative 10-year 
budget plans for civilian nuclear energy research and de-
velopment by the Secretary, as described in subsections 
(b) through (d). 
‘‘(b) BUDGET PLAN ALTERNATIVE 1.—One of the 
budget plans submitted under subsection (a) shall assume 
constant annual funding for 10 years at the appropriated 
level for the civilian nuclear energy research and develop-
ment of the Department for fiscal year 2016. 
‘‘(c) BUDGET PLAN ALTERNATIVE 2.—One of the 
budget plans submitted under subsection (a) shall be an 
unconstrained budget. 
‘‘(d) INCLUSIONS.—Each alternative budget plan 
submitted under subsection (a) shall include— 
‘‘(1) a prioritized list of the programs, projects, 
and activities of the Department to best support the 
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development of advanced nuclear reactor tech-
nologies; 
‘‘(2) realistic budget requirements for the De-
partment to implement sections 955(c), 957, and 
958; and 
‘‘(3) the justification of the Department for 
continuing or terminating existing civilian nuclear 
energy research and development programs.’’. 
(j) CONFORMING AMENDMENTS.—The table of con-
tents 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.’’. 
Æ 
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