[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4084 Received in Senate (RDS)]
<DOC>
114th CONGRESS
2d Session
H. R. 4084
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2016
Received
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Energy Innovation
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 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.
``(2) Maintaining National Laboratory and university
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 nuclear 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 reactor concepts for
the purpose of resolving technical uncertainty associated with
the aforementioned objectives in this subsection.
``(b) Definitions.--In this subtitle:
``(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 include 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 `National Laboratory'
has the meaning given that term in paragraph (3) of section 2,
except that with respect to subparagraphs (G), (H), and (N) of
such paragraph, 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 neutron irradiation services for
research on materials sciences and nuclear physics as well as
testing of advanced 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 attainable source and yields zero air
emissions. This energy source is of national importance to scientific
progress, national 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 towards programs that enable the private sector,
National Laboratories, and universities to carry out such experiments
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 INFRASTRUCTURE 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 facility. During 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
possible majority of prospective users.
``(2) Establishment.--Upon the determination 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 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 accommodate
new or expanded research needs.
``(B) Considerations.--In carrying out the plan
provided under paragraph (2), the Secretary shall
consider the following:
``(i) Capabilities that support
experimental high-temperature testing.
``(ii) Providing a source of fast neutrons
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
materials 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 explanation for any delay in
its progress and otherwise make every effort to complete
construction and approve the start of operations for this
facility by December 31, 2025.
``(5) Coordination.--The Secretary shall leverage the best
practices for management, construction, 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 SUPPORTIVE 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 SUPPORTIVE RESEARCH.
``(a) Modeling and Simulation.--The Secretary shall carry out a
program to enhance the Nation's capabilities to develop new reactor
technologies through high-performance computation modeling and
simulation techniques. This program shall coordinate with relevant
Federal agencies through the National Strategic Computing Initiative
created under Executive Order No. 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 prospective users
may access to accelerate research and development of advanced
fission reactor systems, nuclear fusion systems, and reactor
systems for space exploration.
``(2) Developing computational tools to simulate and
predict nuclear phenomena that may be validated through
physical experimentation.
``(3) Increasing the utility of the Department's research
infrastructure by coordinating with the Advanced Scientific
Computing Research program within the Office of Science.
``(4) Leveraging experience from the Energy Innovation Hub
for Modeling and Simulation.
``(5) Ensuring that new experimental and computational
tools are accessible to relevant research communities.
``(b) Supportive Research Activities.--The Secretary shall consider
support for additional research activities to maximize the utility of
its research facilities, including physical processes to simulate
degradation of materials and behavior of fuel forms and for validation
of computational 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 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 required to enable
construction and operation of privately funded experimental reactors at
National Laboratories or other Department-owned sites while ensuring
reasonable safety for persons working within these sites. Such reactors
shall operate to meet the following objectives:
``(1) Enabling physical validation of novel reactor
concepts.
``(2) Resolving technical uncertainty and increasing
practical knowledge relevant to safety, resilience, security,
and functionality of first-of-a-kind reactor concepts.
``(3) General research and development to improve nascent
technologies.
``(b) Reporting Requirement.--Not later than 180 days after the
date of enactment of the Nuclear Energy Innovation Capabilities Act,
the Secretary, in consultation 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 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 oversight
capabilities, including options to leverage expertise 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 commercializing 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. 10. BUDGET PLAN.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) is further amended by adding at the end
the following:
``SEC. 959. BUDGET PLAN.
``Not later than 12 months after the date of enactment of the
Nuclear Energy Innovation Capabilities Act, the Department 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 2 alternative 10-year budget plans for civilian
nuclear energy research and development by the Department. The first
shall assume constant 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 be an unconstrained
budget. The two plans shall include--
``(1) a prioritized list of the Department's programs,
projects, and activities to best support the development of
next generation nuclear energy technology;
``(2) realistic budget requirements for the Department to
implement sections 955(c), 957, and 958 of this Act; and
``(3) the Department's justification for continuing or
terminating existing civilian nuclear energy 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 Energy
and Natural Resources of the Senate a report that will identify
engineering designs for innovative fusion energy 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:
KAREN L. HAAS,
Clerk.