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114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-438

======================================================================



 
               NUCLEAR ENERGY INNOVATION CAPABILITIES ACT

                                _______
                                

 February 29, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

     Mr. Smith of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 4084]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     5
Section-by-Section...............................................     8
Explanation of Amendments........................................     9
Committee Consideration..........................................     9
Application of Law to the Legislative Branch.....................     9
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     9
Statement of General Performance Goals and Objectives............     9
Duplication of Federal Programs..................................    10
Disclosure of Directed Rule Makings..............................    10
Federal Advisory Committee Act...................................    10
Unfunded Mandate Statement.......................................    10
Earmark Identification...........................................    10
Committee Estimate...............................................    10
Budget Authority and Congressional Budget Office Cost Estimate...    10
Changes in Existing Law Made by the Bill as Reported.............    11

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 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 3 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 assume 2 percent annual 
increases to the appropriated level for the Department's nuclear energy 
research and development for fiscal year 2016. The third shall be an 
unconstrained budget. The 3 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 six 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.''.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    This legislation modifies Subtitle E (Nuclear Energy) of 
Title IX (Research and Development) of the Energy Policy Act of 
2005 (42 U.S.C. 16271-16277) by updating policy direction and 
existing authority for civilian nuclear research and 
development (R&D;) by the Department of Energy (DOE or the 
Department). This legislation directs DOE to prioritize R&D; 
infrastructure that will enable academic and proprietary 
nuclear energy research that cannot occur without its 
capabilities. These R&D; capabilities will enable the private 
sector to invest in the development of advanced reactor 
technologies in the United States while providing a clear path 
for experimental reactor development and related experiments at 
DOE labs.

                  BACKGROUND AND NEED FOR LEGISLATION

    The DOE's national laboratory complex originated from the 
Manhattan project and since then has provided the facilities 
and expertise necessary to conduct R&D; for military and 
civilian applications of nuclear energy. The DOE funds civilian 
nuclear energy R&D; through the DOE labs, universities, and the 
private sector all of which employ highly trained scientists to 
maintain the nation's critical R&D; capabilities. The DOE 
manages long-term research and development programs and is 
capable of constructing and operating research infrastructure 
in the national interest that the private sector cannot 
undertake.
    The Department has unique authority under the Atomic Energy 
Act of 1954, as amended, to construct and operate nuclear 
reactors for R&D; purposes that would otherwise require a 
license from the Nuclear Regulatory Commission (NRC or the 
Commission). Yet the Department has not brought online a 
civilian research reactor in almost four decades. As the NRC 
draws the majority of its funding from the currently operating 
reactor fleet (of light-water reactors using the thermal 
neutron spectrum), the Commission remains heavily focused on 
regulating one specific technology class and is not well suited 
to advance non-light water reactors in a timely manner. 
Moreover, the United States lacks sufficient capability to 
conduct physical experiments for materials science, chemistry, 
and fuels R&D; in the fast neutron spectrum or in a liquid 
fueled reactor system.
    The Nuclear Energy Innovation Capabilities Act provides the 
DOE with statutory direction to prioritize R&D; infrastructure 
that will enable scientists and engineers to conduct the 
necessary experiments to develop new technologies and advance 
scientific knowledge through publication of technical papers. 
This statutory direction will provide the DOE with the long-
term certainty it requires for more effective R&D; planning and 
send a positive signal for the private sector to invest in the 
development of advanced reactor technologies in the United 
States.

                            COMMITTEE VIEWS

    Under H.R. 4084, the DOE will develop computational tools 
to model and simulate nuclear phenomena and construct a 
versatile neutron source to enable rare experiments and 
validate computational models. The Department will also provide 
a clear pathway for private development of experimental 
reactors and related experiments at DOE-owned sites. The 
Department will also maintain its current R&D; infrastructure, 
including facilities housed within the DOE labs and 
universities. The Committee encourages the Department to 
continue to leverage talent from universities through the 
nuclear energy university program (NEUP) as a mechanism to 
implement specific activities prioritized in the legislation as 
well as other research programs already in operation.
    The Committee recognizes the accomplished safety record of 
the commercial fleet of reactors under the jurisdiction of NRC. 
The Committee also recognizes that the NRC lacks sufficient 
resources to timely consider and license non-light water 
fission technology due to its 90 percent fee recover basis from 
licensees. As a result, the Commission's current regulatory 
framework, focused solely on light-water technology, creates a 
barrier for private developers to physically demonstrate the 
increased safety and efficiency features of advanced designs.
    This legislation sets forth a timeline for the Department 
to complete a versatile neutron research source capable of 
providing fast neutron irradiation services by the close of 
2025. The Committee encourages the Department to design this 
facility in such a way that it may accommodate expansions and 
upgrades to enable new testing scenarios that may not be 
available in 2025 timeframe. The Committee encourages the 
Department to fully consider options to construct this facility 
under its existing authority pursuant to Sec. 110 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2140). Consistent with testimony 
of the Chairman of the Nuclear Regulatory Commission during the 
Energy Subcommittee hearing titled ``A Review of the Nuclear 
Regulatory Commission's Licensing Process,'' the DOE may elect 
to use technical assistance from the NRC for analysis relevant 
to the design, construction, and operation of a facility such 
as the versatile neutron research source described in the bill. 
The Committee expects the Department to pursue every available 
option to adhere to the timeline described in the legislation.
    The bill authorizes a national reactor innovation center to 
accommodate the needs of private developers by providing the 
capability to expeditiously carry out criticality experiments 
up to the engineering prototype level. The Committee envisions 
that the DOE will carry out the national reactor innovation 
center consistent with the Department's mandate to advance the 
status of civilian nuclear R&D.;
    The Committee is concerned about the lack of progress in 
developing advanced nuclear fission technology in the United 
States, especially while comparative growth has increased for 
such technologies overseas. While other countries continue to 
develop prototypes and commercial advanced reactors, the United 
States appears to be at least a decade away from beginning 
construction of a commercial advanced reactor. If the United 
States fails to regain leadership in advanced nuclear 
technology, it will lose the opportunity to compete in the 
global market and weaken its position to influence global 
nuclear safety and nonproliferation standards. The Committee 
also looks forward to further private investment in fusion 
technology in the United States and encourages the Department 
and the national laboratories to engage with the fusion 
community in the event that a private developer may require use 
of the national reactor innovation center.

                          LEGISLATIVE HISTORY

    On January 12, 2016, the Committee on Science, Space, and 
Technology passed H.R. 4084 (as amended) by voice vote. The 
Committee passed by voice vote an amendment in the nature of a 
substitute and an amendment to require the Department of Energy 
to deliver a report on fusion innovation to the Committee on 
Science, Space, and Technology and to the Committee on Energy 
and Natural Resources of the Senate.
    On December 3, 2015, the Energy Subcommittee of the 
Committee on Science, Space, and Technology held a hearing 
titled ``H.R. 4084, the Nuclear Energy Innovation Capabilities 
Act,'' which included testimony on H.R. 4084 from witnesses 
representing the private sector, academia, and the DOE.
    On November 19, 2015, Rep. Randy Weber, Rep. Eddie Bernice 
Johnson, and Rep. Lamar Smith along with 18 original cosponsors 
introduced H.R. 4084, the Nuclear Energy Innovation 
Capabilities Act. On January 21, 2015, Sen. Mike Crapo, Sen. 
Sheldon Whitehouse, Sen. Jim Risch, and Sen. Cory Booker 
introduced companion legislation in the Senate, S. 2461, the 
Nuclear Energy Innovation Capabilities Act. This legislation 
was adopted as an amendment to S. 2012, the Energy Policy 
Modernization Act, by a vote of 87-4 on January 28, 2016.
    On November 18, 2015, the Energy Subcommittee of the 
Committee on Science, Space, and Technology held a hearing 
titled ``Recommendations of the Commission to Review the 
Effectiveness of the National Energy Laboratories.''
    On July 29, 2015, the Energy Subcommittee of the Committee 
on Science, Space, and Technology held a hearing titled ``A 
Review of the Nuclear Regulatory Commission's Licensing 
Process,'' which addressed the capability of the Nuclear 
Regulatory Commission to provide technical assistance to the 
DOE for assessing safety risk associated with nuclear research 
and development activities.
    On June 17, 2015, the Energy Subcommittee of the Committee 
on Science, Space, and Technology held a hearing titled 
``Department of Energy Oversight: Energy Innovation Hubs,'' 
which scrutinized on the effectiveness of the DOE's model for 
energy innovation by leveraging expertise from the DOE 
laboratories, universities, and the private sector.
    On May 13, 2015, the Energy Subcommittee of the Committee 
on Science, Space, and Technology held a hearing titled 
``Nuclear Energy Innovation and the National Labs,'' which 
explored the capabilities of the DOE laboratories to provide 
unique research infrastructure to enable academic and 
proprietary research and development.
    On January 28, 2015, the Energy Subcommittee of the 
Committee on Science, Space, and Technology held a hearing 
titled ``Super computing and American Technology Leadership,'' 
which addressed the impact of accelerating research and 
development through high performance computational modeling and 
simulation.
    On December 11, 2014, the Energy Subcommittee of the 
Committee on Science, Space, and Technology held a hearing 
titled ``The Future of Nuclear Energy,'' which addressed the 
need for the Department of Energy to use its authority to 
expeditiously support engineering prototype research and 
development, and related experiments at DOE labs.

                           Section-by-Section


Sec. 1. Short title

    The short title of this legislation is ``Nuclear Energy 
Innovation Capabilities Act.''

Sec. 2. Nuclear energy

    This section amends DOE's civilian nuclear energy R&D; 
mission to ensure that the DOE enables the private sector to 
partner with national labs for the purpose of developing novel 
reactor concepts. This section also provides a sense of 
congress that nuclear fission and fusion represent an 
opportunity for high energy density, zero air-emissions 
technology development of national importance to scientific 
progress, national security, energy R&D;, and space exploration.

Sec. 3. Nuclear energy research programs

    This section makes technical changes to current law.

Sec. 4. Advanced fuel cycle initiative

    This section makes technical changes to statutory language.

Sec. 5. University nuclear science and engineering support

    This section makes technical changes to statutory language.

Sec. 6. Department of Energy civilian nuclear infrastructure and 
        facilities

    This section provides the DOE with statutory direction for 
a reactor-based fast neutron research source that will operate 
as an open-access user facility to enable academic and 
proprietary research in the United States.

Sec. 7. Security of nuclear facilities

    This section makes technical changes to statutory language.

Sec. 8. High-performance computation and supportive research

    This section provides programmatic authority for DOE to 
leverage its supercomputing infrastructure to accelerate 
nuclear energy R&D; capabilities for advanced fission and fusion 
reactor technologies.

Sec. 9. Enabling nuclear energy innovation

    This section authorizes a program to enable the private 
sector to partner with DOE laboratories to construct and 
operate privately-funded experimental reactors and related 
experiments at DOE sites.

Sec. 10. Budget plan

    This section requires DOE to produce a transparent, 
strategic, 10-year plan for prioritizing nuclear R&D; programs 
while considering budget constraints.

Sec. 11. Conforming amendments

    This section makes conforming changes to the table of 
contents of Subtitle E of Title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16271).

                       Explanation of Amendments

    The Committee agreed by voice vote to an amendment in the 
nature of a substitute, offered by Chairman Smith. The 
amendment in the nature of a substitute codifies language from 
H.R. 4084, as introduced, into Subtitle E of Title IX of the 
Energy Policy Act of 2005 and makes technical updates to the 
United States Code.
    The Committee also agreed by voice vote to an amendment, 
offered by Mr. Grayson, to require the Secretary to deliver a 
report on fusion innovation to the Committee on Science, Space, 
and Technology of the House and to the Committee on Energy and 
Natural Resources of the Senate.

                        Committee Consideration

    On January 12, 2016, the Committee met in open session and 
ordered reported favorably the bill, H.R. 4084, as amended, by 
voice vote, a quorum being present.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill directs the Department of Energy to prioritize 
research and development infrastructure that will enable 
academic and proprietary research that would otherwise not be 
possible. As such this bill does not relate to employment or 
access to public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    The goal of H.R. 4084 is to direct the Department of Energy 
to prioritize research and development infrastructure that will 
enable academic and proprietary research that would otherwise 
not be possible.

                    Duplication of Federal Programs

    No provision of H.R. 4084 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 4084 does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 4084 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 4084. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 4084 from the Director of 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 18, 2016.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4084, the Nuclear 
Energy Innovation Capabilities Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 4084--Nuclear Energy Innovation Capabilities Act

    H.R. 4084 would amend current law to restate the objectives 
of Department of Energy (DOE) programs related to the research, 
development, demonstration, and commercial application of 
technologies involving nuclear energy. The bill would authorize 
DOE to study the need for a new reactor to support research and 
development of advanced reactor systems, expand capabilities in 
the area of high-performance computation modeling and 
simulation techniques, and implement a program to enable the 
private sector to test and demonstrate reactor concepts. In 
carrying out such activities, H.R. 4084 would require DOE to 
continue to collaborate with the national laboratories, other 
federal agencies, universities, and private firms.
    DOE is already pursing activities similar to those 
envisioned under the bill, so CBO estimates that implementing 
H.R. 4084 would not significantly affect the agency's costs to 
carry out its nuclear programs, which are subject to 
appropriation. (Funding for nuclear energy programs in 2016 
totals $986 million.)
    Because enacting H.R. 4084 would not affect direct spending 
or revenues, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 4084 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 4084 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Administrative Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                       ENERGY POLICY ACT OF 2005


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Energy 
Policy Act of 2005''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                   TITLE IX--RESEARCH AND DEVELOPMENT

     * * * * * * *

                       Subtitle E--Nuclear Energy

     * * * * * * *
[Sec. 957. Alternatives to industrial radioactive sources.]
957. High-performance computation and supportive research.
958. Enabling nuclear energy innovation.
959. Budget plan.

           *       *       *       *       *       *       *


TITLE IX--RESEARCH AND DEVELOPMENT

           *       *       *       *       *       *       *


                       Subtitle E--Nuclear Energy

[SEC. 951. NUCLEAR ENERGY.

  [(a) In General.--The Secretary shall conduct programs of 
civilian nuclear energy research, development, demonstration, 
and commercial application, including activities described in 
this subtitle. Programs under this subtitle shall take into 
consideration the following objectives:
          [(1) Enhancing nuclear power's viability as part of 
        the United States energy portfolio.
          [(2) Providing the technical means to reduce the 
        likelihood of nuclear proliferation.
          [(3) Maintaining a cadre of nuclear scientists and 
        engineers.
          [(4) Maintaining National Laboratory and university 
        nuclear programs, including their infrastructure.
          [(5) Supporting both individual researchers and 
        multidisciplinary teams of researchers to pioneer new 
        approaches in nuclear energy, science, and technology.
          [(6) Developing, planning, constructing, acquiring, 
        and operating special equipment and facilities for the 
        use of researchers.
          [(7) Supporting technology transfer and other 
        appropriate activities to assist the nuclear energy 
        industry, and other users of nuclear science and 
        engineering, including activities addressing 
        reliability, availability, productivity, component 
        aging, safety, and security of nuclear power plants.
          [(8) Reducing the environmental impact of nuclear 
        energy-related activities.
  [(b) Authorization of Appropriations for Core Programs.--
There are authorized to be appropriated to the Secretary to 
carry out nuclear energy research, development, demonstration, 
and commercial application activities, including activities 
authorized under this subtitle, other than those described in 
subsection (c)--
          [(1) $330,000,000 for fiscal year 2007;
          [(2) $355,000,000 for fiscal year 2008; and
          [(3) $495,000,000 for fiscal year 2009.
  [(c) Nuclear Infrastructure and Facilities.--There are 
authorized to be appropriated to the Secretary to carry out 
activities under section 955--
          [(1) $135,000,000 for fiscal year 2007;
          [(2) $140,000,000 for fiscal year 2008; and
          [(3) $145,000,000 for fiscal year 2009.
  [(d) Allocations.--From amounts authorized under subsection 
(a), the following sums are authorized:
          [(1) For activities under section 953--
                  [(A) $150,000,000 for fiscal year 2007;
                  [(B) $155,000,000 for fiscal year 2008; and
                  [(C) $275,000,000 for fiscal year 2009.
          [(2) For activities under section 954--
                  [(A) $43,600,000 for fiscal year 2007;
                  [(B) $50,100,000 for fiscal year 2008; and
                  [(C) $56,000,000 for fiscal year 2009.
          [(3) For activities under section 957, $6,000,000 for 
        each of fiscal years 2007 through 2009.
  [(e) Limitation.--None of the funds authorized under this 
section may be used to decommission the Fast Flux Test 
Facility.]

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. 952. NUCLEAR ENERGY RESEARCH PROGRAMS.

  (a) Nuclear Energy Research Initiative.--The Secretary shall 
carry out a Nuclear Energy Research Initiative for research and 
development related to nuclear energy.
  (b) Nuclear Energy Systems Support Program.--The Secretary 
shall carry out a Nuclear Energy Systems Support Program to 
support research and development activities addressing 
reliability, availability, productivity, component aging, 
safety, and security of existing nuclear power plants.
  [(c) Nuclear Power 2010 Program.--
          [(1) In general.--The Secretary shall carry out a 
        Nuclear Power 2010 Program, consistent with 
        recommendations of the Nuclear Energy Research Advisory 
        Committee of the Department in the report entitled ``A 
        Roadmap to Deploy New Nuclear Power Plants in the 
        United States by 2010'' and dated October 2001.
          [(2) Administration.--The Program shall include--
                  [(A) use of the expertise and capabilities of 
                industry, institutions of higher education, and 
                National Laboratories in evaluation of advanced 
                nuclear fuel cycles and fuels testing;
                  [(B) consideration of a variety of reactor 
                designs suitable for both developed and 
                developing nations;
                  [(C) participation of international 
                collaborators in research, development, and 
                design efforts, as appropriate; and
                  [(D) encouragement for participation by 
                institutions of higher education and industry.]
  [(d)] (c) Generation IV Nuclear Energy Systems Initiative.--
          (1) In general.--The Secretary shall carry out a 
        Generation IV Nuclear Energy Systems Initiative to 
        develop an overall technology plan for and to support 
        research and development necessary to make an informed 
        technical decision about the most promising candidates 
        for eventual commercial application.
          (2) Administration.--In conducting the Initiative, 
        the Secretary shall examine advanced proliferation-
        resistant and passively safe reactor designs, including 
        designs that--
                  (A) are economically competitive with other 
                electric power generation plants;
                  (B) have higher efficiency, lower cost, and 
                improved safety compared to reactors in 
                operation on the date of enactment of this Act;
                  (C) use fuels that are proliferation 
                resistant and have substantially reduced 
                production of high-level waste per unit of 
                output; and
                  (D) use improved instrumentation.
  [(e)] (d) Reactor Production of Hydrogen.--The Secretary 
shall carry out research to examine designs for high-
temperature reactors capable of producing large-scale 
quantities of hydrogen.

SEC. 953. ADVANCED FUEL CYCLE INITIATIVE.

  (a) In General.--The Secretary[, acting through the Director 
of the Office of Nuclear Energy, Science and Technology,] shall 
conduct an advanced fuel recycling technology research, 
development, and demonstration program (referred to in this 
section as the ``program'') to evaluate proliferation-resistant 
fuel recycling and transmutation technologies that minimize 
environmental and public health and safety impacts as an 
alternative to aqueous reprocessing technologies deployed as of 
the date of enactment of this Act in support of evaluation of 
alternative national strategies for spent nuclear fuel and the 
Generation IV advanced reactor concepts.
  (b) Annual Review.--The program shall be subject to annual 
review by the Nuclear Energy Research Advisory Committee of the 
Department or other independent entity, as appropriate.
  (c) International Cooperation.--In carrying out the program, 
the Secretary is encouraged to seek opportunities to enhance 
the progress of the program through international cooperation.
  (d) Reports.--The Secretary shall submit, as part of the 
annual budget submission of the Department, a report on the 
activities of the program.

SEC. 954. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.

  (a) In General.--The Secretary shall conduct a program to 
invest in human resources and infrastructure in the nuclear 
sciences and related fields, including health physics, nuclear 
engineering, and radiochemistry, consistent with missions of 
the Department related to civilian nuclear research, 
development, demonstration, and commercial application.
  (b) Requirements.--In carrying out the program under this 
section, the Secretary shall--
          (1) conduct a graduate and undergraduate fellowship 
        program to attract new and talented students, which may 
        include fellowships for students to spend time at 
        National Laboratories in the areas of nuclear science, 
        engineering, and health physics with a member of the 
        National Laboratory staff acting as a mentor;
          (2) conduct a junior faculty research initiation 
        grant program to assist universities in recruiting and 
        retaining new faculty in the nuclear sciences and 
        engineering by awarding grants to junior faculty for 
        research on issues related to nuclear energy 
        engineering and science;
          (3) support fundamental nuclear sciences, 
        engineering, and health physics research through a 
        nuclear engineering education and research program;
          (4) encourage collaborative nuclear research among 
        industry, National Laboratories, and universities; and
          (5) support communication and outreach related to 
        nuclear science, engineering, and health physics.
  (c) University-National Laboratory Interactions.--The 
Secretary shall conduct--
          (1) a fellowship program for professors at 
        universities to spend sabbaticals at National 
        Laboratories in the areas of nuclear science and 
        technology; and
          (2) a visiting scientist program in which National 
        Laboratory staff can spend time in academic nuclear 
        science and engineering departments.
  (d) Strengthening University Research and Training Reactors 
and Associated Infrastructure.--In carrying out the program 
under this section, the Secretary may support--
          (1) converting research reactors from high-enrichment 
        fuels to low-enrichment fuels and upgrading operational 
        instrumentation;
          (2) consortia of universities to broaden access to 
        university research reactors;
          (3) student training programs, in collaboration with 
        the United States nuclear industry, in relicensing and 
        upgrading reactors, including through the provision of 
        technical assistance; and
          (4) reactor improvements [as part of a taking into 
        consideration effort that emphasizes] that emphasize 
        research, training, and education, including through 
        the Innovations in Nuclear Infrastructure and Education 
        Program or any similar program.
  (e) Operations and Maintenance.--Funding for a project 
provided under this section may be used for a portion of the 
operating and maintenance costs of a research reactor at a 
university used in the project.
  (f) Definition.--In this section, the term ``junior faculty'' 
means a faculty member who was awarded a doctorate less than 10 
years before receipt of an award from the grant program 
described in subsection (b)(2).

SEC. 955. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND 
                    FACILITIES.

  (a) In General.--The Secretary shall operate and maintain 
infrastructure and facilities to support the nuclear energy 
research, development, demonstration, and commercial 
application programs, including radiological facilities 
management, isotope production, and facilities management.
  (b) Duties.--In carrying out this section, the Secretary 
shall--
          (1) develop an inventory of nuclear science and 
        engineering facilities, equipment, expertise, and other 
        assets at all of the National Laboratories;
          (2) develop a prioritized list of nuclear science and 
        engineering plant and equipment improvements needed at 
        each of the National Laboratories;
          (3) consider the available facilities and expertise 
        at all National Laboratories and emphasize investments 
        which complement rather than duplicate capabilities; 
        and
          (4) develop a timeline and a proposed budget for the 
        completion of deferred maintenance on plant and 
        equipment, with the goal of ensuring that Department 
        programs under this subtitle will be generally 
        recognized to be among the best in the world.
  [(c) Plan.--The Secretary shall develop a comprehensive plan 
for the facilities at the Idaho National Laboratory, especially 
taking into account the resources available at other National 
Laboratories. In developing the plan, the Secretary shall--
          [(1) evaluate the facilities planning processes 
        utilized by other physical science and engineering 
        research and development institutions, both in the 
        United States and abroad, that are generally recognized 
        as being among the best in the world, and consider how 
        those processes might be adapted toward developing such 
        facilities plan;
          [(2) avoid duplicating, moving, or transferring 
        nuclear science and engineering facilities, equipment, 
        expertise, and other assets that currently exist at 
        other National Laboratories;
          [(3) consider the establishment of a national 
        transuranic analytic chemistry laboratory as a user 
        facility at the Idaho National Laboratory;
          [(4) include a plan to develop, if feasible, the 
        Advanced Test Reactor and Test Reactor Area into a user 
        facility that is more readily accessible to academic 
        and industrial researchers;
          [(5) consider the establishment of a fast neutron 
        source as a user facility;
          [(6) consider the establishment of new hot cells and 
        the configuration of hot cells most likely to advance 
        research, development, demonstration, and commercial 
        application in nuclear science and engineering, 
        especially in the context of the condition and 
        availability of these facilities elsewhere in the 
        National Laboratories; and
          [(7) include a timeline and a proposed budget for the 
        completion of deferred maintenance on plant and 
        equipment.
  [(d) Transmittal to Congress.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall transmit 
the plan under subsection (c) to Congress.]
  (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. 956. SECURITY OF NUCLEAR FACILITIES.

   The Secretary[, acting through the Director of the Office of 
Nuclear Energy, Science and Technology,] shall conduct a 
research and development program on cost-effective technologies 
for increasing--
          (1) the safety of nuclear facilities from natural 
        phenomena; and
          (2) the security of nuclear facilities from 
        deliberate attacks.

[SEC. 957. ALTERNATIVES TO INDUSTRIAL RADIOACTIVE SOURCES.

  [(a) Survey.--
          [(1) In general.--Not later than August 1, 2006, the 
        Secretary shall submit to Congress the results of a 
        survey of industrial applications of large radioactive 
        sources.
          [(2) Administration.--The survey shall--
                  [(A) consider well-logging sources as one 
                class of industrial sources;
                  [(B) include information on current domestic 
                and international Department, Department of 
                Defense, State Department, and commercial 
                programs to manage and dispose of radioactive 
                sources; and
                  [(C) analyze available disposal options for 
                currently deployed or future sources and, if 
                deficiencies are noted for either deployed or 
                future sources, recommend legislative options 
                that Congress may consider to remedy identified 
                deficiencies.
  [(b) Plan.--
          [(1) In general.--In conjunction with the survey 
        conducted under subsection (a), the Secretary shall 
        establish a research and development program to develop 
        alternatives to sources described in subsection (a) 
        that reduce safety, environmental, or proliferation 
        risks to either workers using the sources or the 
        public.
          [(2) Accelerators.--Miniaturized particle 
        accelerators for well-logging or other industrial 
        applications and portable accelerators for production 
        of short-lived radioactive materials at an industrial 
        site shall be considered as part of the research and 
        development efforts.
          [(3) Report.--Not later than August 1, 2006, the 
        Secretary shall submit to Congress a report describing 
        the details of the program plan.]

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 
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. 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. 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 3 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 assume 2 percent annual 
increases to the appropriated level for the Department's 
nuclear energy research and development for fiscal year 2016. 
The third shall be an unconstrained budget. The 3 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.

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