[House Report 114-438]
[From the U.S. Government Publishing Office]
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:
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TITLE IX--RESEARCH AND DEVELOPMENT
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Subtitle E--Nuclear Energy
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[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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