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42 U.S.C. § 16279c — Enabling nuclear energy innovation

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16279c — Enabling nuclear energy innovation

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Stable record: federal_law:legal_authorities:record_usc_6129abc42a16ba0762bdf92e
Source file: Laws/federal/codes/united-states-code/title-42/section-16279c-enabling-nuclear-energy-innovation--00edbf5417.md
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Source location: Title 42, Chapter 149, § 16279c; chapter-149-national-energy-policy-and-programs.md

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**(a) National Reactor Innovation Center** There is authorized a program to enable the testing and demonstration of reactor concepts to be proposed and funded, in whole or in part, by the private sector. **(b) Technical expertise** In carrying out the program under subsection (a), the Secretary shall leverage the technical expertise of relevant Federal agencies and the National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites. **(c) Objectives** The reactors described in subsection (b) shall operate to meet the following objectives: (1) Enabling physical validation of advanced nuclear reactor concepts. (2) Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of advanced nuclear reactor concepts. (3) General research and development to improve nascent technologies. **(d) Sharing technical expertise** In carrying out the program under subsection (a), the Secretary may enter into a memorandum of understanding with the Chairman of the Commission in order to share technical expertise and knowledge through— (1) enabling the testing and demonstration of advanced nuclear reactor concepts to be proposed and funded, in whole or in part, by the private sector; (2) operating a database to store and share data and knowledge relevant to nuclear science and engineering between Federal agencies and the private sector; (3) developing and testing electric and nonelectric integration and energy conversion systems relevant to advanced nuclear reactors; (4) leveraging expertise from the Commission with respect to safety analysis; and (5) enabling technical staff of the Commission to actively observe and learn about technologies developed under the program. **(e) Agency coordination** The Chairman of the Commission and the Secretary shall enter into a memorandum of understanding regarding the following: (1) Ensuring that— (A) the Department has sufficient technical expertise to support the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative advanced nuclear reactor technology; and (B) the Commission has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear reactors. (2) The use of computers and software codes to calculate the behavior and performance of advanced nuclear reactors based on mathematical models of the physical behavior of advanced nuclear reactors. (3) Ensuring that— (A) the Department maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative reactor technology; and (B) the Commission has access to the facilities described in subparagraph (A), as needed. **(f) Reporting requirements** (1) **In general** — Not later than 180 days after September 28, 2018, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall submit to the appropriate committees of Congress a report assessing the capabilities of the Department to authorize, host, and oversee privately funded experimental advanced nuclear reactors as described in subsection (b). (2) **Contents** — The report submitted under paragraph (1) shall address— (A) the safety review and oversight capabilities of the Department, including options to leverage expertise from the Commission and the National Laboratories; (B) options to regulate privately proposed and funded experimental reactors hosted by the Department; (C) potential sites capable of hosting privately funded experimental advanced nuclear reactors; (D) the efficacy of the available contractual mechanisms of the Department to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology; (E) the liability of the Federal Government with respect to the disposal of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim)); (F) the impact on the aggregate inventory in the United States of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim)); (G) potential cost structures relating to physical security, decommissioning, liability, and other long-term project costs; and (H) other challenges or considerations identified by the Secretary. (3) **Updates** — Once every 2 years, the Secretary shall update relevant provisions of the report submitted under paragraph (1) and submit to the appropriate committees of Congress the update. **(g) Savings clauses** (1) **Licensing requirement** — Nothing in this section authorizes the Secretary or any person to construct or operate a nuclear reactor for the purpose of demonstrating the suitability for commercial application of the nuclear reactor unless licensed by the Commission in accordance with [section 5842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5842&num=0&edition=prelim). (2) **Financial protection** — Any activity carried out under this section that involves the risk of public liability shall be subject to the financial protection or indemnification requirements of [section 2210 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210&num=0&edition=prelim) (commonly known as the “Price-Anderson Act”).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2210 — Indemnification and limitation of liability

**(a) Requirement of financial protection for licensees** Each license issued under section 2133 or 2134 of this title and each construction permit issued under [section 2235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2235&num=0&edition=prelim) shall, and each license issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in [section 2012(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2012/i&num=0&edition=prelim), have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Nuclear Regulatory Commission (in this section referred to as the “Commission”) in the exercise of its licensing and regulatory authority and responsibility shall require in accordance with subsection (b) to cover public liability claims. Whenever such financial protection is required, it may be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection (c). The Commission may require, as a further condition of issuing a license, that an applicant waive any immunity from public liability conferred by Federal or State law. **(b) Amount and type of financial protection for licensees** (1) The amount of primary financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (A) the cost and terms of private insurance, (B) the type, size, and location of the licensed activity and ot

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2210

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10101 — Nuclear Waste Technical Review Board

**(a) Establishment** There is established a Nuclear Waste Technical Review Board that shall be an independent establishment within the executive branch. **(b) Members** (1) The Board shall consist of 11 members who shall be appointed by the President not later than 90 days after December 22, 1987, from among persons nominated by the National Academy of Sciences in accordance with paragraph (3). (2) The President shall designate a member of the Board to serve as chairman. (3) (A) The National Academy of Sciences shall, not later than 90 days after December 22, 1987, nominate not less than 22 persons for appointment to the Board from among persons who meet the qualifications described in subparagraph (C). (B) The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the Board from among persons who meet the qualifications described in subparagraph (C). (C) (i) Each person nominated for appointment to the Board shall be— (I) eminent in a field of science or engineering, including environmental sciences; and (II) selected solely on the basis of established records of distinguished service. (ii) The membership of the Board shall be representative of the broad range of scientific and engineering disciplines related to activities under this subchapter. (iii) No person shall be nominated for appointment to the Board who is an employee of— (I) the Department of Energy; (II) a national laboratory under contract with the Department of Energy; or (III) an entity performing high-level radioactive waste or spent nuclear fuel activities under contract with the Department of Energy. (4) Any vacancy on the Board shall be filled by the nomination and appointment process described in para

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10101

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5842 — Establishment and transfers

**(a) Composition; Chairman; Acting Chairman; quorum; official spokesman; seal; functions of Chairman and Commission** (1) There is established an independent regulatory commission to be known as the Nuclear Regulatory Commission which shall be composed of five members, each of whom shall be a citizen of the United States. The President shall designate one member of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all meetings of the Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information relating to the performance of his duties or responsibilities, and shall have one vote. Action of the Commission shall be determined by a majority vote of the members present. The Chairman (or Acting Chairman in the absence of the Chairman) shall be the official spokesman of the Commission in its relations with the Congress, Government agencies, persons, or the public, and, on behalf of the Commission, shall see to the faithful execution of the policies and decisions of the Commission, and shall report thereon to the Commission from time to time or as the Commission may direct. The Commission shall have an official seal which shall be judicially noticed. (2) The Chairman of the Commission shall be the principal executive officer of the Commission, and he shall e

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5842

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16279c — Organization and administration of pro-

Page 8835 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16280 (F) any other entities the Secretary deter- mines appropriate. (d) Milestone-based demonstration projects The Secretary may carry out demonstration projects under subsection (c) as a milestone- based demonstration project under section 7256c of this title. (e) Nonduplication Entities may not receive funds under this pro- gram if receiving funds from another reactor demonstration program at the Department in the same fiscal year. (f) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the program under this subsection— (1) $405,000,000 for fiscal year 2021; (2) $405,000,000 for fiscal year 2022; (3) $420,000,000 for fiscal year 2023; (4) $455,000,000 for fiscal year 2024; and (5) $455,000,000 for fiscal year 2025. (Pub. L. 109–58, title IX, § 959A, as added Pub. L. 116–260, div. Z, title II, § 2003(g)(1), Dec. 27, 2020, 134 Stat. 2467.) § 16279b. International nuclear energy coopera- tion The Secretary shall carry out a program— (1) to collaborate in international efforts with respect to research, development, dem- onstration, and commercial application of nu- clear technology that supports diplomatic, fi- nancing, nonproliferation, climate, and inter- national economic objectives for the safe, se- cure, and peaceful use of such technology; and (2) to develop collaboration initiatives with respect to such efforts with a variety of coun- tries through— (A) preparations for research and develop- ment agreements; (B) the development of coordinated action plans; and (C) new or existing multilateral coopera- tion commitments including— (i) the International Framework for Nu- clear Energy Cooperation; (ii) the Generation IV International Forum

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 16279c

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