42 U.S.C. § 16278 — Enabling nuclear energy innovation

Page 8832 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16278 (2) for validation of computational tools. (d) Duplication The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the ac- tivities of the program under subsection (a) with the activities of— (1) other research entities of the Depart- ment, including the National Laboratories, the Advanced Research Projects Agency–Energy, and the Advanced Scientific Computing Research program; and (2) industry. (Pub. L. 109–58, title IX, § 957, Aug. 8, 2005, 119 Stat. 888; Pub. L. 115–248, § 2(g), Sept. 28, 2018, 132 Stat. 3157; Pub. L. 116–260, div. Z, title II, § 2004, Dec. 27, 2020, 134 Stat. 2470.) Editorial Notes REFERENCES IN TEXT Executive Order 13702, referred to in subsec. (b), is set out as a note under section 5501 of Title 15, Commerce and Trade. AMENDMENTS 2020—Subsec. (d). Pub. L. 116–260 added subsec. (d). 2018—Pub. L. 115–248 amended section generally. Prior to amendment, section related to survey and plan re- garding alternatives to industrial radioactive sources. § 16278. Enabling nuclear energy innovation (a) National Reactor Innovation Center There is authorized a program to enable the testing and demonstration of reactor concepts to be proposed and funded, in whole or in part, by the private sector. (b) Technical expertise In carrying out the program under subsection (a), the Secretary shall leverage the technical expertise of relevant Federal agencies and the National Laboratories in order to minimize the time required to enable construction and oper- ation 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 in- creasing practical knowledge relevant to safe- ty, resilience, security, and functionality of advanced nuclear reactor concepts. (3) General research and development to im- prove nascent technologies. (d) Sharing technical expertise In carrying out the program under subsection (a), the Secretary may enter into a memo- randum of understanding with the Chairman of the Commission in order to share technical ex- pertise 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 agen- cies and the private sector; (3) developing and testing electric and non- electric integration and energy conversion systems relevant to advanced nuclear reac- tors; (4) leveraging expertise from the Commis- sion with respect to safety analysis; and (5) enabling technical staff of the Commis- sion to actively observe and learn about tech- nologies developed under the program. (e) Agency coordination The Chairman of the Commission and the Sec- retary shall enter into a memorandum of under- standing regarding the following: (1) Ensuring that— (A) the Department has sufficient tech- nical expertise to support the timely re- search, development, demonstration, and commercial application by the civilian nu- clear industry of safe and innovative ad- vanced nuclear reactor technology; and (B) the Commission has sufficient tech- nical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regu- latory approval for advanced nuclear reac- tors. (2) The use of computers and software codes to calculate the behavior and performance of advanced nuclear reactors based on mathe- matical models of the physical behavior of ad- vanced nuclear reactors. (3) Ensuring that— (A) the Department maintains and devel- ops the facilities necessary to enable the timely research, development, demonstra- tion, and commercial application by the ci- vilian nuclear industry of safe and innova- tive reactor technology; and (B) the Commission has access to the fa- cilities 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 agen- cies, and other stakeholders, shall submit to the appropriate committees of Congress a re- port assessing the capabilities of the Depart- ment to authorize, host, and oversee privately funded experimental advanced nuclear reac- tors as described in subsection (b). (2) Contents The report submitted under paragraph (1) shall address— (A) the safety review and oversight capa- bilities of the Department, including options to leverage expertise from the Commission and the National Laboratories; (B) options to regulate privately proposed and funded experimental reactors hosted by the Department; (C) potential sites capable of hosting pri- vately funded experimental advanced nu- clear reactors; (D) the efficacy of the available contrac- tual mechanisms of the Department to part- Page 8833 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16279a ner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partner- ship projects, and agreements for commer- cializing technology; (E) the liability of the Federal Govern- ment with respect to the disposal of low- level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in section 10101 of this title); (F) the impact on the aggregate inventory in the United States of low-level radioactive waste, spent nuclear fuel, or high-level ra- dioactive waste (as those terms are defined in section 10101 of this title); (G) potential cost structures relating to physical security, decommissioning, liabil- ity, 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 up- date relevant provisions of the report sub- mitted under paragraph (1) and submit to the appropriate committees of Congress the up- date. (g) Savings clauses (1) Licensing requirement Nothing in this section authorizes the Sec- retary or any person to construct or operate a nuclear reactor for the purpose of dem- onstrating the suitability for commercial ap- plication of the nuclear reactor unless licensed by the Commission in accordance with section 5842 of this title. (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 in- demnification requirements of section 2210 of this title (commonly known as the ‘‘Price-An- derson Act’’). (Pub. L. 109–58, title IX, § 958, as added Pub. L. 115–248, § 2(h), Sept. 28, 2018, 132 Stat. 3157.) § 16279. Budget plan (a) In general Not later than 1 year after September 28, 2018, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Tech- nology of the House of Representatives 2 alter- native 10-year budget plans for civilian nuclear energy research and development by the Sec- retary, as described in subsections (b) through (d). (b) Budget plan alternative 1 One of the budget plans submitted under sub- section (a) shall assume constant annual fund- ing for 10 years at the appropriated level for the current fiscal year for the civilian nuclear en- ergy research and development of the Depart- ment. (c) Budget plan alternative 2 One of the budget plans submitted under sub- section (a) shall be an unconstrained budget. (d) Inclusions Each alternative budget plan submitted under subsection (a) shall include— (1) a prioritized list of the programs, projects, and activities of the Department to best support the development of advanced nu- clear reactor technologies; (2) realistic budget requirements for the De- partment to implement sections 16275(c), 16277, and 16278 of this title; (3) the justification of the Department for continuing or terminating existing civilian nuclear energy research and development pro- grams; and (4) a description of the progress made under the programs described in section 16279a of this title. (e) Updates Not less frequently than once every 2 years, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate updated 10- year budget plans which shall identify, and pro- vide a justification for, any major deviation from a previous budget plan submitted under this section. (Pub. L. 109–58, title IX, § 959, as added Pub. L. 115–248, § 2(i), Sept. 28, 2018, 132 Stat. 3160; amended Pub. L. 116–260, div. Z, title II, § 2005, 134 Stat. 2470.) Editorial Notes AMENDMENTS 2020—Subsec. (b). Pub. L. 116–260, § 2005(1), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘One of the budget plans submitted under sub- section (a) shall assume constant annual funding for 10 years at the appropriated level for the civilian nuclear energy research and development of the Department for fiscal year 2016.’’ Subsec. (d)(4). Pub. L. 116–260, § 2005(2)–(4), added par. (4). Subsec. (e). Pub. L. 116–260, § 2005(5), added subsec. (e). § 16279a. Advanced reactor demonstration pro- gram (a) Demonstration project defined For the purposes of this section, the term ‘‘demonstration project’’ means an advanced nu- clear reactor operated in any manner, including as part of the power generation facilities of an electric utility system, for the purpose of dem- onstrating the suitability for commercial appli- cation of the advanced nuclear reactor. (b) Establishment The Secretary shall establish a program to ad- vance the research, development, demonstra- tion, and commercial application of domestic advanced, affordable, nuclear energy tech- nologies by— (1) demonstrating a variety of advanced nu- clear reactor technologies, including those that could be used to produce— (A) safer, emissions-free power at a com- petitive cost of electricity compared to other new energy generation technologies on December 27, 2020;