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42 U.S.C. § 16275Department of Energy civilian nuclear infrastructure and facilities

submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 745 words · no verdicts yet

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The Secretary of Energy must maintain nuclear research infrastructure and build a fast neutron source facility. The facility must be ready by the end of 2026, with over a billion dollars authorized for construction. The Secretary may also run GAIN, giving industry access to federal nuclear research tools.

(a) In general The Secretary must run and maintain the infrastructure and facilities that support civilian nuclear research, development, demonstration, and commercial use, including managing radiological facilities and isotope production. (b) Duties The Secretary must: list every nuclear science and engineering facility, piece of equipment, and area of expertise at all the National Laboratories; make a ranked list of plant and equipment upgrades needed at each lab; favor investments that add new capability rather than duplicate what already exists; and set a timeline and budget to catch up on deferred maintenance, aiming to make the Department's programs among the best in the world. (c) Versatile neutron source (1) Authorization. By December 31, 2017, the Secretary had to provide a versatile, reactor-based fast neutron source that operates as a national user facility, consulting with private industry, universities, National Laboratories, and relevant federal agencies to make sure it serves as many researchers as possible. (2) Establishment. As soon as practical after deciding the facility is needed, the Secretary must send Congress a detailed plan for building it. (3) Facility requirements. At minimum, the facility must offer fast-neutron irradiation and room for future upgrades. The Secretary must also consider: high-temperature testing capability; a higher neutron flux than current facilities offer; flexibility and volume to serve many users at once; capability for lower-energy neutron irradiation; multiple test loops using different coolants; extra pre- and post-irradiation testing capability; and lifetime operating and lifecycle costs. (4) Deadline for establishment. As much as practical, construction must be finished and operations approved by December 31, 2026. (5) Reporting. If the facility falls behind that deadline, the Secretary must explain the delay in the Department's yearly budget request. (6) Coordination. The Secretary must use the Office of Science's best practices for managing, building, and running national user facilities. (7) Authorization of appropriations. Congress authorized: $295,000,000 for 2021; $348,000,000 for 2022; $525,000,000 for 2023; $534,000,000 for 2024; and $584,000,000 for 2025. (d) Gateway for Accelerated Innovation in Nuclear (1) In general. The Secretary may create the "Gateway for Accelerated Innovation in Nuclear" (GAIN) program. As much as practical — and consistent with national security — it must give the nuclear industry access to cutting-edge research, plus technical, regulatory, and financial support, to help move new nuclear technology toward commercial use faster and more cheaply. At minimum, the Secretary must offer: testing facilities and experimental tools; computer modeling and simulation tools; access to existing data and data-checking tools; and technical help with guidance or processes. (2) Selection. The Secretary must pick industry partners competitively, based on merit. In choosing partners, the Secretary must weigh what the Department discloses under paragraph (1) and what existing facilities the Department can offer for the partnership.
the actual law source: uscode.house.gov ↗public domain
(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 part will be generally recognized to be among the best in the world.

(c) Versatile neutron source
(1) Authorization
(A) In general

Not later than December 31, 2017, the Secretary shall provide for a versatile reactor-based fast neutron source, which shall operate as a national user facility.

(B) Consultations required

In carrying out subparagraph (A), the Secretary shall consult with the private sector, institutions of higher education, the National Laboratories, and relevant Federal agencies to ensure that the user facility described in subparagraph (A) will meet the research needs of the largest practicable majority of prospective users.

(2) Establishment

As soon as practicable after determining the mission need under paragraph (1)(A), the Secretary shall submit to the appropriate committees of Congress a detailed plan for the establishment of the user facility.

(3) Facility requirements
(A) Capabilities

The Secretary shall ensure that the 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 submitted 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) Deadline for establishment

The Secretary shall, to the maximum extent practicable, complete construction of, and approve the start of operations for, the user facility by not later than December 31, 2026.

(5) Reporting

The Secretary shall include in the annual budget request of the Department an explanation for any delay in the progress of the Department in completing the user facility by the deadline described in paragraph (4).

(6) Coordination

The Secretary shall leverage the best practices for management, construction, and operation of national user facilities from the Office of Science.

(7) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out to completion the construction of the facility under this section—

(A)

$295,000,000 for fiscal year 2021;

(B)

$348,000,000 for fiscal year 2022;

(C)

$525,000,000 for fiscal year 2023;

(D)

$534,000,000 for fiscal year 2024; and

(E)

$584,000,000 for fiscal year 2025.

(d) Gateway for Accelerated Innovation in Nuclear
(1) In general

In carrying out the programs under this part, the Secretary is authorized to establish a new initiative to be known as the Gateway for Accelerated Innovation in Nuclear (GAIN). The initiative shall, to the maximum extent practicable and consistent with national security, provide the nuclear energy industry with access to cutting edge research and development along with the technical, regulatory, and financial support necessary to move innovative nuclear energy technologies toward commercialization in an accelerated and cost-effective fashion. The Secretary shall make available, as a minimum—

(A)

experimental capabilities and testing facilities;

(B)

computational capabilities, modeling, and simulation tools;

(C)

access to existing datasets and data validation tools; and

(D)

technical assistance with guidance or processes as needed.

(2) Selection
(A) In general

The Secretary shall select industry partners for awards on a competitive merit-reviewed basis.

(B) Considerations

In selecting industry partners under subparagraph (A), the Secretary shall consider—

(i)

the information disclosed by the Department as described in paragraph (1); and

(ii)

any existing facilities the Department will provide for public private partnership activities.

Source credit: (Pub. L. 109–58, title IX, § 955, Aug. 8, 2005, 119 Stat. 887; Pub. L. 115–248, § 2(e), Sept. 28, 2018, 132 Stat. 3156; Pub. L. 116–260, div. Z, title II, § 2003(f), Dec. 27, 2020, 134 Stat. 2466.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-58 · 119 Stat. 887
  • 2018Amended · Pub. L. 115-248 · 132 Stat. 3156
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2466

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.

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