Part E—Nuclear Energy
§16271. 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 part. Programs under this part 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 part, 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
(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
(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
(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
(e) Limitation
None of the funds authorized under this section may be used to decommission the Fast Flux Test Facility.
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§16272. 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) 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 August 8, 2005;
(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) 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.
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§16273. 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 August 8, 2005, 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.
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§16274. 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 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).
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§16274a. Integrated University Program
(a) The Secretary of Energy, along with the Administrator of the National Nuclear Security Administration and the Chairman of the Nuclear Regulatory Commission, shall establish an Integrated University Program.
(b) For the purposes of carrying out this section, $45,000,000 is authorized to be appropriated in each of fiscal years 2009 to 2019 as follows:
(1) $15,000,000 for the Department of Energy;
(2) $15,000,000 for the Nuclear Regulatory Commission; and
(3) $15,000,000 for the National Nuclear Security Administration.
(c) Of the amounts authorized to carry out this section, $10,000,000 shall be used by each organization to support university research and development in areas relevant to their respective organization's mission, and $5,000,000 shall be used by each organization to support a jointly implemented Nuclear Science and Engineering Grant Program that will support multiyear research projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering.
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Codification
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the Energy Policy Act of 2005 which comprises this chapter.
§16275. 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 part 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 August 8, 2005, the Secretary shall transmit the plan under subsection (c) to Congress.
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§16276. 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.
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§16277. 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.
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