Title 42The Public Health and WelfareRelease 119-73

§16023 Project organization

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER VI— - NUCLEAR MATTERS › Part Part B— - Next Generation Nuclear Plant Project › § 16023

Last updated Apr 6, 2026|Official source

Summary

Creates a Project made of five main parts: developing and testing high‑temperature hydrogen production; developing and testing energy conversion systems; developing and qualifying nuclear fuel; choosing, testing, and qualifying materials; and designing, engineering, and qualifying the reactor and the rest of the plant. The work happens in two phases. The first phase must pick and prove the hydrogen technology, do research and demonstrations on the other areas, decide if one prototype plant should make both electricity and hydrogen, and begin initial reactor and safety design work. The second phase must continue the development work, pick a final prototype design through competition, apply to the Nuclear Regulatory Commission for construction and operation licenses, and build and start the prototype reactor and its hydrogen or electricity facilities. The Secretary must make sure the Project gets ideas and help from the nuclear industry, the chemical processing industry, and international efforts. The Secretary must seek international cooperation and funding, may hire experts or facilities from Generation IV members, the Russian Federation, or other partners, and may do demonstrations in partner countries. The Nuclear Energy Research Advisory Committee (NERAC) must review plans and progress, bring in extra experts or subpanels as needed, and within 180 days after August 8, 2005 review plans against the June 30, 2004 report and address any missing recommendations. When first‑phase work is nearly done, the Secretary must ask NERAC for a full review and recommendation about moving to phase two, and must send any NERAC report to the appropriate congressional committees within 60 days, with any added views.

Full Legal Text

Title 42, §16023

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Project shall consist of the following major program elements:
(1)High-temperature hydrogen production technology development and validation.
(2)Energy conversion technology development and validation.
(3)Nuclear fuel development, characterization, and qualification.
(4)Materials selection, development, testing, and qualification.
(5)Reactor and balance-of-plant design, engineering, safety analysis, and qualification.
(b)The Project shall be conducted in the following phases:
(1)A first project phase shall be conducted to—
(A)select and validate the appropriate technology under subsection (a)(1);
(B)carry out enabling research, development, and demonstration activities on technologies and components under paragraphs (2) through (4) of subsection (a);
(C)determine whether it is appropriate to combine electricity generation and hydrogen production in a single prototype nuclear reactor and plant; and
(D)carry out initial design activities for a prototype nuclear reactor and plant, including development of design methods and safety analytical methods and studies under subsection (a)(5).
(2)A second project phase shall be conducted to—
(A)continue appropriate activities under paragraphs (1) through (5) of subsection (a);
(B)develop, through a competitive process, a final design for the prototype nuclear reactor and plant;
(C)apply for licenses to construct and operate the prototype nuclear reactor from the Nuclear Regulatory Commission; and
(D)construct and start up operations of the prototype nuclear reactor and its associated hydrogen or electricity production facilities.
(c)(1)The Secretary shall ensure that the Project is structured so as to maximize the technical interchange and transfer of technologies and ideas into the Project from other sources of relevant expertise, including—
(A)the nuclear power industry, including nuclear powerplant construction firms, particularly with respect to issues associated with plant design, construction, and operational and safety issues;
(B)the chemical processing industry, particularly with respect to issues relating to—
(i)the use of process energy for production of hydrogen; and
(ii)the integration of technologies developed by the Project into chemical processing environments; and
(C)international efforts in areas related to the Project, particularly with respect to hydrogen production technologies.
(2)(A)The Secretary shall seek international cooperation, participation, and financial contributions for the Project.
(B)The Secretary, through the Idaho National Laboratory, may contract for assistance from specialists or facilities from member countries of the Generation IV International Forum, the Russian Federation, or other international partners if the specialists or facilities provide access to cost-effective and relevant skills or test capabilities.
(C)The Project may involve demonstration of selected project objectives in a partner country.
(D)The Secretary shall ensure that international activities of the Project are coordinated with the Generation IV International Forum.
(3)(A)The Nuclear Energy Research Advisory Committee of the Department (referred to in this paragraph as the “NERAC”) shall—
(i)review all program plans for the Project and all progress under the Project on an ongoing basis; and
(ii)ensure that important scientific, technical, safety, and program management issues receive attention in the Project and by the Secretary.
(B)The NERAC shall supplement the expertise of the NERAC or appoint subpanels to incorporate into the review by the NERAC the relevant sources of expertise described under paragraph (1).
(C)Not later than 180 days after August 8, 2005, the NERAC shall—
(i)review existing program plans for the Project in light of the recommendations of the document entitled “Design Features and Technology Uncertainties for the Next Generation Nuclear Plant,” dated June 30, 2004; and
(ii)address any recommendations of the document not incorporated in program plans for the Project.
(D)On a determination by the Secretary that the appropriate activities under the first project phase under subsection (b)(1) are nearly complete, the Secretary shall request the NERAC to conduct a comprehensive review of the Project and to report to the Secretary the recommendation of the NERAC concerning whether the Project is ready to proceed to the second project phase under subsection (b)(2).
(E)Not later than 60 days after receiving any report from the NERAC related to the Project, the Secretary shall submit to the appropriate committees of the Senate and the House of Representatives a copy of the report, along with any additional views of the Secretary that the Secretary may consider appropriate.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16023

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73