Sec. 3122. Authorization of Department of Defense and contractors to acquire and operate a utilization facility
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Congress finds the following: Project Pele holds great potential as the only mobile microreactor design currently being constructed. The Department of Defense maintains nuclear indemnification authority through the Act entitled An Act to authorize the making, amendment and modification of contracts to facilitate the national defense , approved August 28, 1958 ( 50 U.S.C. 1431 et seq. )(referred to in this section as Public Law 85–804 ). The Nuclear Power Program of the Army previously operated nuclear power reactors from 1957 until 1977 with one of the predecessor organizations of the Department of Energy, the Atomic Energy Commission.
Public Law 85–804 and the joint production of nuclear power reactors between the Army and the Department of Energy both provide potential pathways for the Department of Defense, and contractors on behalf of the Department of Defense, in ensuring such reactors are properly indemnified throughout their lifecycle. The authorization in section 91b.(3) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2121(b) ), as added by subsection (c), covers prerequisite design work for such activities as the authorization may support.
Not later than March 1, 2025, the Secretary of Defense, in consultation with the Secretary of Energy, shall provide to the congressional defense committees a report and briefing, which shall include the following: A history of how reactor programs, such as the Nuclear Power Program, legally operated and provided indemnification for the nuclear reactors produced. A description of the feasibility of the use of Public Law 85–804 by the Department of Defense in the indemnification of current and future nuclear power reactor programs.
A description of the feasibility of jointly producing nuclear power reactors using the Price-Anderson indemnification authority of the Department of Energy. An identification of a specific pathway to program of record for Project Pele, including recommendations on current authorities that could be used to ensure Project Pele remains on schedule for delivery and testing to the Idaho National Laboratory in 2025. Recommendations on additional authorities necessary to provide for the operation and indemnification of future Department of Defense nuclear power programs; and Other matters as the Secretary of Defense, in consultation with the Secretary of Energy, determines necessary.
The report and briefing required by paragraph
(1)shall be in unclassified form, but may be accompanied by an additional classified report. Section 91b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2121(b) ) is amended by striking or utilization facility for military purposes and inserting or
(3)to authorize the Department of Defense to manufacture, produce, or acquire, and to operate, or to authorize the Department of Defense to authorize a contractor of the Department of Defense to manufacture, produce, or acquire, and to operate, a utilization facility for military purposes, including for the production of electric or thermal power for military installations or operations .
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- Pub. L. 85-804
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Sec. 3122
Authorization of Department of Defense and contractors to acquire and operate a utilization facility
Pub. L.Pub. L. 85-804
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