Calendar No. 598 TH D CONGRESS SESSION S. 4897...3 •S 4897 RS 1 SEC. 2. DEFINITIONS. 2 In this Act: 3 (1) ACCIDENT TOLERANT FUEL.—The term 4 ‘‘accident tolerant fuel’’

II

Calendar No. 598 116TH CONGRESS

2D SESSION S. 4897 To reestablish United States global leadership in nuclear energy, revitalize

domestic nuclear energy supply chain infrastructure, support the licensing

of advanced nuclear technologies, and improve the regulation of nuclear

energy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 16, 2020

Mr. BARRASSO (for himself, Mr. WHITEHOUSE, Mr. CRAPO, Mr. BOOKER, and

Mrs. CAPITO) introduced the following bill; which was read twice and re-

ferred to the Committee on Environment and Public Works

DECEMBER 2, 2020

Reported by Mr. BARRASSO, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL To reestablish United States global leadership in nuclear

energy, revitalize domestic nuclear energy supply chain

infrastructure, support the licensing of advanced nuclear

technologies, and improve the regulation of nuclear en-

ergy, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

VerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.RS S4897rfre

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1

(a) SHORT TITLE.—This Act may be cited as the 2

‘‘American Nuclear Infrastructure Act of 2020’’. 3

(b) TABLE OF CONTENTS.—The table of contents for 4

this Act is as follows: 5

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—REESTABLISHING AMERICAN INTERNATIONAL

COMPETITIVENESS AND GLOBAL LEADERSHIP

Sec. 101. International nuclear reactor export and innovation activities.

Sec. 102. Denial of certain domestic licenses for national security purposes.

TITLE II—EXPANDING NUCLEAR ENERGY THROUGH ADVANCED

NUCLEAR TECHNOLOGIES

Sec. 201. Advanced nuclear reactor project environmental reviews.

Sec. 202. Advanced nuclear reactor prizes.

Sec. 203. New nuclear energy project application reviews.

Sec. 204. Report on unique licensing considerations relating to the use of nu-

clear energy for nonelectric applications.

Sec. 205. Enabling preparations for the demonstration of advanced nuclear re-

actors on Department sites.

Sec. 206. Regulatory requirements for micro-reactors.

TITLE III—PRESERVING EXISTING NUCLEAR ENERGY

GENERATION

Sec. 301. Nuclear reactor incentives.

Sec. 302. Report on lessons learned during the COVID–19 public health emer-

gency.

Sec. 303. Investment by allies.

TITLE IV—REVITALIZING AMERICA’S NUCLEAR SUPPLY CHAIN

INFRASTRUCTURE

Sec. 401. Advanced nuclear fuel approval.

Sec. 402. National strategic uranium reserve.

Sec. 403. Report on advanced methods of manufacturing and construction for

nuclear energy applications.

TITLE V—MISCELLANEOUS

Sec. 501. Nuclear energy workforce development.

Sec. 502. Annual report on the spent nuclear fuel and high-level radioactive

waste inventory in the United States.

Sec. 503. Authorization of appropriations for superfund actions at abandoned

mining sites on Tribal land.

Sec. 504. Technical correction.


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SEC. 2. DEFINITIONS. 1

In this Act: 2

(1) ACCIDENT TOLERANT FUEL.—The term 3

‘‘accident tolerant fuel’’ has the meaning given the 4

term in section 107(a) of the Nuclear Energy Inno-5

vation and Modernization Act (Public Law 115–439; 6

132 Stat. 5577). 7

(2) ADMINISTRATOR.—The term ‘‘Adminis-8

trator’’ means the Administrator of the Environ-9

mental Protection Agency. 10

(3) ADVANCED NUCLEAR FUEL.—The term 11

‘‘advanced nuclear fuel’’ means— 12

(A) advanced nuclear reactor fuel (as de-13

fined in section 3 of the Nuclear Energy Inno-14

vation and Modernization Act (42 U.S.C. 2215 15

note; Public Law 115–439)); and 16

(B) accident tolerant fuel. 17

(4) ADVANCED NUCLEAR REACTOR.—The term 18

‘‘advanced nuclear reactor’’ has the meaning given 19

the term in section 3 of the Nuclear Energy Innova-20

tion and Modernization Act (42 U.S.C. 2215 note; 21

Public Law 115–439). 22

(5) APPROPRIATE COMMITTEES OF CON-23

GRESS.—The term ‘‘appropriate committees of Con-24

gress’’ means— 25


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(A) the Committee on Environment and 1

Public Works of the Senate; and 2

(B) the Committee on Energy and Com-3

merce of the House of Representatives. 4

(6) CHAIRMAN.—The term ‘‘Chairman’’ means 5

the Chairman of the Nuclear Regulatory Commis-6

sion. 7

(7) COMMISSION.—The term ‘‘Commission’’ 8

means the Nuclear Regulatory Commission. 9

(8) DEPARTMENT.—The term ‘‘Department’’ 10

means the Department of Energy. 11

(9) EARLY SITE PERMIT.—The term ‘‘early site 12

permit’’ has the meaning given the term in section 13

52.1 of title 10, Code of Federal Regulations (or a 14

successor regulation). 15

(10) HIGH-ASSAY, LOW-ENRICHED URANIUM.— 16

The term ‘‘high-assay, low-enriched uranium’’ means 17

uranium with an assay greater than 5 weight per-18

cent, but less than 20 weight percent, of the ura-19

nium-235 isotope. 20

(11) INSTITUTION OF HIGHER EDUCATION.— 21

The term ‘‘institution of higher education’’ has the 22

meaning given the term in section 101(a) of the 23

Higher Education Act of 1965 (20 U.S.C. 1001(a)). 24


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(12) MICRO-REACTOR.—The term ‘‘micro-reac-1

tor’’ means an advanced nuclear reactor that has a 2

power production capacity that is not greater than 3

20 megawatts. 4

(13) NATIONAL LABORATORY.—The term ‘‘Na-5

tional Laboratory’’ has the meaning given the term 6

in section 2 of the Energy Policy Act of 2005 (42 7

U.S.C. 15801). 8

(14) REMOVAL; REMEDIAL ACTION.—The terms 9

‘‘removal’’ and ‘‘remedial action’’ have the meanings 10

given those terms in section 101 of the Comprehen-11

sive Environmental Response, Compensation, and 12

Liability Act of 1980 (42 U.S.C. 9601). 13

(15) SECRETARY.—The term ‘‘Secretary’’ 14

means the Secretary of Energy. 15

(16) TRIBAL LAND.—The term ‘‘Tribal land’’ 16

has the meaning given the term ‘‘Indian country’’ in 17

section 1151 of title 18, United States Code. 18

TITLE I—REESTABLISHING 19

AMERICAN INTERNATIONAL 20

COMPETITIVENESS AND 21

GLOBAL LEADERSHIP 22

SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 23

AND INNOVATION ACTIVITIES. 24

(a) COORDINATION.— 25


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(1) IN GENERAL.—The Commission shall— 1

(A) coordinate all work of the Commission 2

relating to— 3

(i) nuclear reactor import and export 4

licensing; and 5

(ii) international regulatory coopera-6

tion and assistance relating to nuclear re-7

actors, including with countries that are 8

members of the Organisation for Economic 9

Co-operation and Development; and 10

(B) support interagency and international 11

coordination with respect to— 12

(i) the consideration of international 13

technical standards to establish the licens-14

ing and regulatory basis to assist the de-15

sign, construction, and operation of nu-16

clear systems; 17

(ii) efforts to help build competent nu-18

clear regulatory organizations and legal 19

frameworks in countries seeking to develop 20

nuclear power; and 21

(iii) exchange programs and training 22

provided to other countries relating to nu-23

clear regulation and oversight to improve 24


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nuclear technology licensing, in accordance 1

with paragraph (2). 2

(2) EXCHANGE PROGRAMS AND TRAINING.— 3

With respect to the exchange programs and training 4

described in paragraph (1)(B)(iii), the Commission 5

shall coordinate, as applicable, with— 6

(A) the Secretary; 7

(B) National Laboratories; 8

(C) the private sector; and 9

(D) institutions of higher education. 10

(b) AUTHORITY TO ESTABLISH BRANCH.—The Com-11

mission may establish within the Office of International 12

Programs a branch, to be known as the ‘‘International 13

Nuclear Reactor Export and Innovation Branch’’, to carry 14

out such international nuclear reactor export and innova-15

tion activities as the Commission determines to be appro-16

priate and within the mission of the Commission. 17

(c) EXCLUSION OF INTERNATIONAL ACTIVITIES 18

FROM THE FEE BASE.— 19

(1) IN GENERAL.—Section 102 of the Nuclear 20

Energy Innovation and Modernization Act (42 21

U.S.C. 2215) is amended— 22

(A) in subsection (a), by adding at the end 23

the following: 24


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‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX-1

PORT AND INNOVATION ACTIVITIES.—The Commis-2

sion shall identify in the annual budget justification 3

international nuclear reactor export and innovation 4

activities described in section 101(a) of the Amer-5

ican Nuclear Infrastructure Act of 2020.’’; and 6

(B) in subsection (b)(1)(B), by adding at 7

the end the following: 8

‘‘(iv) Costs for international nuclear 9

reactor export and innovation activities de-10

scribed in section 101(a) of the American 11

Nuclear Infrastructure Act of 2020.’’. 12

(2) EFFECTIVE DATE.—The amendments made 13

by paragraph (1) shall take effect on October 1, 14

2021. 15

(d) SAVINGS CLAUSE.—Nothing in this section alters 16

the authority of the Commission to license and regulate 17

the civilian use of radioactive materials. 18

SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 19

NATIONAL SECURITY PURPOSES. 20

(a) DEFINITION OF COVERED FUEL.—In this sec-21

tion, the term ‘‘covered fuel’’ means enriched uranium 22

that is fabricated into fuel assemblies for nuclear reactors 23

by an entity that— 24


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(1) is owned or controlled by the Government of 1

the Russian Federation or the Government of the 2

People’s Republic of China; or 3

(2) is organized under the laws of, or otherwise 4

subject to the jurisdiction of, the Russian Federation 5

or the People’s Republic of China. 6

(b) PROHIBITION ON UNLICENSED POSSESSION OR 7

OWNERSHIP OF COVERED FUEL.—Unless specifically au-8

thorized by the Commission in a license issued under sec-9

tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 10

2073) and part 70 of title 10, Code of Federal Regulations 11

(or successor regulations), no person subject to the juris-12

diction of the Commission may possess or own covered 13

fuel. 14

(c) LICENSE TO POSSESS OR OWN COVERED 15

FUEL.— 16

(1) CONSULTATION REQUIRED PRIOR TO 17

ISSUANCE.—The Commission shall not issue a li-18

cense to possess or own covered fuel under section 19

53 of the Atomic Energy Act of 1954 (42 U.S.C. 20

2073) and part 70 of title 10, Code of Federal Reg-21

ulations (or successor regulations), unless the Com-22

mission has first consulted with the Secretary and 23

the Secretary of State before issuing the license. 24

(2) PROHIBITION ON ISSUANCE OF LICENSE.— 25


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(A) IN GENERAL.—Subject to subpara-1

graph (C), a license to possess or own covered 2

fuel shall not be issued if the Secretary and the 3

Secretary of State make the determination de-4

scribed in subparagraph (B). 5

(B) DETERMINATION.— 6

(i) IN GENERAL.—The determination 7

referred to in subparagraph (A) is a deter-8

mination that possession or ownership, as 9

applicable, of covered fuel poses a threat to 10

the national security of the United States 11

that adversely impacts the physical and 12

economic security of the United States. 13

(ii) JOINT DETERMINATION.—A deter-14

mination described in clause (i) shall be 15

jointly made by the Secretary and the Sec-16

retary of State. 17

(iii) TIMELINE.— 18

(I) NOTICE OF APPLICATION.— 19

Not later than 30 days after the date 20

on which the Commission receives an 21

application for a license to possess or 22

own covered fuel, the Commission 23

shall notify the Secretary and the Sec-24

retary of State of the application. 25


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(II) DETERMINATION.—The Sec-1

retary and the Secretary of State shall 2

have a period of 120 days, beginning 3

on the date on which the Commission 4

notifies the Secretary and the Sec-5

retary of State under subclause (I) of 6

an application for a license to possess 7

or own covered fuel, in which to make 8

the determination described in clause 9

(i). 10

(III) COMMISSION NOTIFICA-11

TION.—On making the determination 12

described in clause (i), the Secretary 13

and the Secretary of State shall im-14

mediately notify the Commission. 15

(IV) CONGRESSIONAL NOTIFICA-16

TION.—Not later than 30 days after 17

the date on which the Secretary and 18

the Secretary of State notify the Com-19

mission under subclause (III), the 20

Commission shall notify the appro-21

priate committees of Congress of the 22

determination. 23

(V) PUBLIC NOTICE.—Not later 24

than 15 days after the date on which 25


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the Commission notifies Congress 1

under subclause (IV) of a determina-2

tion made under clause (i), the Com-3

mission shall make that determination 4

publicly available. 5

(C) EFFECT OF NO DETERMINATION.— 6

The prohibition described in subparagraph (A) 7

shall not apply if the Secretary and the Sec-8

retary of State do not make the determination 9

described in subparagraph (B) by the date de-10

scribed in clause (iii)(II) of that subparagraph. 11


any treaty or international agreement in effect on the date 13

of enactment of this Act. 14

TITLE II—EXPANDING NUCLEAR 15

ENERGY THROUGH AD-16

VANCED NUCLEAR TECH-17

NOLOGIES 18

SEC. 201. ADVANCED NUCLEAR REACTOR PROJECT ENVI-19

RONMENTAL REVIEWS. 20

(a) DEFINITION OF ENVIRONMENTAL REVIEW PROC-21

ESS.—In this section, the term ‘‘environmental review 22

process’’ means the environmental review activities carried 23

out by the Commission pursuant to part 51 of title 10, 24

Code of Federal Regulations (or successor regulations). 25


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(b) REPORT.—Not later than 1 year after the date 1

on which the Commission issues the third operating or 2

combined license for an advanced nuclear reactor, the 3

Commission shall submit to the appropriate committees 4

of Congress a report that— 5

(1) describes— 6

(A) any differences between the environ-7

mental review process for nuclear reactors li-8

censed and in operation as of the date of enact-9

ment of this Act and the environmental review 10

process for advanced nuclear reactors; 11

(B) ways in which the environmental re-12

view process for advanced nuclear reactors 13

could be improved by reducing or eliminating 14

duplicative requirements or requirements that 15

are not applicable to advanced nuclear reactor 16

designs; and 17

(C) ways in which environmental regula-18

tions other than those promulgated under the 19

National Environmental Policy Act of 1969 (42 20

U.S.C. 4321 et seq.) could be integrated into 21

the environmental review process for advanced 22

nuclear reactors to reduce the environmental 23

impacts of advanced nuclear reactors; and 24


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(2) includes an assessment by the Commission 1

of whether it would be beneficial— 2

(A) to revise the applicable environmental 3

review process for advanced nuclear reactors; or 4

(B) to promulgate new regulations to es-5

tablish a technology inclusive, risk-informed en-6

vironmental review process for advanced nuclear 7

reactors. 8

SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES. 9

Section 103 of the Nuclear Energy Innovation and 10

Modernization Act (Public Law 115–439; 132 Stat. 5571) 11

is amended by adding at the end the following: 12

‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI-13

CENSING.— 14

‘‘(1) PRIZE FOR ADVANCED NUCLEAR REACTOR 15

LICENSING.— 16

‘‘(A) IN GENERAL.—Subject to the avail-17

ability of appropriations, the Secretary is au-18

thorized to make, with respect to each award 19

category described in subparagraph (C), an 20

award in an amount described in subparagraph 21

(B) to the first non-Federal entity to which the 22

Commission issues— 23

‘‘(i) an operating license for an ad-24

vanced nuclear reactor under part 50 of 25


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title 10, Code of Federal Regulations (or 1

successor regulations), for which an appli-2

cation has not been approved by the Com-3

mission as of the date of enactment of this 4

subsection; or 5

‘‘(ii) a finding required under section 6

52.103(g) of title 10, Code of Federal Reg-7

ulations (or successor regulations), for a 8

combined license for an advanced nuclear 9

reactor— 10

‘‘(I) that is issued under subpart 11

C of part 52 that title (or successor 12

regulations); and 13

‘‘(II) for which an application 14

has not been approved by the Com-15

mission as of the date of enactment of 16

this subsection. 17

‘‘(B) AMOUNT OF AWARD.—An award 18

under subparagraph (A) shall be in an amount 19

equal to the total amount assessed by the Com-20

mission and collected under section 102(b)(2) 21

from the entity receiving the award for costs re-22

lating to the issuance of the license described in 23

that subparagraph, including, as applicable, 24

costs relating to the issuance of an associated 25


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construction permit described in section 50.23 1

of title 10, Code of Federal Regulations (or suc-2

cessor regulations), or early site permit (as de-3

fined in section 52.1 of that title (or successor 4

regulations)). 5

‘‘(C) AWARD CATEGORIES.—An award 6

under subparagraph (A) may be made for— 7

‘‘(i) the first advanced nuclear reactor 8

for which the Commission issues— 9

‘‘(I) a license in accordance with 10

clause (i) of subparagraph (A); or 11

‘‘(II) a finding in accordance 12

with clause (ii) of that subparagraph; 13

‘‘(ii) an advanced nuclear reactor 14

that— 15

‘‘(I) uses isotopes derived from 16

spent nuclear fuel (as defined in sec-17

tion 2 of the Nuclear Waste Policy 18

Act of 1982 (42 U.S.C. 10101)) or 19

depleted uranium as fuel for the ad-20

vanced nuclear reactor; and 21

‘‘(II) is the first advanced nu-22

clear reactor described in subclause 23

(I) for which the Commission issues— 24


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‘‘(aa) a license in accordance 1

with clause (i) of subparagraph 2

(A); or 3

‘‘(bb) a finding in accord-4

ance with clause (ii) of that sub-5

paragraph; and 6

‘‘(iii) an advanced nuclear reactor 7

that— 8

‘‘(I) operates flexibly to generate 9

electricity or high temperature process 10

heat for nonelectric applications; and 11

‘‘(II) is the first advanced nu-12

clear reactor described in subclause 13

(I) for which the Commission issues— 14



(A); or 17



paragraph. 20

‘‘(2) FEDERAL FUNDING LIMITATION.—An 21

award under this subsection shall not exceed the 22

total amount expended (excluding any expenditures 23

made with Federal funds received for the applicable 24

project and an amount equal to the minimum cost- 25


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share required under section 988 of the Energy Pol-1

icy Act of 2005 (42 U.S.C. 16352)) by the entity re-2

ceiving the award for licensing costs relating to the 3

project for which the award is made.’’. 4

SEC. 203. NEW NUCLEAR ENERGY PROJECT APPLICATION 5

REVIEWS. 6

(a) PRODUCTION, UTILIZATION, OR FUEL FACILITY 7

LOCATED AT AN EXISTING SITE.—In reviewing an appli-8

cation for an early site permit, construction permit, oper-9

ating license, or combined construction permit and oper-10

ating license for a production, utilization, or fuel facility 11

located at the site of a licensed production, utilization, or 12

fuel facility, the Commission, to the maximum extent prac-13

ticable, shall use information that was part of the licensing 14

basis of the licensed production, utilization, or fuel facility. 15

(b) RELATIONSHIP TO OTHER LAW.—Nothing in this 16

section exempts the Commission from any requirement to 17

be fully compliant with section 102(2)(C) of the National 18

Environmental Policy Act of 1969 (42 U.S.C. 19

4332(2)(C)). 20

(c) USE OF NEW INFORMATION AND ANALYSES.— 21

Nothing in this section precludes the Commission from 22

using new information or new scientific or technical anal-23

yses that are applicable to the review of an application 24

described in subsection (a). 25


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SEC. 204. REPORT ON UNIQUE LICENSING CONSIDER-1

ATIONS RELATING TO THE USE OF NUCLEAR 2

ENERGY FOR NONELECTRIC APPLICATIONS. 3

(a) IN GENERAL.—Not later than 1 year after the 4

date of enactment of this Act, the Commission shall sub-5

mit to the appropriate committees of Congress a report 6

(referred to in this section as the ‘‘report’’) addressing any 7

unique licensing issues or requirements relating to— 8

(1) the flexible operation of nuclear reactors, 9

such as ramping power output and switching be-10

tween electricity generation and nonelectric applica-11

tions; 12

(2) the use of advanced nuclear reactors exclu-13

sively for nonelectric applications; and 14

(3) the colocation of nuclear reactors with in-15

dustrial plants or other facilities. 16

(b) STAKEHOLDER INPUT.—In developing the report, 17

the Commission shall seek input from— 18

(1) the Secretary; 19

(2) the nuclear energy industry; 20

(3) technology developers; 21

(4) the industrial, chemical, and medical sec-22

tors; 23

(5) nongovernmental organizations; and 24

(6) other public stakeholders. 25

(c) CONTENTS.— 26


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(1) IN GENERAL.—The report shall describe— 1

(A) any unique licensing issues or require-2

ments relating to the matters described in para-3

graphs (1) through (3) of subsection (a), in-4

cluding, with respect to the nonelectric applica-5

tions referred to in paragraphs (1) and (2) of 6

that subsection, any licensing issues or require-7

ments relating to the use of nuclear energy in— 8

(i) hydrogen or other liquid and gas-9

eous fuel or chemical production; 10

(ii) water desalination and wastewater 11

treatment; 12

(iii) heat for industrial processes; 13

(iv) district heating; 14

(v) energy storage; 15

(vi) industrial or medical isotope pro-16

duction; and 17

(vii) other applications, as identified 18

by the Commission; 19

(B) options for addressing those issues or 20

requirements— 21

(i) within the existing regulatory 22

framework; 23

(ii) as part of the technology-inclusive 24

regulatory framework required under sub-25


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section (a)(4) of section 103 of the Nuclear 1

Energy Innovation and Modernization Act 2

(42 U.S.C. 2133 note; Public Law 115– 3

439) or described in the report required 4

under subsection (e) of that section (Public 5

Law 115–439; 132 Stat. 5575); or 6

(iii) through a new rulemaking; and 7

(C) the extent to which Commission action 8

is needed to implement any matter described in 9

the report. 10

(2) COST ESTIMATES, BUDGETS, AND TIME-11

FRAMES.—The report shall include cost estimates, 12

proposed budgets, and proposed timeframes for im-13

plementing risk-informed and performance-based 14

regulatory guidance in the licensing of nuclear reac-15

tors for nonelectric applications. 16

SEC. 205. ENABLING PREPARATIONS FOR THE DEMONSTRA-17

TION OF ADVANCED NUCLEAR REACTORS ON 18

DEPARTMENT SITES. 19

(a) IN GENERAL.—Section 102(b)(1)(B) of the Nu-20

clear Energy Innovation and Modernization Act (42 21

U.S.C. 2215(b)(1)(B)) (as amended by section 101(c)) is 22

amended by adding at the end the following: 23

‘‘(v) Costs for— 24


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‘‘(I) activities to review and ap-1

prove or disapprove an application for 2

an early site permit (as defined in sec-3

tion 52.1 of title 10, Code of Federal 4

Regulations (or a successor regula-5

tion)) to demonstrate an advanced nu-6

clear reactor on a Department of En-7

ergy site; and 8

‘‘(II) pre-application activities re-9

lating to an early site permit (as so 10

defined) to demonstrate an advanced 11

nuclear reactor on a Department of 12

Energy site.’’. 13

(b) EFFECTIVE DATE.—The amendment made by 14

subsection (a) shall take effect on October 1, 2021. 15

SEC. 206. REGULATORY REQUIREMENTS FOR MICRO-REAC-16

TORS. 17

(a) IN GENERAL.—The Commission shall develop 18

risk-informed and performance-based strategies and guid-19

ance to support a timely and efficient licensing and regu-20

latory process for micro-reactors that takes into consider-21

ation— 22

(1) the unique characteristics of micro-reactors; 23

and 24


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(2) the development timeframes of micro-reac-1

tors. 2

(b) IMPLEMENTATION.—The Commission shall im-3

plement the strategies and guidance developed under sub-4

section (a)— 5

(1) not later than the date on which the tech-6

nology-inclusive regulatory framework required 7

under section 103(a)(4) of the Nuclear Energy Inno-8

vation and Modernization Act (42 U.S.C. 2133 note; 9

Public Law 115–439) is established; and 10

(2) in a manner that is consistent with that 11

technology-inclusive regulatory framework. 12

TITLE III—PRESERVING EXIST-13

ING NUCLEAR ENERGY GEN-14

ERATION 15

SEC. 301. NUCLEAR REACTOR INCENTIVES. 16

(a) FINDINGS.—Congress finds that— 17

(1) as of December 31, 2019, 96 nuclear reac-18

tors provided approximately 20 percent of the elec-19

tricity used in the United States and more than 55 20

percent of the carbon-free, clean energy used in the 21

United States; 22

(2) from 2013 through September 2020, 11 nu-23

clear reactors ceased operation prior to the end of 24

the operating licenses of those reactors; 25


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(3) as of September 2020, an additional 8 nu-1

clear reactors are scheduled to cease operations by 2

2025; 3

(4) 25 percent, or more, of the nuclear reactors 4

in the current nuclear fleet, primarily in the com-5

petitive electricity market, are projected to cease op-6

erations prior to the end of the operating licenses of 7

those reactors; 8

(5) emissions of carbon dioxide, nitrogen oxides, 9

sulfur oxides, particulate matter, and hazardous air 10

pollutants typically increase when a nuclear reactor 11

ceases operations; and 12

(6) a program to incentivize nuclear energy 13

generation to avoid emissions of carbon dioxide, ni-14

trogen oxides, sulfur oxides, particulate matter, and 15

hazardous air pollutants offers substantial environ-16

mental benefits to the United States. 17

(b) DEFINITIONS.—In this section: 18

(1) CERTIFIED NUCLEAR REACTOR.—The term 19

‘‘certified nuclear reactor’’ means a nuclear reactor 20

that— 21

(A) operates in a competitive electricity 22

market; and 23


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(B) is certified under subsection 1

(d)(2)(A)(i) to submit a sealed bid in accord-2

ance with subsection (e). 3

(2) CREDIT.—The term ‘‘credit’’ means a credit 4

allocated to a certified nuclear reactor under sub-5

section (f)(2). 6

(c) ESTABLISHMENT OF PROGRAM.—The Adminis-7

trator, in consultation with the Secretary, shall establish 8

an emissions avoidance program— 9

(1) to evaluate nuclear reactors that are pro-10

jected to cease operations due to economic factors; 11

and 12

(2) to allocate credits to certified nuclear reac-13

tors that are selected under paragraph (1)(B) of 14

subsection (f) to receive credits under paragraph (2) 15

of that subsection. 16

(d) CERTIFICATION.— 17

(1) APPLICATION.— 18

(A) IN GENERAL.—In order to be certified 19

under paragraph (2)(A)(i), the owner or oper-20

ator of a nuclear reactor that is projected to 21

cease operations due to economic factors shall 22

submit to the Administrator an application at 23

such time, in such manner, and containing such 24


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information as the Administrator determines to 1

be appropriate, including— 2

(i) information on the operating costs 3

necessary to make the examination de-4

scribed in paragraph (2)(A)(ii)(II), includ-5

ing— 6

(I) the average annual operating 7

loss per megawatt-hour expected to be 8

incurred by the nuclear reactor over 9

the 2-year period for which credits 10

would be allocated; 11

(II) any private or publicly avail-12

able data with respect to current or 13

projected bulk power market prices; 14

(III) out-of-market revenue 15

streams; 16

(IV) operations and maintenance 17

costs; 18

(V) capital costs, including fuel; 19

and 20

(VI) operational and market 21

risks; 22

(ii) an estimate of the potential incre-23

mental emissions of carbon dioxide, nitro-24

gen oxides, sulfur oxides, particulate mat-25


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ter, and hazardous air pollutants that 1

would result if the nuclear reactor were to 2

cease operations; 3

(iii) information on the source of re-4

covered uranium and the location where 5

the uranium is converted, enriched, and 6

fabricated into fuel assemblies for the nu-7

clear reactor for the 2-year period for 8

which credits would be allocated; and 9

(iv) a detailed plan to sustain oper-10

ations at the conclusion of the applicable 11

2-year period for which credits would be 12

allocated— 13

(I) without receiving additional 14

credits; or 15

(II) with the receipt of additional 16

credits of a lower amount than the 17

credits allocated during that 2-year 18

credit period. 19

(B) TIMELINE.—The Administrator shall 20

accept applications described in subparagraph 21

(A)— 22

(i) until the date that is 120 days 23

after the date of enactment of this Act; 24

and 25


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(ii) not less frequently than every 2 1

years thereafter. 2

(2) DETERMINATION TO CERTIFY.— 3

(A) DETERMINATION.— 4

(i) IN GENERAL.—Not later than 60 5

days after the applicable date under sub-6

paragraph (B) of paragraph (1), the Ad-7

ministrator, in consultation with the Sec-8

retary, shall determine whether to certify, 9

in accordance with clauses (ii) and (iii), 10

each nuclear reactor for which an applica-11

tion is submitted under subparagraph (A) 12

of that paragraph. 13

(ii) MINIMUM REQUIREMENTS.—To 14

the maximum extent practicable, the Ad-15


retary, shall only certify a nuclear reactor 17

under clause (i) if— 18

(I) the nuclear reactor has a 19

good safety record, as determined by 20

the Action Matrix of the Commission 21

or the Performance Indicators of the 22

Reactor Oversight Process, such that 23

the nuclear reactor falls under the ‘‘li-24


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censee response’’ column indicating no 1

current significant safety issues; 2

(II) after considering the infor-3

mation submitted under paragraph 4

(1)(A)(i), the Administrator deter-5

mines that the nuclear reactor is pro-6

jected to cease operations due to eco-7

nomic factors; and 8

(III) after considering the esti-9

mate submitted under paragraph 10

(1)(A)(ii), the Administrator deter-11

mines that emissions of carbon diox-12

ide, nitrogen oxides, sulfur oxides, 13

particulate matter, and hazardous air 14

pollutants would increase if the nu-15

clear reactor were to cease operations 16

and be replaced with other types of 17

power generation. 18

(iii) PRIORITY.—In determining 19

whether to certify a nuclear reactor under 20

clause (i), the Administrator, in consulta-21

tion with the Secretary, shall give priority 22

to a nuclear reactor that uses uranium 23

that is recovered, converted, enriched, and 24


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fabricated into fuel assemblies in the 1

United States. 2

(B) NOTICE.—For each application re-3

ceived under paragraph (1)(A), the Adminis-4

trator, in consultation with the Secretary, shall 5

provide to the applicable owner or operator, as 6

applicable— 7

(i) a notice of the certification of the 8

applicable nuclear reactor; or 9

(ii) a notice that describes the reasons 10

why the certification of the applicable nu-11

clear reactor was denied. 12

(e) BIDDING PROCESS.— 13

(1) IN GENERAL.—Subject to paragraph (2), 14

the Administrator shall establish a deadline by which 15

each certified nuclear reactor shall submit to the Ad-16

ministrator a sealed bid that— 17

(A) describes the price per megawatt-hour 18

required to maintain operations of the certified 19

nuclear reactor during the 2-year period for 20

which the certified nuclear reactor would receive 21

credits; and 22

(B) includes a commitment, subject to the 23

receipt of credits, to provide a specific number 24


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of megawatt-hours of generation during the 2- 1

year period for which credits would be allocated. 2

(2) REQUIREMENT.—The deadline established 3

under paragraph (1) shall be not later than 30 days 4

after the first date on which the Administrator has 5

made the determination described in paragraph 6

(2)(A)(i) of subsection (d) with respect to each ap-7

plication submitted under paragraph (1)(A) of that 8

subsection. 9

(f) ALLOCATION.— 10

(1) AUCTION.—The Administrator, in consulta-11

tion with the Secretary, shall— 12

(A) in consultation with the heads of appli-13

cable Federal agencies, establish a process for 14

evaluating bids submitted under subsection 15

(e)(1) through an auction process; and 16

(B) select certified nuclear reactors to be 17

allocated credits. 18

(2) CREDITS.—Subject to subsection (g)(2), on 19

selection under paragraph (1), a certified nuclear re-20

actor shall be allocated credits for a 2-year period 21

beginning on the date of the selection. 22

(3) REQUIREMENT.—To the maximum extent 23

practicable, the Administrator shall use the amounts 24

made available for credits under this section to allo-25


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cate credits to as many certified nuclear reactors as 1

possible. 2

(g) RENEWAL.— 3

(1) IN GENERAL.—The owner or operator of a 4

certified nuclear reactor may seek to recertify the 5

nuclear reactor in accordance with this section. 6

(2) LIMITATION.—Notwithstanding any other 7

provision of this section, the Administrator may not 8

allocate any credits after September 30, 2030. 9

(h) ADDITIONAL REQUIREMENTS.— 10

(1) AUDIT.—During the 2-year period begin-11

ning on the date on which a certified nuclear reactor 12

first receives a credit, the Administrator, in con-13

sultation with the Secretary, shall periodically audit 14

the certified nuclear reactor. 15

(2) RECAPTURE.—The Administrator shall, by 16

regulation, provide for the recapture of the alloca-17

tion of any credit to a certified nuclear reactor that, 18

during the period described in paragraph (1)— 19

(A) terminates operations; or 20

(B) does not operate at an annual loss in 21

the absence of an allocation of credits to the 22

certified nuclear reactor. 23

(3) CONFIDENTIALITY.—The Administrator, in 24

consultation with the Secretary, shall establish pro-25


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cedures to ensure that any confidential, private, pro-1

prietary, or privileged information that is included in 2

a sealed bid submitted under this section is not pub-3

licly disclosed or otherwise improperly used. 4

(i) REPORT.—Not later than January 1, 2024, the 5

Comptroller General of the United States shall submit to 6

Congress a report with respect to the credits allocated to 7

certified nuclear reactors, which shall include— 8

(1) an evaluation of the effectiveness of the 9

credits in avoiding emissions of carbon dioxide, ni-10

trogen oxides, sulfur oxides, particulate matter, and 11

hazardous air pollutants while ensuring grid reli-12

ability; 13

(2) a quantification of the ratepayer savings 14

achieved under this section; and 15

(3) any recommendations to renew or expand 16

the credits. 17

(j) AUTHORIZATION OF APPROPRIATIONS.—There 18

are authorized to be appropriated such sums as are nec-19

essary to carry out this section for each of fiscal years 20

2021 through 2030. 21

SEC. 302. REPORT ON LESSONS LEARNED DURING THE 22

COVID–19 PUBLIC HEALTH EMERGENCY. 23

(a) IN GENERAL.—Not later than 180 days after the 24



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mit to the appropriate committees of Congress and make 1

publicly available a report on actions taken by the Com-2

mission during the public health emergency declared by 3

the Secretary of Health and Human Services under sec-4

tion 319 of the Public Health Service Act (42 U.S.C. 5

247d) on January 31, 2020, with respect to COVID–19. 6

(b) CONTENTS.—The report under subsection (a) 7

shall include— 8

(1) an identification of the processes, proce-9

dures, and other regulatory policies that were re-10

vised or temporarily suspended during the public 11

health emergency described in subsection (a); 12

(2) a review of actions, if any, taken by the 13

Commission that examines how any revision or tem-14

porary suspension of a process, procedure, or other 15

regulatory policy identified under paragraph (1) may 16

or may not have compromised the ability of the 17

Commission to license and regulate the civilian use 18

of radioactive materials in the United States to pro-19

tect public health and safety, promote the common 20

defense and security, and protect the environment; 21

(3) a description of any process efficiencies or 22

challenges that resulted from the matters identified 23

under paragraph (1); 24


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(4) a discussion of lessons learned from the 1

matters described in paragraphs (1), (2), and (3); 2

(5) a list of actions that the Commission may 3

take to incorporate into the licensing activities and 4

regulations of the Commission— 5

(A) the lessons described in paragraph (4); 6

and 7

(B) the information provided under para-8

graphs (2) and (3); and 9

(6) a description of when the actions described 10

in paragraph (5) may be implemented. 11

SEC. 303. INVESTMENT BY ALLIES. 12

(a) IN GENERAL.—The prohibitions against issuing 13

certain licenses for utilization facilities to certain corpora-14

tions and other entities described in the second sentence 15

of section 103 d. of the Atomic Energy Act of 1954 (42 16

U.S.C. 2133(d)) and the second sentence of section 104 17

d. of that Act (42 U.S.C. 2134(d)) shall not apply to an 18

entity described in subsection (b) if the Commission deter-19

mines that issuance of the applicable license to that entity 20

is not inimical to— 21

(1) the common defense and security; or 22

(2) the health and safety of the public. 23


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(b) ENTITIES DESCRIBED.—An entity referred to in 1

subsection (a) is a corporation or other entity that is 2

owned, controlled, or dominated by— 3

(1) the government of— 4

(A) a country that is a member of the 5

North Atlantic Treaty Organization; 6

(B) Japan; or 7

(C) the Republic of Korea; 8

(2) a corporation that is incorporated in a 9

country described in any of subparagraphs (A) 10

through (C) of paragraph (1); or 11

(3) an alien who is a national of a country de-12

scribed in any of subparagraphs (A) through (C) of 13

paragraph (1). 14

(c) TECHNICAL AMENDMENT.—Section 103 d. of the 15

Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is 16

amended, in the second sentence, by striking ‘‘any any’’ 17

and inserting ‘‘any’’. 18

TITLE IV—REVITALIZING AMER-19

ICA’S NUCLEAR SUPPLY 20

CHAIN INFRASTRUCTURE 21

SEC. 401. ADVANCED NUCLEAR FUEL APPROVAL. 22

(a) AGENCY COORDINATION.— 23

(1) IN GENERAL.—Not later than 1 year after 24

the date of enactment of this Act, the Chairman and 25


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the Secretary shall enter into a memorandum of un-1

derstanding relating to advanced nuclear fuels. 2

(2) MEMORANDUM OF UNDERSTANDING CON-3

TENTS.—The memorandum of understanding en-4

tered into under paragraph (1) shall require the De-5

partment and the Commission to coordinate, as ap-6

propriate— 7

(A) to ensure that the Department has 8

sufficient technical expertise to support the 9

timely research, development, demonstration, 10

and commercial application by the civilian nu-11

clear industry of innovative advanced nuclear 12

fuels, including by facilitating the development 13

and sharing of criticality benchmark data to 14

support— 15

(i) the licensing of fuel enrichment, 16

deconversion, and fabrication facilities 17

for— 18

(I) advanced nuclear fuels con-19

taining high-assay, low-enriched ura-20

nium with an assay greater than 5 21

weight percent, but less than 10 22

weight percent, of the uranium-235 23

isotope; and 24


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(II) advanced nuclear fuels con-1


nium with an assay greater than or 3

equal to 10 weight percent, but less 4

than 20 weight percent, of the ura-5

nium-235 isotope; and 6

(ii) the certification of transportation 7

packages for— 8






isotope; and 14






nium-235 isotope; 20

(B) to ensure that the Commission has 21

sufficient technical expertise to support the 22

evaluation of advanced nuclear fuels; 23

(C) to identify methods to improve the use 24

of computers and software codes to calculate 25


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the behavior and performance of advanced nu-1

clear fuels based on mathematical models of the 2

physical behavior of advanced nuclear fuels; 3

(D) to ensure that the Department main-4

tains and develops the facilities necessary to en-5

able the timely research, development, dem-6

onstration, and commercial application by the 7

civilian nuclear industry of innovative advanced 8

nuclear fuels; and 9

(E) to ensure that the Commission has ac-10

cess to the facilities described in subparagraph 11

(D), as needed. 12

(b) REPORTING REQUIREMENTS.—Not later than 13

180 days after the date of enactment of this Act, the Com-14

mission shall submit to the appropriate committees of 15

Congress a report that— 16

(1) identifies criticality benchmark data to as-17

sist— 18

(A) the licensing of fuel enrichment, 19

deconversion, and fabrication facilities for— 20

(i) advanced nuclear fuels containing 21

high-assay, low-enriched uranium with an 22

assay greater than 5 weight percent, but 23

less than 10 weight percent, of the ura-24



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(ii) advanced nuclear fuels containing 1


assay greater than or equal to 10 weight 3

percent, but less than 20 weight percent, 4

of the uranium-235 isotope; and 5

(B) the certification of transportation 6

packages for— 7



assay greater than 5 weight percent, but 10

less than 10 weight percent, of the ura-11





percent, but less than 20 weight percent, 16

of the uranium-235 isotope; 17

(2) identifies and describes any updates to reg-18

ulations, certifications, and other regulatory policies 19

that the Commission determines are necessary for li-20

censing and oversight relating to high-assay, low-en-21

riched uranium, including— 22

(A) certifications relating to transportation 23

packages for— 24


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(i) high-assay, low-enriched uranium 1

with an assay greater than 5 weight per-2

cent, but less than 10 weight percent, of 3

the uranium-235 isotope; and 4

(ii) high-assay, low-enriched uranium 5

with an assay greater than or equal to 10 6

weight percent, but less than 20 weight 7

percent, of the uranium-235 isotope; and 8

(B) licensing of fuel enrichment, 9

deconversion, and fabrication facilities for high- 10

assay, low-enriched uranium, and associated 11

physical security plans for those facilities; 12

(3) identifies and describes any updates to reg-13

ulations, certifications, and other regulatory policies 14

that the Commission determines are necessary to ad-15

dress nuclear nonproliferation considerations that— 16

(A) are within the mission of the Commis-17

sion; and 18

(B) are associated with— 19




the uranium-235 isotope; or 23




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percent, of the uranium-235 isotope; 2

(4) identifies and describes— 3

(A) any data needs, regulatory require-4

ments, or policies identified under paragraph 5

(1), (2), or (3) that— 6

(i) differ based on whether they are 7

related to— 8

(I) high-assay, low-enriched ura-9




isotope; or 13

(II) high-assay, low-enriched ura-14




nium-235 isotope; or 18

(ii) are unique to— 19





isotope; or 24


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nium-235 isotope; 5

(B) the manner in which the data needs, 6

regulatory requirements, or policies identified 7

under subparagraph (A)(i) differ as described 8

in that subparagraph; and 9

(C) the extent to which the data needs, 10


under subparagraph (A)(ii) are unique to ei-12

ther— 13




the uranium-235 isotope; or 17




percent, of the uranium-235 isotope; and 21

(5) includes a timeline for completing the up-22

dates described in paragraphs (2) and (3) within the 23

existing regulatory framework. 24


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SEC. 402. NATIONAL STRATEGIC URANIUM RESERVE. 1

(a) DEFINITIONS.—In this section: 2

(1) PROGRAM.—The term ‘‘program’’ means 3

the program established under subsection (b)(1). 4

(2) URANIUM RESERVE.—The term ‘‘Uranium 5

Reserve’’ means the uranium reserve operated pur-6

suant to the program. 7

(b) ESTABLISHMENT.— 8

(1) IN GENERAL.—Not later than 60 days after 9

the date of enactment of this Act, the Secretary, 10

subject to the availability of appropriations, shall es-11

tablish a program to operate a uranium reserve in 12

accordance with this section. 13

(2) AUTHORITY.—In establishing the program 14

and operating the Uranium Reserve, the Secretary 15

shall use the authority granted to the Secretary by 16

sections 53, 63, and 161 g. of the Atomic Energy 17

Act of 1954 (42 U.S.C. 2073, 2093, 2201(g)). 18

(c) PURPOSES.—The purposes of the Uranium Re-19

serve are— 20

(1) to provide assurance of the availability of 21

uranium recovered in the United States in the event 22

of a market disruption; and 23

(2) to support strategic fuel cycle capabilities in 24

the United States. 25


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(d) EXCLUSION.—The Secretary shall exclude from 1

the Uranium Reserve uranium that is recovered in the 2

United States by an entity that— 3


the Russian Federation or the Government of the 5

People’s Republic of China; or 6




(e) ACQUISITION.— 10

(1) IN GENERAL.—The Secretary may acquire 11

for the Uranium Reserve only uranium recovered 12

from a facility described in paragraph (2), including, 13

subject to paragraph (3), uranium ore that has been 14

mined. 15

(2) FACILITIES DESCRIBED.—A facility referred 16

to in paragraph (1) is a facility that— 17

(A)(i) is licensed by the Commission as of 18

the date of enactment of this Act; 19

(ii) is not located on Tribal land; and 20

(iii) is not the subject of an enforcement 21

action that— 22

(I) was taken— 23

(aa) in response to a violation of 24

a regulation in part 40 of title 10, 25


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Code of Federal Regulations (or suc-1

cessor regulations); and 2

(bb) during the 1-year period 3

ending on the date on which the ura-4

nium is acquired for the Uranium Re-5

serve; and 6

(II) was characterized as ‘‘escalated 7

enforcement’’; or 8

(B)(i) as of the date of enactment of this 9

Act, is licensed by a State that has entered into 10

an agreement with the Commission under sec-11

tion 274 b. of the Atomic Energy Act of 1954 12

(42 U.S.C. 2021(b)); 13


(iii) is not the subject of an enforcement 15

action that— 16

(I) was taken— 17


an applicable State requirement that 19

is compatible with the regulations of 20

the Commission in part 40 of title 10, 21



(bb) during the 1-year period 24

ending on the date on which the ura-25


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nium is acquired for the Uranium Re-1

serve; and 2

(II) was subject to further administra-3

tive actions, further orders, or the equiva-4

lent of further administrative actions or or-5

ders. 6

(3) REQUIREMENT.— 7

(A) IN GENERAL.—Except as provided in 8

subparagraph (B), with respect to any uranium 9

ore acquired by a facility described in para-10

graph (2) that has been mined, the Secretary 11

may acquire for the Uranium Reserve only ura-12

nium extracted from a conventional mine that 13

is not located on— 14

(i) Tribal land; 15

(ii) Federal land temporarily with-16

drawn from location and entry pursuant to 17

the record of decision described in the no-18

tice of availability entitled ‘‘Notice of 19

Availability of Record of Decision for the 20

Northern Arizona Proposed Withdrawal’’ 21

(77 Fed. Reg. 2317 (January 17, 2012)); 22

or 23

(iii) Federal land that, as of October 24

1, 2020, is permanently withdrawn from 25


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location and entry under sections 2319 1

through 2344 of the Revised Statutes 2

(commonly known as the ‘‘Mining Law of 3

1872’’) (30 U.S.C. 22 et seq.). 4

(B) REMOVAL AND REMEDIAL ACTIONS.— 5

The Secretary may acquire for the Uranium 6

Reserve uranium recovered from material ob-7

tained as a result of removal or remedial ac-8

tions carried out on abandoned mine land lo-9

cated on Tribal land. 10

(f) REQUEST FOR INFORMATION.—Not later than 90 11

days after the date of enactment of this Act, the Secretary 12

shall publish a request for information to help the Sec-13

retary evaluate— 14

(1) options for the operation and management 15

of the Uranium Reserve; 16

(2) contractual mechanisms pursuant to which 17

the Secretary could acquire uranium; and 18

(3) the quantities, form, transportation, and 19

storage of uranium in the Uranium Reserve. 20

(g) BUDGET REQUEST.—For each fiscal year begin-21

ning after the date of enactment of this Act, the Secretary 22

shall include in the budget justification submitted to Con-23

gress pursuant to section 1105 of title 31, United States 24

Code— 25


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(1) a request for amounts for the acquisition, 1

transportation, and storage of uranium in the Ura-2

nium Reserve; or 3

(2) an explanation of why amounts are not re-4

quested for the acquisition, transportation, or stor-5

age of uranium in the Uranium Reserve. 6

SEC. 403. REPORT ON ADVANCED METHODS OF MANUFAC-7

TURING AND CONSTRUCTION FOR NUCLEAR 8

ENERGY APPLICATIONS. 9



mit to the appropriate committees of Congress a report 12

(referred to in this subsection as the ‘‘report’’) on manu-13

facturing and construction for nuclear energy applications. 14





(3) National Laboratories; 19

(4) institutions of higher education; 20

(5) nuclear and manufacturing technology de-21

velopers; 22

(6) the manufacturing and construction indus-23

tries; 24

(7) standards development organizations; 25


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(8) labor unions; 1



(c) CONTENTS.— 4

(1) IN GENERAL.—The report shall— 5

(A) examine any unique licensing issues or 6

requirements relating to the use of innovative— 7

(i) advanced manufacturing processes; 8

and 9

(ii) advanced construction techniques; 10

(B) examine— 11

(i) the requirements for nuclear-grade 12

components in manufacturing and con-13

struction for nuclear energy applications; 14

(ii) opportunities to use standard ma-15

terials, parts, or components in manufac-16

turing and construction for nuclear energy 17

applications; and 18

(iii) opportunities to use standard ma-19

terials that are in compliance with existing 20

codes to provide acceptable approaches to 21

support or encapsulate new materials that 22

do not yet have applicable codes; 23

(C) identify any safety aspects of innova-24

tive advanced manufacturing processes and ad-25


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vanced construction techniques that are not ad-1

dressed by existing codes and standards, so that 2

generic guidance may be updated or created, as 3

necessary; 4

(D) identify options for addressing the 5

issues, requirements, and opportunities exam-6

ined under subparagraphs (A) and (B)— 7


framework; or 9

(ii) through a new rulemaking; and 10

(E) describe the extent to which Commis-11

sion action is needed to implement any matter 12

described in the report. 13



proposed budgets, and proposed timeframes for im-16

plementing risk-informed and performance-based 17

regulatory guidance for manufacturing and construc-18

tion for nuclear energy applications. 19

TITLE V—MISCELLANEOUS 20

SEC. 501. NUCLEAR ENERGY WORKFORCE DEVELOPMENT. 21

Section 313 of division C of the Omnibus Appropria-22

tions Act, 2009 (42 U.S.C. 16274a) is amended— 23

(1) in subsection (b), in the matter preceding 24

paragraph (1), by striking ‘‘in each of fiscal years 25


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2009 to 2019’’ and inserting ‘‘for each of fiscal 1

years 2021 through 2030,’’; and 2

(2) by adding at the end the following: 3

‘‘(d) NUCLEAR ENERGY TRAINEESHIP SUBPRO-4

GRAM.— 5

‘‘(1) DEFINITIONS.—In this subsection: 6

‘‘(A) COMMISSION.—The term ‘Commis-7

sion’ means the Nuclear Regulatory Commis-8

sion. 9

‘‘(B) INSTITUTION OF HIGHER EDU-10

CATION.—The term ‘institution of higher edu-11

cation’ has the meaning given the term in sec-12

tion 101(a) of the Higher Education Act of 13

1965 (20 U.S.C. 1001(a)). 14

‘‘(C) NATIONAL LABORATORY.—The term 15

‘National Laboratory’ has the meaning given 16

the term in section 2 of the Energy Policy Act 17

of 2005 (42 U.S.C. 15801). 18

‘‘(2) ESTABLISHMENT.—The Commission shall 19

establish, as a subprogram of the Integrated Univer-20

sity Program established under this section, a work-21

force development subprogram under which the 22

Commission, in coordination with institutions of 23

higher education and trade schools, shall competi-24

tively award traineeships that provide focused train-25


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ing to meet critical mission needs of the Commission 1

and nuclear workforce needs, including needs relat-2

ing to— 3

‘‘(A) nuclear criticality safety; and 4

‘‘(B) the nuclear tradecraft workforce. 5

‘‘(3) REQUIREMENTS.—In carrying out the 6

workforce development program described in para-7

graph (2), the Commission shall— 8

‘‘(A) coordinate with the Secretary to 9

prioritize the funding of traineeships that focus 10

on— 11

‘‘(i) nuclear workforce needs; and 12

‘‘(ii) critical mission needs of the 13

Commission; 14

‘‘(B) encourage appropriate partnerships 15

among— 16

‘‘(i) National Laboratories; 17

‘‘(ii) institutions of higher education; 18

‘‘(iii) trade schools; and 19

‘‘(iv) the nuclear energy industry; and 20

‘‘(C) on an annual basis, evaluate nuclear 21

workforce needs for the purpose of imple-22

menting traineeships in focused topical areas 23

that— 24


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‘‘(i) address the workforce needs of 1

that community; and 2

‘‘(ii) support critical mission needs of 3

the Commission.’’. 4

SEC. 502. ANNUAL REPORT ON THE SPENT NUCLEAR FUEL 5

AND HIGH-LEVEL RADIOACTIVE WASTE IN-6

VENTORY IN THE UNITED STATES. 7


(1) HIGH-LEVEL RADIOACTIVE WASTE.—The 9

term ‘‘high-level radioactive waste’’ has the meaning 10

given the term in section 2 of the Nuclear Waste 11

Policy Act of 1982 (42 U.S.C. 10101). 12

(2) SPENT NUCLEAR FUEL.—The term ‘‘spent 13

nuclear fuel’’ has the meaning given the term in sec-14

tion 2 of the Nuclear Waste Policy Act of 1982 (42 15

U.S.C. 10101). 16

(3) STANDARD CONTRACT.—The term ‘‘stand-17

ard contract’’ has the meaning given the term ‘‘con-18

tract’’ in section 961.3 of title 10, Code of Federal 19

Regulations (or a successor regulation). 20

(b) REPORT.—Not later than January 1, 2022, and 21

annually thereafter, the Secretary shall submit to Con-22

gress a report that describes— 23

(1) the annual and cumulative amount of pay-24

ments made by the United States to the holder of 25


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a standard contract due to a partial breach of con-1

tract under the Nuclear Waste Policy Act of 1982 2

(42 U.S.C. 10101 et seq.) resulting in financial 3

damages to the holder; 4

(2) the amount spent by the Department to re-5

duce future payments projected to be made by the 6

United States to any holder of a standard contract 7

due to a partial breach of contract under the Nu-8

clear Waste Policy Act of 1982 (42 U.S.C. 10101 et 9

seq.); 10

(3) the cumulative amount spent by the Depart-11

ment to store, manage, and dispose of spent nuclear 12

fuel and high-level radioactive waste in the United 13

States as of the date of the report; 14

(4) the projected lifecycle costs to store, man-15

age, transport, and dispose of the projected inven-16

tory of spent nuclear fuel and high-level radioactive 17

waste in the United States, including spent nuclear 18

fuel and high-level radioactive waste expected to be 19

generated from existing reactors through 2050; 20

(5) any mechanisms for better accounting of li-21

abilities for the lifecycle costs of the spent nuclear 22

fuel and high-level radioactive waste inventory in the 23

United States; and 24


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(6) any recommendations for improving the 1

methods used by the Department for the accounting 2

of spent nuclear fuel and high-level radioactive waste 3

costs and liabilities. 4

SEC. 503. AUTHORIZATION OF APPROPRIATIONS FOR 5

SUPERFUND ACTIONS AT ABANDONED MIN-6

ING SITES ON TRIBAL LAND. 7


(1) ELIGIBLE NON-NPL SITE.—The term ‘‘eligi-9

ble non-NPL site’’ means a site that— 10

(A) is not on the National Priorities List; 11

but 12

(B) the Administrator determines would be 13

eligible for listing on the National Priorities 14

List based on the presence of hazards from con-15

tamination at the site, applying the hazard 16

ranking system described in section 105(c) of 17

the Comprehensive Environmental Response, 18

Compensation, and Liability Act of 1980 (42 19

U.S.C. 9605(c)). 20

(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 21

has the meaning given the term ‘‘Indian tribe’’ in 22

section 101 of the Comprehensive Environmental 23

Response, Compensation, and Liability Act of 1980 24

(42 U.S.C. 9601). 25


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(3) NATIONAL PRIORITIES LIST.—The term 1

‘‘National Priorities List’’ means the National Prior-2

ities List developed by the President in accordance 3

with section 105(a)(8)(B) of the Comprehensive En-4

vironmental Response, Compensation, and Liability 5

Act of 1980 (42 U.S.C. 9605(a)(8)(B)). 6

(b) AUTHORIZATION OF APPROPRIATIONS.—There is 7

authorized to be appropriated to the Administrator to 8

carry out this section $100,000,000 for each of fiscal 9

years 2021 through 2030, to remain available until ex-10

pended. 11

(c) USES OF AMOUNTS.—Amounts appropriated 12

under subsection (b) shall be used by the Administrator— 13

(1) to carry out removal actions on abandoned 14

mine land located on Tribal land; 15

(2) to carry out remedial actions on abandoned 16

mine land located on Tribal land at— 17

(A) eligible non-NPL sites; and 18

(B) sites listed on the National Priorities 19

List; and 20

(3) to make grants under subsection (e). 21

(d) HEALTH ASSESSMENTS.—Subject to the avail-22

ability of appropriations, the Agency for Toxic Substances 23

and Disease Registry, in coordination with Tribal health 24

authorities, shall perform 1 or more health assessments 25


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at each eligible non-NPL site that is located on Tribal 1

land. 2

(e) GRANTS FOR TECHNICAL ASSISTANCE.— 3

(1) IN GENERAL.—The Administrator may use 4

amounts appropriated under subsection (b) to make 5

grants to Indian Tribes on whose land is located an 6

eligible non-NPL site. 7

(2) USE OF GRANT FUNDS.—A grant under 8

paragraph (1) shall be used in accordance with the 9

second sentence of section 117(e)(1) of the Com-10

prehensive Environmental Response, Compensation, 11

and Liability Act of 1980 (42 U.S.C. 9617(e)(1)). 12

(3) LIMITATIONS.—A grant under paragraph 13

(1) shall be governed by the rules, procedures, and 14

limitations described in section 117(e)(2) of the 15

Comprehensive Environmental Response, Compensa-16

tion, and Liability Act of 1980 (42 U.S.C. 17

9617(e)(2)), except that— 18

(A) ‘‘Administrator of the Environmental 19

Protection Agency’’ shall be substituted for 20

‘‘President’’ each place it appears in that sec-21

tion; and 22

(B) in the first sentence of that section, 23

‘‘under section 503 of the American Nuclear In-24


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frastructure Act of 2020’’ shall be substituted 1

for ‘‘under this subsection’’. 2

(f) STATUTE OF LIMITATIONS.—If a remedial action 3

described in subsection (c)(2) is scheduled at an eligible 4

non-NPL site, no action may be commenced for damages 5

(as defined in section 101 of the Comprehensive Environ-6

mental Response, Compensation, and Liability Act of 7

1980 (42 U.S.C. 9601)) with respect to that eligible non- 8

NPL site unless the action is commenced within the time-9

frame provided for such actions with respect to facilities 10

on the National Priorities List in the first sentence of the 11

matter following subparagraph (B) of section 113(g)(1) 12

of that Act (42 U.S.C. 9613(g)(1)). 13

(g) COORDINATION.—The Administrator shall coordi-14

nate with the Indian Tribe on whose land the applicable 15

site is located in— 16

(1) selecting and prioritizing sites for removal 17

actions and remedial actions under paragraphs (1) 18

and (2) of subsection (c); and 19

(2) carrying out those removal actions and re-20

medial actions. 21

SEC. 504. TECHNICAL CORRECTION. 22

Section 104 c. of the Atomic Energy Act of 1954 (42 23

U.S.C. 2134(c)) is amended— 24


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(1) by striking the third sentence and inserting 1

the following: 2

‘‘(3) LIMITATION ON UTILIZATION FACILI-3

TIES.—The Commission may issue a license under 4

this section for a utilization facility useful in the 5

conduct of research and development activities of the 6

types specified in section 31 if— 7

‘‘(A) not more than 75 percent of the an-8

nual costs to the licensee of owning and oper-9

ating the facility are devoted to the sale, other 10

than for research and development or education 11

and training, of— 12

‘‘(i) nonenergy services; 13

‘‘(ii) energy; or 14

‘‘(iii) a combination of nonenergy 15

services and energy; and 16

‘‘(B) not more than 50 percent of the an-17


ating the facility are devoted to the sale of en-19

ergy.’’; 20

(2) in the second sentence, by striking ‘‘The 21

Commission’’ and inserting the following: 22

‘‘(2) REGULATION.—The Commission’’; and 23

(3) by striking ‘‘c. The Commission’’ and in-24

serting the following: 25


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‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 1

‘‘(1) IN GENERAL.—Subject to paragraphs (2) 2

and (3), the Commission’’. 3

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4

(a) SHORT TITLE.—This Act may be cited as the 5

‘‘American Nuclear Infrastructure Act of 2020’’. 6

(b) TABLE OF CONTENTS.—The table of contents for 7

this Act is as follows: 8

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—REESTABLISHING AMERICAN INTERNATIONAL

COMPETITIVENESS AND GLOBAL LEADERSHIP

Sec. 101. International nuclear reactor export and innovation activities.

Sec. 102. Denial of certain domestic licenses for national security purposes.

Sec. 103. Export license requirements.

TITLE II—EXPANDING NUCLEAR ENERGY THROUGH ADVANCED

NUCLEAR TECHNOLOGIES

Sec. 201. Advanced nuclear reactor prizes.

Sec. 202. Report on unique licensing considerations relating to the use of nuclear

energy for nonelectric applications.

Sec. 203. Enabling preparations for the demonstration of advanced nuclear reac-

tors on Department sites.

TITLE III—PRESERVING EXISTING NUCLEAR ENERGY GENERATION

Sec. 301. Nuclear reactor incentives.

Sec. 302. Report on lessons learned during the COVID–19 public health emer-

gency.

Sec. 303. Investment by allies.

TITLE IV—REVITALIZING AMERICA’S NUCLEAR SUPPLY CHAIN

INFRASTRUCTURE

Sec. 401. Advanced nuclear fuel approval.

Sec. 402. National strategic uranium reserve.

Sec. 403. Report on advanced methods of manufacturing and construction for nu-

clear energy applications.

TITLE V—MISCELLANEOUS

Sec. 501. Nuclear energy workforce development.

Sec. 502. Annual report on the spent nuclear fuel and high-level radioactive waste

inventory in the United States.


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Sec. 503. Authorization of appropriations for superfund actions at abandoned

mining sites on Tribal land.

Sec. 504. Nuclear closure communities.

Sec. 505. Report on corporate support.

Sec. 506. Technical correction.

SEC. 2. DEFINITIONS. 1

In this Act: 2

(1) ACCIDENT TOLERANT FUEL.—The term ‘‘ac-3

cident tolerant fuel’’ has the meaning given the term 4

in section 107(a) of the Nuclear Energy Innovation 5

and Modernization Act (Public Law 115–439; 132 6

Stat. 5577). 7

(2) ADMINISTRATOR.—The term ‘‘Adminis-8

trator’’ means the Administrator of the Environ-9

mental Protection Agency. 10

(3) ADVANCED NUCLEAR FUEL.—The term ‘‘ad-11

vanced nuclear fuel’’ means— 12

(A) advanced nuclear reactor fuel (as de-13

fined in section 3 of the Nuclear Energy Innova-14

tion and Modernization Act (42 U.S.C. 2215 15

note; Public Law 115–439)); and 16

(B) accident tolerant fuel. 17

(4) ADVANCED NUCLEAR REACTOR.—The term 18

‘‘advanced nuclear reactor’’ has the meaning given the 19

term in section 3 of the Nuclear Energy Innovation 20

and Modernization Act (42 U.S.C. 2215 note; Public 21

Law 115–439). 22


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(5) APPROPRIATE COMMITTEES OF CONGRESS.— 1

The term ‘‘appropriate committees of Congress’’ 2

means— 3

(A) the Committee on Environment and 4

Public Works of the Senate; and 5

(B) the Committee on Energy and Com-6

merce of the House of Representatives. 7

(6) CHAIRMAN.—The term ‘‘Chairman’’ means 8

the Chairman of the Nuclear Regulatory Commission. 9

(7) COMMISSION.—The term ‘‘Commission’’ 10


(8) DEPARTMENT.—The term ‘‘Department’’ 12

means the Department of Energy. 13

(9) EARLY SITE PERMIT.—The term ‘‘early site 14

permit’’ has the meaning given the term in section 15

52.1 of title 10, Code of Federal Regulations (or a 16

successor regulation). 17

(10) HIGH-ASSAY, LOW-ENRICHED URANIUM.— 18

The term ‘‘high-assay, low-enriched uranium’’ means 19

uranium with an assay greater than 5 weight per-20

cent, but less than 20 weight percent, of the uranium- 21

235 isotope. 22

(11) INSTITUTION OF HIGHER EDUCATION.—The 23

term ‘‘institution of higher education’’ has the mean-24


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ing given the term in section 101(a) of the Higher 1

Education Act of 1965 (20 U.S.C. 1001(a)). 2

(12) NATIONAL LABORATORY.—The term ‘‘Na-3

tional Laboratory’’ has the meaning given the term in 4

section 2 of the Energy Policy Act of 2005 (42 U.S.C. 5

15801). 6

(13) REMOVAL; REMEDIAL ACTION.—The terms 7

‘‘removal’’ and ‘‘remedial action’’ have the meanings 8

given those terms in section 101 of the Comprehensive 9

Environmental Response, Compensation, and Liabil-10

ity Act of 1980 (42 U.S.C. 9601). 11

(14) SECRETARY.—The term ‘‘Secretary’’ means 12

the Secretary of Energy. 13

(15) TRIBAL LAND.—The term ‘‘Tribal land’’ has 14

the meaning given the term ‘‘Indian country’’ in sec-15

tion 1151 of title 18, United States Code. 16

TITLE I—REESTABLISHING 17

AMERICAN INTERNATIONAL 18

COMPETITIVENESS AND 19

GLOBAL LEADERSHIP 20

SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 21

AND INNOVATION ACTIVITIES. 22

(a) COORDINATION.— 23

(1) IN GENERAL.—The Commission shall— 24


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(A) coordinate all work of the Commission 1

relating to— 2

(i) nuclear reactor import and export 3

licensing; and 4

(ii) international regulatory coopera-5

tion and assistance relating to nuclear reac-6

tors, including with countries that are 7

members of the Organisation for Economic 8

Co-operation and Development; and 9

(B) support interagency and international 10

coordination with respect to— 11

(i) the consideration of international 12

technical standards to establish the licensing 13

and regulatory basis to assist the design, 14

construction, and operation of nuclear sys-15

tems; 16

(ii) efforts to help build competent nu-17

clear regulatory organizations and legal 18

frameworks in countries seeking to develop 19

nuclear power; and 20

(iii) exchange programs and training 21

provided to other countries relating to nu-22

clear regulation and oversight to improve 23

nuclear technology licensing, in accordance 24

with paragraph (2). 25


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(2) EXCHANGE PROGRAMS AND TRAINING.—With 1

respect to the exchange programs and training de-2

scribed in paragraph (1)(B)(iii), the Commission 3

shall coordinate, as applicable, with— 4

(A) the Secretary; 5

(B) National Laboratories; 6

(C) the private sector; and 7

(D) institutions of higher education. 8

(b) AUTHORITY TO ESTABLISH BRANCH.—The Com-9

mission may establish within the Office of International 10

Programs a branch, to be known as the ‘‘International Nu-11

clear Reactor Export and Innovation Branch’’, to carry out 12

such international nuclear reactor export and innovation 13

activities as the Commission determines to be appropriate 14

and within the mission of the Commission. 15

(c) EXCLUSION OF INTERNATIONAL ACTIVITIES FROM 16

THE FEE BASE.— 17

(1) IN GENERAL.—Section 102 of the Nuclear 18

Energy Innovation and Modernization Act (42 U.S.C. 19

2215) is amended— 20

(A) in subsection (a), by adding at the end 21

the following: 22

‘‘(4) INTERNATIONAL NUCLEAR REACTOR EXPORT 23

AND INNOVATION ACTIVITIES.—The Commission shall 24

identify in the annual budget justification inter-25


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national nuclear reactor export and innovation ac-1

tivities described in section 101(a) of the American 2

Nuclear Infrastructure Act of 2020.’’; and 3

(B) in subsection (b)(1)(B), by adding at 4

the end the following: 5

‘‘(iv) Costs for international nuclear 6

reactor export and innovation activities de-7

scribed in section 101(a) of the American 8

Nuclear Infrastructure Act of 2020.’’. 9

(2) EFFECTIVE DATE.—The amendments made 10

by paragraph (1) shall take effect on October 1, 2021. 11


the authority of the Commission to license and regulate the 13

civilian use of radioactive materials. 14

SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 15

NATIONAL SECURITY PURPOSES. 16

(a) DEFINITION OF COVERED FUEL.—In this section, 17

the term ‘‘covered fuel’’ means enriched uranium that is 18

fabricated into fuel assemblies for nuclear reactors by an 19

entity that— 20


the Russian Federation or the Government of the Peo-22

ple’s Republic of China; or 23


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(b) PROHIBITION ON UNLICENSED POSSESSION OR 4

OWNERSHIP OF COVERED FUEL.—Unless specifically au-5

thorized by the Commission in a license issued under sec-6

tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 2073) 7

and part 70 of title 10, Code of Federal Regulations (or 8

successor regulations), no person subject to the jurisdiction 9

of the Commission may possess or own covered fuel. 10

(c) LICENSE TO POSSESS OR OWN COVERED FUEL.— 11

(1) CONSULTATION REQUIRED PRIOR TO 12

ISSUANCE.—The Commission shall not issue a license 13

to possess or own covered fuel under section 53 of the 14

Atomic Energy Act of 1954 (42 U.S.C. 2073) and 15

part 70 of title 10, Code of Federal Regulations (or 16

successor regulations), unless the Commission has first 17

consulted with the Secretary and the Secretary of 18

State before issuing the license. 19

(2) PROHIBITION ON ISSUANCE OF LICENSE.— 20

(A) IN GENERAL.—Subject to subparagraph 21

(C), a license to possess or own covered fuel shall 22

not be issued if the Secretary and the Secretary 23

of State make the determination described in 24

subparagraph (B). 25


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(B) DETERMINATION.— 1

(i) IN GENERAL.—The determination 2

referred to in subparagraph (A) is a deter-3

mination that possession or ownership, as 4

applicable, of covered fuel poses a threat to 5

the national security of the United States 6

that adversely impacts the physical and eco-7

nomic security of the United States. 8

(ii) JOINT DETERMINATION.—A deter-9

mination described in clause (i) shall be 10

jointly made by the Secretary and the Sec-11

retary of State. 12

(iii) TIMELINE.— 13

(I) NOTICE OF APPLICATION.—Not 14

later than 30 days after the date on 15

which the Commission receives an ap-16

plication for a license to possess or 17

own covered fuel, the Commission shall 18

notify the Secretary and the Secretary 19

of State of the application. 20

(II) DETERMINATION.—The Sec-21

retary and the Secretary of State shall 22

have a period of 180 days, beginning 23

on the date on which the Commission 24

notifies the Secretary and the Sec-25


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retary of State under subclause (I) of 1

an application for a license to possess 2

or own covered fuel, in which to make 3

the determination described in clause 4

(i). 5

(III) COMMISSION NOTIFICA-6

TION.—On making the determination 7

described in clause (i), the Secretary 8

and the Secretary of State shall imme-9

diately notify the Commission. 10

(IV) CONGRESSIONAL NOTIFICA-11

TION.—Not later than 30 days after 12

the date on which the Secretary and 13

the Secretary of State notify the Com-14

mission under subclause (III), the 15

Commission shall notify the appro-16

priate committees of Congress of the 17

determination. 18

(V) PUBLIC NOTICE.—Not later 19

than 15 days after the date on which 20

the Commission notifies Congress 21

under subclause (IV) of a determina-22

tion made under clause (i), the Com-23

mission shall make that determination 24

publicly available. 25


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(C) EFFECT OF NO DETERMINATION.—The 1

prohibition described in subparagraph (A) shall 2

not apply if the Secretary and the Secretary of 3

State do not make the determination described in 4

subparagraph (B) by the date described in clause 5

(iii)(II) of that subparagraph. 6


any treaty or international agreement in effect on the date 8

of enactment of this Act. 9

SEC. 103. EXPORT LICENSE REQUIREMENTS. 10

(a) DEFINITION OF LOW-ENRICHED URANIUM.—In 11

this section, the term ‘‘low-enriched uranium’’ means ura-12

nium enriched to less than 20 percent of the uranium-235 13

isotope. 14

(b) REQUIREMENT.—The Commission shall not issue 15

an export license for the transfer of any item described in 16

subsection (d) to a country described in subsection (c) unless 17

the Commission makes a determination that such transfer 18

will not be inimical to the interests of the United States. 19

(c) COUNTRIES DESCRIBED.—A country referred to in 20

subsection (b) is a country that— 21

(1) has not concluded and ratified an Additional 22

Protocol to its safeguards agreement with the Inter-23

national Atomic Energy Agency; or 24


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(2) has not ratified or acceded to the amendment 1

to the Convention on the Physical Protection of Nu-2

clear Material, signed at Vienna and New York 3

March 3, 1980, described in the information circular 4

of the International Atomic Energy Agency numbered 5

INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016. 6

(d) ITEMS DESCRIBED.—An item referred to in sub-7

section (b) includes— 8

(1) unirradiated nuclear fuel containing special 9

nuclear material (as defined in section 11 of the 10

Atomic Energy Act of 1954 (42 U.S.C. 2014)), exclud-11

ing low-enriched uranium; 12

(2) a nuclear reactor that uses nuclear fuel de-13

scribed in paragraph (1); and 14

(3) any plant or component listed in Appendix 15

I to part 110 of title 10, Code of Federal Regulations 16

(or successor regulations), that is involved in— 17

(A) the reprocessing of irradiated nuclear 18

reactor fuel elements; 19

(B) the separation of plutonium; or 20

(C) the separation of the uranium-233 iso-21

tope. 22

(e) NOTIFICATION.—If the Commission makes a deter-23

mination under subsection (b) that the transfer of any item 24

described in subsection (d) to a country described in sub-25


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section (c) will not be inimical to the interests of the United 1

States, the Commission shall notify the appropriate com-2

mittees of Congress. 3

TITLE II—EXPANDING NUCLEAR 4

ENERGY THROUGH AD-5

VANCED NUCLEAR TECH-6

NOLOGIES 7

SEC. 201. ADVANCED NUCLEAR REACTOR PRIZES. 8

Section 103 of the Nuclear Energy Innovation and 9

Modernization Act (Public Law 115–439; 132 Stat. 5571) 10

is amended by adding at the end the following: 11

‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI-12

CENSING.— 13

‘‘(1) PRIZE FOR ADVANCED NUCLEAR REACTOR 14

LICENSING.— 15

‘‘(A) IN GENERAL.—Subject to the avail-16

ability of appropriations, the Secretary is au-17

thorized to make, with respect to each award cat-18

egory described in subparagraph (C), an award 19

in an amount described in subparagraph (B) to 20

the first non-Federal entity to which the Com-21

mission issues— 22

‘‘(i) an operating license for an ad-23

vanced nuclear reactor under part 50 of 24

title 10, Code of Federal Regulations (or 25


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successor regulations), for which an appli-1

cation has not been approved by the Com-2

mission as of the date of enactment of this 3

subsection; or 4

‘‘(ii) a finding required under section 5

52.103(g) of title 10, Code of Federal Regu-6

lations (or successor regulations), for a com-7

bined license for an advanced nuclear reac-8

tor— 9

‘‘(I) that is issued under subpart 10

C of part 52 that title (or successor 11

regulations); and 12

‘‘(II) for which an application 13

has not been approved by the Commis-14

sion as of the date of enactment of this 15

subsection. 16

‘‘(B) AMOUNT OF AWARD.—An award under 17

subparagraph (A) shall be in an amount equal 18

to the total amount assessed by the Commission 19

and collected under section 102(b)(2) from the 20

entity receiving the award for costs relating to 21

the issuance of the license described in that sub-22

paragraph, including, as applicable, costs relat-23

ing to the issuance of an associated construction 24

permit described in section 50.23 of title 10, 25


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Code of Federal Regulations (or successor regula-1

tions), or early site permit (as defined in section 2

52.1 of that title (or successor regulations)). 3

‘‘(C) AWARD CATEGORIES.—An award 4

under subparagraph (A) may be made for— 5

‘‘(i) the first advanced nuclear reactor 6

for which the Commission issues— 7

‘‘(I) a license in accordance with 8

clause (i) of subparagraph (A); or 9

‘‘(II) a finding in accordance 10

with clause (ii) of that subparagraph; 11

‘‘(ii) an advanced nuclear reactor 12

that— 13

‘‘(I) uses isotopes derived from 14

spent nuclear fuel (as defined in sec-15

tion 2 of the Nuclear Waste Policy Act 16

of 1982 (42 U.S.C. 10101)) or depleted 17

uranium as fuel for the advanced nu-18

clear reactor; and 19

‘‘(II) is the first advanced nuclear 20

reactor described in subclause (I) for 21

which the Commission issues— 22



(A); or 25


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paragraph; and 3

‘‘(iii) an advanced nuclear reactor 4

that— 5

‘‘(I) operates flexibly to generate 6

electricity or high temperature process 7

heat for nonelectric applications; and 8

‘‘(II) is the first advanced nuclear 9

reactor described in subclause (I) for 10

which the Commission issues— 11



(A); or 14



paragraph. 17

‘‘(2) FEDERAL FUNDING LIMITATION.—An award 18

under this subsection shall not exceed the total 19

amount expended (excluding any expenditures made 20

with Federal funds received for the applicable project 21

and an amount equal to the minimum cost-share re-22

quired under section 988 of the Energy Policy Act of 23

2005 (42 U.S.C. 16352)) by the entity receiving the 24


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award for licensing costs relating to the project for 1

which the award is made.’’. 2

SEC. 202. REPORT ON UNIQUE LICENSING CONSIDER-3

ATIONS RELATING TO THE USE OF NUCLEAR 4

ENERGY FOR NONELECTRIC APPLICATIONS. 5

(a) IN GENERAL.—Not later than 1 year after the date 6

of enactment of this Act, the Commission shall submit to 7

the appropriate committees of Congress a report (referred 8

to in this section as the ‘‘report’’) addressing any unique 9

licensing issues or requirements relating to— 10

(1) the flexible operation of nuclear reactors, 11

such as ramping power output and switching between 12

electricity generation and nonelectric applications; 13

(2) the use of advanced nuclear reactors exclu-14

sively for nonelectric applications; and 15

(3) the colocation of nuclear reactors with indus-16

trial plants or other facilities. 17





(3) technology developers; 22

(4) the industrial, chemical, and medical sectors; 23




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(c) CONTENTS.— 1

(1) IN GENERAL.—The report shall describe— 2

(A) any unique licensing issues or require-3

ments relating to the matters described in para-4

graphs (1) through (3) of subsection (a), includ-5

ing, with respect to the nonelectric applications 6

referred to in paragraphs (1) and (2) of that 7

subsection, any licensing issues or requirements 8

relating to the use of nuclear energy in— 9

(i) hydrogen or other liquid and gas-10

eous fuel or chemical production; 11

(ii) water desalination and wastewater 12

treatment; 13

(iii) heat for industrial processes; 14

(iv) district heating; 15

(v) energy storage; 16

(vi) industrial or medical isotope pro-17

duction; and 18

(vii) other applications, as identified 19

by the Commission; 20

(B) options for addressing those issues or 21

requirements— 22


framework; 24


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(ii) as part of the technology-inclusive 1

regulatory framework required under sub-2

section (a)(4) of section 103 of the Nuclear 3

Energy Innovation and Modernization Act 4

(42 U.S.C. 2133 note; Public Law 115–439) 5

or described in the report required under 6

subsection (e) of that section (Public Law 7

115–439; 132 Stat. 5575); or 8

(iii) through a new rulemaking; and 9

(C) the extent to which Commission action 10

is needed to implement any matter described in 11

the report. 12



proposed budgets, and proposed timeframes for imple-15

menting risk-informed and performance-based regu-16

latory guidance in the licensing of nuclear reactors 17

for nonelectric applications. 18

SEC. 203. ENABLING PREPARATIONS FOR THE DEMONSTRA-19

TION OF ADVANCED NUCLEAR REACTORS ON 20

DEPARTMENT SITES. 21

(a) IN GENERAL.—Section 102(b)(1)(B) of the Nuclear 22

Energy Innovation and Modernization Act (42 U.S.C. 23

2215(b)(1)(B)) (as amended by section 101(c)) is amended 24

by adding at the end the following: 25


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‘‘(v) Costs for— 1

‘‘(I) activities to review and ap-2

prove or disapprove an application for 3

an early site permit (as defined in sec-4

tion 52.1 of title 10, Code of Federal 5

Regulations (or a successor regula-6

tion)) to demonstrate an advanced nu-7

clear reactor on a Department of En-8

ergy site; and 9

‘‘(II) pre-application activities re-10

lating to an early site permit (as so 11

defined) to demonstrate an advanced 12

nuclear reactor on a Department of 13

Energy site.’’. 14

(b) EFFECTIVE DATE.—The amendment made by sub-15

section (a) shall take effect on October 1, 2021. 16

TITLE III—PRESERVING EXIST-17

ING NUCLEAR ENERGY GEN-18

ERATION 19

SEC. 301. NUCLEAR REACTOR INCENTIVES. 20


(1) CERTIFIED NUCLEAR REACTOR.—The term 22

‘‘certified nuclear reactor’’ means a nuclear reactor 23

that— 24


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(A) operates in a competitive electricity 1

market; and 2

(B) is certified under subsection (c)(2)(A)(i) 3

to submit a sealed bid in accordance with sub-4

section (d). 5

(2) CREDIT.—The term ‘‘credit’’ means a credit 6

allocated to a certified nuclear reactor under sub-7

section (e)(2). 8

(b) ESTABLISHMENT OF PROGRAM.—Subject to the 9

availability of appropriations, the Administrator, in con-10

sultation with the Secretary, shall establish an emissions 11

avoidance program— 12

(1) to evaluate nuclear reactors that are pro-13

jected to cease operations due to economic factors; and 14

(2) to allocate credits to certified nuclear reactors 15

that are selected under paragraph (1)(B) of subsection 16

(e) to receive credits under paragraph (2) of that sub-17

section. 18

(c) CERTIFICATION.— 19

(1) APPLICATION.— 20

(A) IN GENERAL.—In order to be certified 21

under paragraph (2)(A)(i), the owner or oper-22

ator of a nuclear reactor that is projected to 23

cease operations due to economic factors shall 24

submit to the Administrator an application at 25


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such time, in such manner, and containing such 1

information as the Administrator determines to 2

be appropriate, including— 3

(i) information on the operating costs 4

necessary to make the examination de-5

scribed in paragraph (2)(A)(ii)(II), includ-6

ing— 7

(I) the average annual operating 8

loss per megawatt-hour expected to be 9

incurred by the nuclear reactor over 10

the 4-year period for which credits 11

would be allocated; 12

(II) any private or publicly avail-13

able data with respect to current or 14

projected bulk power market prices; 15

(III) out-of-market revenue 16

streams; 17

(IV) operations and maintenance 18

costs; 19

(V) capital costs, including fuel; 20

and 21

(VI) operational and market risks; 22

(ii) an estimate of the potential incre-23

mental emissions of carbon dioxide, nitro-24

gen oxides, sulfur oxides, particulate matter, 25


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and hazardous air pollutants that would re-1

sult if the nuclear reactor were to cease op-2

erations; 3

(iii) information on the source of re-4

covered uranium and the location where the 5

uranium is converted, enriched, and fab-6

ricated into fuel assemblies for the nuclear 7

reactor for the 4-year period for which cred-8

its would be allocated; and 9

(iv) a detailed plan to sustain oper-10

ations at the conclusion of the applicable 4- 11

year period for which credits would be allo-12

cated— 13

(I) without receiving additional 14

credits; or 15

(II) with the receipt of additional 16

credits of a lower amount than the 17

credits allocated during that 4-year 18

credit period. 19

(B) TIMELINE.—The Administrator shall 20

accept applications described in subparagraph 21

(A)— 22

(i) until the date that is 120 days after 23

the date of enactment of this Act; and 24


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(ii) not less frequently than every year 1

thereafter. 2

(2) DETERMINATION TO CERTIFY.— 3

(A) DETERMINATION.— 4

(i) IN GENERAL.—Not later than 60 5

days after the applicable date under sub-6

paragraph (B) of paragraph (1), the Ad-7


retary, shall determine whether to certify, in 9

accordance with clauses (ii) and (iii), each 10

nuclear reactor for which an application is 11

submitted under subparagraph (A) of that 12

paragraph. 13

(ii) MINIMUM REQUIREMENTS.—To the 14

maximum extent practicable, the Adminis-15

trator, in consultation with the Secretary, 16

shall only certify a nuclear reactor under 17

clause (i) if— 18

(I) the nuclear reactor has a good 19

safety record, as determined by the Ac-20

tion Matrix of the Commission or the 21

Performance Indicators of the Reactor 22

Oversight Process, such that the nu-23

clear reactor falls under the ‘‘licensee 24


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response’’ column indicating no cur-1

rent significant safety issues; 2

(II) after considering the informa-3

tion submitted under paragraph 4

(1)(A)(i), the Administrator determines 5

that the nuclear reactor is projected to 6

cease operations due to economic fac-7

tors; and 8

(III) after considering the esti-9

mate submitted under paragraph 10

(1)(A)(ii), the Administrator deter-11

mines that emissions of carbon dioxide, 12

nitrogen oxides, sulfur oxides, particu-13

late matter, and hazardous air pollut-14

ants would increase if the nuclear reac-15

tor were to cease operations and be re-16

placed with other types of power gen-17

eration. 18

(iii) PRIORITY.—In determining 19

whether to certify a nuclear reactor under 20

clause (i), the Administrator, in consulta-21

tion with the Secretary, shall give priority 22

to a nuclear reactor that uses uranium that 23

is recovered, converted, enriched, and fab-24


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ricated into fuel assemblies in the United 1

States. 2

(B) NOTICE.—For each application received 3

under paragraph (1)(A), the Administrator, in 4

consultation with the Secretary, shall provide to 5

the applicable owner or operator, as applicable— 6

(i) a notice of the certification of the 7

applicable nuclear reactor; or 8

(ii) a notice that describes the reasons 9

why the certification of the applicable nu-10

clear reactor was denied. 11

(d) BIDDING PROCESS.— 12

(1) IN GENERAL.—Subject to paragraph (2), the 13

Administrator shall establish a deadline by which 14

each certified nuclear reactor shall submit to the Ad-15

ministrator a sealed bid that— 16

(A) describes the price per megawatt-hour 17

required to maintain operations of the certified 18

nuclear reactor during the 4-year period for 19

which the certified nuclear reactor would receive 20

credits; and 21

(B) includes a commitment, subject to the 22

receipt of credits, to provide a specific number of 23

megawatt-hours of generation during the 4-year 24

period for which credits would be allocated. 25


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(2) REQUIREMENT.—The deadline established 1

under paragraph (1) shall be not later than 30 days 2

after the first date on which the Administrator has 3

made the determination described in paragraph 4

(2)(A)(i) of subsection (c) with respect to each appli-5

cation submitted under paragraph (1)(A) of that sub-6

section. 7

(e) ALLOCATION.— 8

(1) AUCTION.—The Administrator, in consulta-9

tion with the Secretary, shall— 10

(A) in consultation with the heads of appli-11

cable Federal agencies, establish a process for 12

evaluating bids submitted under subsection 13

(d)(1) through an auction process; and 14

(B) select certified nuclear reactors to be al-15

located credits. 16

(2) CREDITS.—Subject to subsection (f)(2), on se-17

lection under paragraph (1), a certified nuclear reac-18

tor shall be allocated credits for a 4-year period be-19

ginning on the date of the selection. 20

(3) REQUIREMENT.—To the maximum extent 21

practicable, the Administrator shall use the amounts 22

made available for credits under this section to allo-23

cate credits to as many certified nuclear reactors as 24

possible. 25


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(f) RENEWAL.— 1

(1) IN GENERAL.—The owner or operator of a 2

certified nuclear reactor may seek to recertify the nu-3

clear reactor in accordance with this section. 4

(2) LIMITATION.—Notwithstanding any other 5

provision of this section, the Administrator may not 6

allocate any credits after September 30, 2026. 7

(g) ADDITIONAL REQUIREMENTS.— 8

(1) AUDIT.—During the 4-year period beginning 9

on the date on which a certified nuclear reactor first 10

receives a credit, the Administrator, in consultation 11

with the Secretary, shall periodically audit the cer-12

tified nuclear reactor. 13

(2) RECAPTURE.—The Administrator shall, by 14

regulation, provide for the recapture of the allocation 15

of any credit to a certified nuclear reactor that, dur-16

ing the period described in paragraph (1)— 17

(A) terminates operations; or 18

(B) does not operate at an annual loss in 19

the absence of an allocation of credits to the cer-20

tified nuclear reactor. 21

(3) CONFIDENTIALITY.—The Administrator, in 22

consultation with the Secretary, shall establish proce-23

dures to ensure that any confidential, private, propri-24

etary, or privileged information that is included in a 25


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sealed bid submitted under this section is not publicly 1

disclosed or otherwise improperly used. 2

(h) REPORT.—Not later than January 1, 2024, the 3

Comptroller General of the United States shall submit to 4

Congress a report with respect to the credits allocated to 5

certified nuclear reactors, which shall include— 6

(1) an evaluation of the effectiveness of the cred-7

its in avoiding emissions of carbon dioxide, nitrogen 8

oxides, sulfur oxides, particulate matter, and haz-9

ardous air pollutants while ensuring grid reliability; 10

(2) a quantification of the ratepayer savings 11

achieved under this section; and 12

(3) any recommendations to renew or expand the 13

credits. 14

(i) AUTHORIZATION OF APPROPRIATIONS.—There are 15

authorized to be appropriated such sums as are necessary 16

to carry out this section for each of fiscal years 2021 17

through 2026. 18

SEC. 302. REPORT ON LESSONS LEARNED DURING THE 19

COVID–19 PUBLIC HEALTH EMERGENCY. 20


date of enactment of this Act, the Commission shall submit 22

to the appropriate committees of Congress and make pub-23

licly available a report on actions taken by the Commission 24

during the public health emergency declared by the Sec-25


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retary of Health and Human Services under section 319 1

of the Public Health Service Act (42 U.S.C. 247d) on Janu-2

ary 31, 2020, with respect to COVID–19. 3

(b) CONTENTS.—The report under subsection (a) shall 4

include— 5

(1) an identification of the processes, procedures, 6

and other regulatory policies that were revised or 7

temporarily suspended during the public health emer-8

gency described in subsection (a); 9

(2) a review of actions, if any, taken by the 10

Commission that examines how any revision or tem-11

porary suspension of a process, procedure, or other 12

regulatory policy identified under paragraph (1) may 13

or may not have compromised the ability of the Com-14

mission to license and regulate the civilian use of ra-15

dioactive materials in the United States to protect 16

public health and safety, promote the common defense 17

and security, and protect the environment; 18

(3) a description of any process efficiencies or 19

challenges that resulted from the matters identified 20

under paragraph (1); 21

(4) a discussion of lessons learned from the mat-22

ters described in paragraphs (1), (2), and (3); 23

(5) a list of actions that the Commission may 24

take to incorporate into the licensing activities and 25


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regulations of the Commission, without compromising 1

the mission of the Commission— 2

(A) the lessons described in paragraph (4); 3

and 4

(B) the information provided under para-5

graphs (2) and (3); and 6

(6) a description of when the actions described in 7

paragraph (5) may be implemented. 8

SEC. 303. INVESTMENT BY ALLIES. 9

(a) IN GENERAL.—The prohibitions against issuing 10

certain licenses for utilization facilities to certain corpora-11

tions and other entities described in the second sentence of 12

section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 13

2133(d)) and the second sentence of section 104 d. of that 14

Act (42 U.S.C. 2134(d)) shall not apply to an entity de-15

scribed in subsection (b) if the Commission determines that 16

issuance of the applicable license to that entity is not inim-17

ical to— 18

(1) the common defense and security; or 19

(2) the health and safety of the public. 20

(b) ENTITIES DESCRIBED.—An entity referred to in 21

subsection (a) is a corporation or other entity that is owned, 22

controlled, or dominated by— 23

(1) the government of— 24


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(A) a country that is a member of the 1

Group of Seven as of November 25, 2020, which 2

includes the United Kingdom, Germany, Can-3

ada, Japan, France, and Italy; or 4

(B) the Republic of Korea; 5

(2) a corporation that is incorporated in a coun-6

try described in subparagraph (A) or (B) of para-7

graph (1); or 8

(3) an alien who is a national of a country de-9

scribed in subparagraph (A) or (B) of paragraph (1). 10

(c) TECHNICAL AMENDMENT.—Section 103 d. of the 11

Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amend-12

ed, in the second sentence, by striking ‘‘any any’’ and in-13

serting ‘‘any’’. 14

(d) SAVINGS CLAUSE.—Nothing in this section affects 15

the requirements of section 721 of the Defense Production 16

Act of 1950 (50 U.S.C. 4565). 17

TITLE IV—REVITALIZING AMER-18

ICA’S NUCLEAR SUPPLY 19

CHAIN INFRASTRUCTURE 20

SEC. 401. ADVANCED NUCLEAR FUEL APPROVAL. 21

(a) AGENCY COORDINATION.— 22

(1) IN GENERAL.—Not later than 1 year after 23

the date of enactment of this Act, the Chairman and 24


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the Secretary shall enter into a memorandum of un-1

derstanding relating to advanced nuclear fuels. 2

(2) MEMORANDUM OF UNDERSTANDING CON-3

TENTS.—The memorandum of understanding entered 4

into under paragraph (1) shall require the Depart-5

ment and the Commission to coordinate, as appro-6

priate— 7

(A) to ensure that the Department has suffi-8

cient technical expertise to support the timely re-9

search, development, demonstration, and com-10

mercial application by the civilian nuclear in-11

dustry of innovative advanced nuclear fuels, in-12

cluding by facilitating the development and 13

sharing of criticality benchmark data to sup-14

port— 15

(i) the licensing of fuel enrichment, 16

deconversion, and fabrication facilities 17

for— 18






and 24


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(ii) the certification of transportation 7

packages for— 8






and 14






nium-235 isotope; 20

(B) to ensure that the Commission has suf-21

ficient technical expertise to support the evalua-22

tion of advanced nuclear fuels; 23

(C) to identify methods to improve the use 24

of computers and software codes to calculate the 25


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behavior and performance of advanced nuclear 1

fuels based on mathematical models of the phys-2

ical behavior of advanced nuclear fuels; 3

(D) to ensure that the Department main-4

tains and develops the facilities necessary to en-5

able the timely research, development, dem-6

onstration, and commercial application by the 7

civilian nuclear industry of innovative advanced 8

nuclear fuels; and 9

(E) to ensure that the Commission has ac-10

cess to the facilities described in subparagraph 11

(D), as needed. 12

(b) REPORTING REQUIREMENTS.—Not later than 180 13

days after the date of enactment of this Act, the Commission 14

shall submit to the appropriate committees of Congress a 15

report that— 16

(1) identifies criticality benchmark data to as-17

sist— 18

(A) the licensing of fuel enrichment, 19

deconversion, and fabrication facilities for— 20



assay greater than 5 weight percent, but less 23

than 10 weight percent, of the uranium-235 24

isotope; and 25


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percent, but less than 20 weight percent, of 4

the uranium-235 isotope; and 5

(B) the certification of transportation pack-6

ages for— 7



assay greater than 5 weight percent, but less 10

than 10 weight percent, of the uranium-235 11

isotope; and 12




percent, but less than 20 weight percent, of 16

the uranium-235 isotope; 17

(2) identifies and describes any updates to regu-18

lations, certifications, and other regulatory policies 19

that the Commission determines are necessary for li-20

censing and oversight relating to high-assay, low-en-21

riched uranium, including— 22

(A) certifications relating to transportation 23

packages for— 24


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cent, but less than 10 weight percent, of the 3

uranium-235 isotope; and 4



weight percent, but less than 20 weight per-7

cent, of the uranium-235 isotope; and 8

(B) licensing of fuel enrichment, 9

deconversion, and fabrication facilities for high- 10

assay, low-enriched uranium, and associated 11

physical security plans for those facilities; 12

(3) identifies and describes any updates to regu-13

lations, certifications, and other regulatory policies 14

that the Commission determines are necessary to ad-15

dress nuclear nonproliferation considerations that— 16

(A) are within the mission of the Commis-17

sion; and 18

(B) are associated with— 19




uranium-235 isotope; or 23




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cent, of the uranium-235 isotope; 2

(4) identifies and describes— 3

(A) any data needs, regulatory require-4

ments, or policies identified under paragraph 5

(1), (2), or (3) that— 6

(i) differ based on whether they are re-7

lated to— 8




percent, of the uranium-235 isotope; or 12





nium-235 isotope; or 17

(ii) are unique to— 18




percent, of the uranium-235 isotope; or 22





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nium-235 isotope; 2

(B) the manner in which the data needs, 3


under subparagraph (A)(i) differ as described in 5

that subparagraph; and 6

(C) the extent to which the data needs, regu-7

latory requirements, or policies identified under 8

subparagraph (A)(ii) are unique to either— 9




uranium-235 isotope; or 13




cent, of the uranium-235 isotope; and 17

(5) includes a timeline for completing the up-18

dates described in paragraphs (2) and (3) within the 19

existing regulatory framework. 20

SEC. 402. NATIONAL STRATEGIC URANIUM RESERVE. 21


(1) PROGRAM.—The term ‘‘program’’ means the 23

program established under subsection (b)(1). 24


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(2) URANIUM RESERVE.—The term ‘‘Uranium 1

Reserve’’ means the uranium reserve operated pursu-2

ant to the program. 3

(b) ESTABLISHMENT.— 4

(1) IN GENERAL.—Not later than 60 days after 5

the date of enactment of this Act, the Secretary, sub-6

ject to the availability of appropriations, shall estab-7

lish a program to operate a uranium reserve in ac-8

cordance with this section. 9

(2) AUTHORITY.—In establishing the program 10

and operating the Uranium Reserve, the Secretary 11

shall use the authority granted to the Secretary by 12

sections 53, 63, and 161 g. of the Atomic Energy Act 13

of 1954 (42 U.S.C. 2073, 2093, 2201(g)). 14

(c) PURPOSES.—The purposes of the Uranium Reserve 15

are— 16

(1) to provide assurance of the availability of 17

uranium recovered in the United States in the event 18

of a market disruption; and 19

(2) to support strategic fuel cycle capabilities in 20

the United States. 21

(d) EXCLUSION.—The Secretary shall exclude from the 22

Uranium Reserve uranium that is recovered in the United 23

States by an entity that— 24


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the Russian Federation or the Government of the Peo-2

ple’s Republic of China; or 3




(e) ACQUISITION.— 7

(1) IN GENERAL.—The Secretary may acquire 8

for the Uranium Reserve only uranium recovered 9

from a facility described in paragraph (2), including, 10

subject to paragraph (3), uranium ore that has been 11

mined. 12

(2) FACILITIES DESCRIBED.—A facility referred 13

to in paragraph (1) is a facility that— 14

(A)(i) is licensed by the Commission as of 15

the date of enactment of this Act; 16


(iii) is not the subject of an enforcement ac-18

tion that— 19

(I) was taken— 20


a regulation in part 40 of title 10, 22




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(bb) during the 1-year period end-1

ing on the date on which the uranium 2

is acquired for the Uranium Reserve; 3

and 4

(II) was characterized as ‘‘escalated 5

enforcement’’; or 6

(B)(i) as of the date of enactment of this 7

Act, is licensed by a State that has entered into 8

an agreement with the Commission under section 9

274 b. of the Atomic Energy Act of 1954 (42 10

U.S.C. 2021(b)); 11


(iii) is not the subject of an enforcement ac-13

tion that— 14

(I) was taken— 15


an applicable State requirement that is 17

compatible with the regulations of the 18

Commission in part 40 of title 10, 19



(bb) during the 1-year period end-22

ing on the date on which the uranium 23

is acquired for the Uranium Reserve; 24

and 25


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(II) was subject to further administra-1

tive actions, further orders, or the equiva-2

lent of further administrative actions or or-3

ders that, alone or in combination, are 4

equivalent to an enforcement action of the 5

Commission that would be characterized as 6

‘‘escalated enforcement’’ by the Commission, 7

as described in subparagraph (A)(iii)(II). 8

(3) REQUIREMENT.— 9

(A) IN GENERAL.—Except as provided in 10

subparagraph (B), with respect to any uranium 11

ore acquired by a facility described in paragraph 12

(2) that has been mined, the Secretary may ac-13

quire for the Uranium Reserve only uranium ex-14

tracted from a conventional mine that is not lo-15

cated on— 16

(i) Tribal land; 17

(ii) land located within the outer 18

boundaries of the parcels of land described 19

in Public Land Order 7787 (77 Fed. Reg. 20

2563 (January 18, 2012)); or 21

(iii) Federal land that, as of October 1, 22

2020, is permanently withdrawn from loca-23

tion and entry under sections 2319 through 24

2344 of the Revised Statutes (commonly 25


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known as the ‘‘Mining Law of 1872’’) (30 1

U.S.C. 22 et seq.). 2

(B) REMOVAL AND REMEDIAL ACTIONS.— 3

The Secretary may acquire for the Uranium Re-4

serve uranium recovered from material obtained 5

as a result of removal or remedial actions car-6

ried out on abandoned mine land located on 7

Tribal land. 8

(f) REQUEST FOR INFORMATION.—Not later than 90 9

days after the date of enactment of this Act, the Secretary 10

shall publish a request for information to help the Secretary 11

evaluate— 12

(1) options for the operation and management of 13

the Uranium Reserve; 14

(2) contractual mechanisms pursuant to which 15

the Secretary could acquire uranium; and 16

(3) the quantities, form, transportation, and 17

storage of uranium in the Uranium Reserve. 18

(g) BUDGET REQUEST.—For each fiscal year begin-19

ning after the date of enactment of this Act, the Secretary 20

shall include in the budget justification submitted to Con-21

gress pursuant to section 1105 of title 31, United States 22

Code— 23


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(1) a request for amounts for the acquisition, 1

transportation, and storage of uranium in the Ura-2

nium Reserve; or 3

(2) an explanation of why amounts are not re-4

quested for the acquisition, transportation, or storage 5

of uranium in the Uranium Reserve. 6

SEC. 403. REPORT ON ADVANCED METHODS OF MANUFAC-7

TURING AND CONSTRUCTION FOR NUCLEAR 8

ENERGY APPLICATIONS. 9


date of enactment of this Act, the Commission shall submit 11

to the appropriate committees of Congress a report (referred 12

to in this subsection as the ‘‘report’’) on manufacturing and 13

construction for nuclear energy applications. 14





(3) National Laboratories; 19

(4) institutions of higher education; 20

(5) nuclear and manufacturing technology devel-21

opers; 22

(6) the manufacturing and construction indus-23

tries; 24

(7) standards development organizations; 25


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(8) labor unions; 1



(c) CONTENTS.— 4

(1) IN GENERAL.—The report shall— 5

(A) examine any unique licensing issues or 6

requirements relating to the use of innovative— 7

(i) advanced manufacturing processes; 8

and 9

(ii) advanced construction techniques; 10

(B) examine— 11

(i) the requirements for nuclear-grade 12

components in manufacturing and construc-13

tion for nuclear energy applications; 14

(ii) opportunities to use standard ma-15

terials, parts, or components in manufac-16

turing and construction for nuclear energy 17

applications; and 18

(iii) opportunities to use standard ma-19

terials that are in compliance with existing 20

codes to provide acceptable approaches to 21

support or encapsulate new materials that 22

do not yet have applicable codes; 23

(C) identify any safety aspects of innovative 24

advanced manufacturing processes and advanced 25


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construction techniques that are not addressed by 1

existing codes and standards, so that generic 2

guidance may be updated or created, as nec-3

essary; 4

(D) identify options for addressing the 5

issues, requirements, and opportunities examined 6

under subparagraphs (A) and (B)— 7


framework; or 9

(ii) through a new rulemaking; and 10

(E) describe the extent to which Commission 11

action is needed to implement any matter de-12

scribed in the report. 13



proposed budgets, and proposed timeframes for imple-16

menting risk-informed and performance-based regu-17

latory guidance for manufacturing and construction 18

for nuclear energy applications. 19

TITLE V—MISCELLANEOUS 20

SEC. 501. NUCLEAR ENERGY WORKFORCE DEVELOPMENT. 21

Section 313 of division C of the Omnibus Appropria-22

tions Act, 2009 (42 U.S.C. 16274a) is amended— 23

(1) in subsection (b), in the matter preceding 24

paragraph (1), by striking ‘‘in each of fiscal years 25


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2009 to 2019’’ and inserting ‘‘for each of fiscal years 1

2021 through 2030,’’; and 2

(2) by adding at the end the following: 3

‘‘(d) NUCLEAR ENERGY TRAINEESHIP SUBPRO-4

GRAM.— 5

‘‘(1) DEFINITIONS.—In this subsection: 6

‘‘(A) COMMISSION.—The term ‘Commission’ 7


‘‘(B) INSTITUTION OF HIGHER EDU-9

CATION.—The term ‘institution of higher edu-10

cation’ has the meaning given the term in sec-11

tion 101(a) of the Higher Education Act of 1965 12

(20 U.S.C. 1001(a)). 13

‘‘(C) NATIONAL LABORATORY.—The term 14

‘National Laboratory’ has the meaning given the 15

term in section 2 of the Energy Policy Act of 16

2005 (42 U.S.C 15801). 17

‘‘(2) ESTABLISHMENT.—The Commission shall 18

establish, as a subprogram of the Integrated Univer-19

sity Program established under this section, a work-20

force development subprogram under which the Com-21

mission, in coordination with institutions of higher 22

education and trade schools, shall competitively 23

award traineeships that provide focused training to 24


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meet critical mission needs of the Commission and 1

nuclear workforce needs, including needs relating to— 2

‘‘(A) nuclear criticality safety; and 3

‘‘(B) the nuclear tradecraft workforce. 4

‘‘(3) REQUIREMENTS.—In carrying out the 5

workforce development program described in para-6

graph (2), the Commission shall— 7

‘‘(A) coordinate with the Secretary to 8

prioritize the funding of traineeships that focus 9

on— 10

‘‘(i) nuclear workforce needs; and 11

‘‘(ii) critical mission needs of the Com-12

mission; 13

‘‘(B) encourage appropriate partnerships 14

among— 15

‘‘(i) National Laboratories; 16

‘‘(ii) institutions of higher education; 17

‘‘(iii) trade schools; and 18

‘‘(iv) the nuclear energy industry; and 19

‘‘(C) on an annual basis, evaluate nuclear 20

workforce needs for the purpose of implementing 21

traineeships in focused topical areas that— 22

‘‘(i) address the workforce needs of that 23

community; and 24


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‘‘(ii) support critical mission needs of 1

the Commission.’’. 2

SEC. 502. ANNUAL REPORT ON THE SPENT NUCLEAR FUEL 3

AND HIGH-LEVEL RADIOACTIVE WASTE IN-4

VENTORY IN THE UNITED STATES. 5


(1) HIGH-LEVEL RADIOACTIVE WASTE.—The 7

term ‘‘high-level radioactive waste’’ has the meaning 8

given the term in section 2 of the Nuclear Waste Pol-9

icy Act of 1982 (42 U.S.C. 10101). 10

(2) SPENT NUCLEAR FUEL.—The term ‘‘spent 11

nuclear fuel’’ has the meaning given the term in sec-12

tion 2 of the Nuclear Waste Policy Act of 1982 (42 13

U.S.C. 10101). 14

(3) STANDARD CONTRACT.—The term ‘‘standard 15

contract’’ has the meaning given the term ‘‘contract’’ 16

in section 961.3 of title 10, Code of Federal Regula-17

tions (or a successor regulation). 18

(b) REPORT.—Not later than January 1, 2022, and 19

annually thereafter, the Secretary shall submit to Congress 20

a report that describes— 21

(1) the annual and cumulative amount of pay-22

ments made by the United States to the holder of a 23

standard contract due to a partial breach of contract 24

under the Nuclear Waste Policy Act of 1982 (42 25


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U.S.C. 10101 et seq.) resulting in financial damages 1

to the holder; 2

(2) the amount spent by the Department to re-3

duce future payments projected to be made by the 4

United States to any holder of a standard contract 5

due to a partial breach of contract under the Nuclear 6

Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.); 7

(3) the cumulative amount spent by the Depart-8

ment to store, manage, and dispose of spent nuclear 9

fuel and high-level radioactive waste in the United 10

States as of the date of the report; 11

(4) the projected lifecycle costs to store, manage, 12

transport, and dispose of the projected inventory of 13

spent nuclear fuel and high-level radioactive waste in 14

the United States, including spent nuclear fuel and 15

high-level radioactive waste expected to be generated 16

from existing reactors through 2050; 17

(5) any mechanisms for better accounting of li-18

abilities for the lifecycle costs of the spent nuclear fuel 19

and high-level radioactive waste inventory in the 20

United States; and 21

(6) any recommendations for improving the 22

methods used by the Department for the accounting of 23

spent nuclear fuel and high-level radioactive waste 24

costs and liabilities. 25


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SEC. 503. AUTHORIZATION OF APPROPRIATIONS FOR 1

SUPERFUND ACTIONS AT ABANDONED MIN-2

ING SITES ON TRIBAL LAND. 3


(1) ELIGIBLE NON-NPL SITE.—The term ‘‘eligi-5

ble non-NPL site’’ means a site that— 6

(A) is not on the National Priorities List; 7

but 8

(B) the Administrator determines would be 9

eligible for listing on the National Priorities List 10

based on the presence of hazards from contami-11

nation at the site, applying the hazard ranking 12

system described in section 105(c) of the Com-13

prehensive Environmental Response, Compensa-14

tion, and Liability Act of 1980 (42 U.S.C. 15

9605(c)). 16

(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 17

has the meaning given the term ‘‘Indian tribe’’ in sec-18

tion 101 of the Comprehensive Environmental Re-19

sponse, Compensation, and Liability Act of 1980 (42 20

U.S.C. 9601). 21

(3) NATIONAL PRIORITIES LIST.—The term ‘‘Na-22

tional Priorities List’’ means the National Priorities 23

List developed by the President in accordance with 24

section 105(a)(8)(B) of the Comprehensive Environ-25


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mental Response, Compensation, and Liability Act of 1

1980 (42 U.S.C. 9605(a)(8)(B)). 2

(b) AUTHORIZATION OF APPROPRIATIONS.—There are 3

authorized to be appropriated for each of fiscal years 2021 4

through 2030, to remain available until expended— 5

(1) $97,000,000 to the Administrator to carry 6

out this section (except for subsection (d)); and 7

(2) $3,000,000 to the Administrator of the Agen-8

cy for Toxic Substances and Disease Registry to carry 9

out subsection (d). 10

(c) USES OF AMOUNTS.—Amounts appropriated under 11

subsection (b)(1) shall be used by the Administrator— 12

(1) to carry out removal actions on abandoned 13

mine land located on Tribal land; 14

(2) to carry out remedial actions on abandoned 15

mine land located on Tribal land at— 16

(A) eligible non-NPL sites; and 17

(B) sites listed on the National Priorities 18

List; and 19

(3) to make grants under subsection (e). 20

(d) HEALTH ASSESSMENTS.—Subject to the avail-21

ability of appropriations, the Agency for Toxic Substances 22

and Disease Registry, in coordination with Tribal health 23

authorities, shall perform 1 or more health assessments at 24

each eligible non-NPL site that is located on Tribal land. 25


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(e) GRANTS FOR TECHNICAL ASSISTANCE.— 1

(1) IN GENERAL.—The Administrator may use 2

amounts appropriated under subsection (b)(1) to 3

make grants to Indian Tribes on whose land is lo-4

cated an eligible non-NPL site. 5

(2) USE OF GRANT FUNDS.—A grant under 6

paragraph (1) shall be used in accordance with the 7

second sentence of section 117(e)(1) of the Comprehen-8

sive Environmental Response, Compensation, and Li-9

ability Act of 1980 (42 U.S.C. 9617(e)(1)). 10

(3) LIMITATIONS.—A grant under paragraph (1) 11

shall be governed by the rules, procedures, and limita-12

tions described in section 117(e)(2) of the Comprehen-13

sive Environmental Response, Compensation, and Li-14

ability Act of 1980 (42 U.S.C. 9617(e)(2)), except 15

that— 16

(A) ‘‘Administrator of the Environmental 17

Protection Agency’’ shall be substituted for 18

‘‘President’’ each place it appears in that sec-19

tion; and 20

(B) in the first sentence of that section, 21

‘‘under section 503 of the American Nuclear In-22

frastructure Act of 2020’’ shall be substituted for 23

‘‘under this subsection’’. 24


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(f) STATUTE OF LIMITATIONS.—If a remedial action 1

described in subsection (c)(2) is scheduled at an eligible 2

non-NPL site, no action may be commenced for damages 3

(as defined in section 101 of the Comprehensive Environ-4

mental Response, Compensation, and Liability Act of 1980 5

(42 U.S.C. 9601)) with respect to that eligible non-NPL site 6

unless the action is commenced within the timeframe pro-7

vided for such actions with respect to facilities on the Na-8

tional Priorities List in the first sentence of the matter fol-9

lowing subparagraph (B) of section 113(g)(1) of that Act 10

(42 U.S.C. 9613(g)(1)). 11

(g) COORDINATION.—The Administrator shall coordi-12

nate with the Indian Tribe on whose land the applicable 13

site is located in— 14

(1) selecting and prioritizing sites for removal 15

actions and remedial actions under paragraphs (1) 16

and (2) of subsection (c); and 17

(2) carrying out those removal actions and reme-18

dial actions. 19

SEC. 504. NUCLEAR CLOSURE COMMUNITIES. 20


(1) COMMUNITY ADVISORY BOARD.—The term 22

‘‘community advisory board’’ means a community 23

committee or other advisory organization that aims to 24

foster communication and information exchange be-25


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tween a licensee planning for and involved in decom-1

missioning activities and members of the community 2

that decommissioning activities may affect. 3

(2) DECOMMISSION.—The term ‘‘decommission’’ 4

has the meaning given the term in section 50.2 of title 5

10, Code of Federal Regulations (or successor regula-6

tions). 7

(3) ELIGIBLE RECIPIENT.—The term ‘‘eligible re-8

cipient’’ has the meaning given the term in section 3 9

of the Public Works and Economic Development Act 10

of 1965 (42 U.S.C. 3122). 11

(4) LICENSEE.—The term ‘‘licensee’’ has the 12

meaning given the term in section 50.2 of title 10, 13

Code of Federal Regulations (or successor regula-14

tions). 15

(5) NUCLEAR CLOSURE COMMUNITY.—The term 16

‘‘nuclear closure community’’ means a unit of local 17

government, including a county, city, town, village, 18

school district, or special district that has been im-19

pacted, or reasonably demonstrates to the satisfaction 20

of the Secretary, that it will be impacted, by a nu-21

clear power plant licensed by the Commission that 22

has ceased operation or has provided a written notifi-23

cation to the Commission that it will cease operations 24

as of the date of enactment of this Act. 25


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(6) SECRETARY.—The term ‘‘Secretary’’ means 1

the Secretary of Commerce, acting through the Assist-2

ant Secretary of Commerce for Economic Develop-3

ment. 4

(b) ESTABLISHMENT.—Not later than 180 days after 5

the date of enactment of this Act, the Secretary shall estab-6

lish a grant program to provide grants to eligible recipi-7

ents— 8

(1) to assist with economic development in nu-9

clear closure communities; and 10

(2) to fund community advisory boards in nu-11

clear closure communities. 12

(c) REQUIREMENT.—In carrying out this section, to 13

the maximum extent practicable, the Secretary shall imple-14

ment the recommendations described in the report sub-15

mitted to Congress under section 108 of the Nuclear Energy 16

Innovation and Modernization Act (Public Law 115–439; 17

132 Stat. 5577) entitled ‘‘Best Practices for Establishment 18

and Operation of Local Community Advisory Boards Asso-19

ciated with Decommissioning Activities at Nuclear Power 20

Plants’’. 21

(d) DISTRIBUTION OF FUNDS.—The Secretary shall es-22

tablish a formula to ensure, to the maximum extent prac-23

ticable, geographic diversity among grant recipients under 24

this section. 25


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(e) AUTHORIZATION OF APPROPRIATIONS.— 1

(1) IN GENERAL.—There are authorized to be ap-2

propriated to the Secretary— 3

(A) to carry out subsection (b)(1), 4

$30,000,000 for each of fiscal years 2021 through 5

2026; and 6

(B) to carry out subsection (b)(2), 7

$5,000,000 for each of fiscal years 2021 through 8

2023. 9

(2) AVAILABILITY.—Amounts made available 10

under this section shall remain available for a period 11

of 5 years beginning on the date on which the 12

amounts are made available. 13

(3) NO OFFSET.—None of the funds made avail-14

able under this section may be used to offset the fund-15

ing for any other Federal program. 16

SEC. 505. REPORT ON CORPORATE SUPPORT. 17

Not later than 180 days after the date of enactment 18

of this Act, the Commission shall submit to the appropriate 19

committees of Congress and make publicly available a re-20

port that describes— 21

(1) the progress on the implementation of section 22

102(a)(3) of the Nuclear Energy Innovation and Mod-23

ernization Act (42 U.S.C. 2215(a)(3)); and 24


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(2) whether the Commission is meeting and is 1

expected to meet the total budget authority caps re-2

quired for corporate support under that section. 3

SEC. 506. TECHNICAL CORRECTION. 4

Section 104 c. of the Atomic Energy Act of 1954 (42 5

U.S.C. 2134(c)) is amended— 6

(1) by striking the third sentence and inserting 7

the following: 8

‘‘(3) LIMITATION ON UTILIZATION FACILITIES.— 9

The Commission may issue a license under this sec-10

tion for a utilization facility useful in the conduct of 11

research and development activities of the types speci-12

fied in section 31 if— 13

‘‘(A) not more than 75 percent of the an-14


ating the facility are devoted to the sale, other 16

than for research and development or education 17

and training, of— 18

‘‘(i) nonenergy services; 19

‘‘(ii) energy; or 20

‘‘(iii) a combination of nonenergy serv-21

ices and energy; and 22

‘‘(B) not more than 50 percent of the an-23



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120

•S 4897 RS

ating the facility are devoted to the sale of en-1

ergy.’’; 2

(2) in the second sentence, by striking ‘‘The 3

Commission’’ and inserting the following: 4

‘‘(2) REGULATION.—The Commission’’; and 5

(3) by striking ‘‘c. The Commission’’ and insert-6

ing the following: 7

‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 8

‘‘(1) IN GENERAL.—Subject to paragraphs (2) 9

and (3), the Commission’’. 10


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Calendar N

o. 598

11

6T

HC

ON

GR

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SE

SS

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S. 4897

A B

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nu

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rposes.

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02

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Rep

orted

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ent


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Documents

Calendar No. 598 TH D CONGRESS SESSION S. 4897...3 •S 4897 RS 1 SEC. 2. DEFINITIONS. 2 In this Act: 3 (1) ACCIDENT TOLERANT FUEL.—The term 4 ‘‘accident tolerant fuel’’