II 

116TH CONGRESS 

2D SESSION S. 4890 

To amend the Atomic Energy Act of 1954 to provide for consultation with 

State, Tribal, and local governments, the consideration of State, Tribal, 

and local concerns, and the approval of post-shutdown decommissioning 

activities reports by the Nuclear Regulatory Commission. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2020 

Mr. SANDERS introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend the Atomic Energy Act of 1954 to provide for 

consultation with State, Tribal, and local governments, 

the consideration of State, Tribal, and local concerns, 

and the approval of post-shutdown decommissioning activities reports by the Nuclear Regulatory Commission. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Plant Decom5 missioning Act of 2020’’. 


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1 SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES 

2 REPORTS. 

3 (a) IN GENERAL.—Chapter 10 of title I of the Atomic 

4 Energy Act of 1954 (42 U.S.C. 2131 et seq.) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVI7 TIES REPORTS. 

8 ‘‘a. DEFINITIONS.—In this section: 

9 ‘‘(1) AFFECTED STATE.—The term ‘affected 

10 State’ means— 

11 ‘‘(A) the host State of a covered facility; 

12 and 

13 ‘‘(B) each State located within 50 miles of 

14 a covered facility. 

15 ‘‘(2) COMMISSION.—The term ‘Commission’ 

16 means the Nuclear Regulatory Commission. 

17 ‘‘(3) COVERED FACILITY.—The term ‘covered 

18 facility’ means a facility of a licensee for which a 

19 PSDAR is required. 

20 ‘‘(4) COVERED MATERIAL.—The term ‘covered 

21 material’ means— 

22 ‘‘(A) high-level radioactive waste; 

23 ‘‘(B) spent nuclear fuel; 

24 ‘‘(C) transuranic waste; 

25 ‘‘(D) byproduct material that meets the re26 quirements of section 11 e. (2); and 


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1 ‘‘(E) any other nuclear or radioactive 

2 waste or material for which the Commission de3 termines that a material change by the licensee 

4 in the manner of handling, storing, or disposing 

5 of that waste or material should be preceded by 

6 consultation under subsection b. 

7 ‘‘(5) COVERED PSDAR.—The term ‘covered 

8 PSDAR’ means— 

9 ‘‘(A) the initial PSDAR for a covered facil10 ity; and 

11 ‘‘(B) any subsequent PSDAR for a covered 

12 facility in which the licensee proposes, as deter13 mined by the Commission— 

14 ‘‘(i) a significant update to the decom15 missioning strategy; or 

16 ‘‘(ii) a material change in the manner 

17 in which covered material is handled, 

18 stored, or disposed of. 

19 ‘‘(6) HOST STATE.—The term ‘host State’ 

20 means the State in which a covered facility is lo21 cated. 

22 ‘‘(7) LICENSE; LICENSEE.—The terms ‘license’ 

23 and ‘licensee’ have the meanings given the terms in 

24 section 50.2 of title 10, Code of Federal Regulations 

25 (or successor regulations). 


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1 ‘‘(8) PSDAR.—The term ‘PSDAR’ means a 

2 post-shutdown decommissioning activities report 

3 submitted to the Commission and affected States 

4 under section 50.82(a)(4)(i) of title 10, Code of Fed5 eral Regulations (or successor regulations). 

6 ‘‘(9) TRANSFEREE.—The term ‘transferee’ 

7 means an entity to which a licensee proposes to 

8 transfer a license for a covered facility. 

9 ‘‘(10) TRIBAL GOVERNMENT.—The term ‘Tribal 

10 government’ means the governing body of an Indian 

11 tribe (as defined in section 4 of the Indian Self-De12 termination and Education Assistance Act (25 

13 U.S.C. 5304)). 

14 ‘‘b. CONSULTATION REQUIRED.—Notwithstanding 

15 any other provision of law (including regulations), a li16 censee may not submit to the Commission a proposed cov17 ered PSDAR, or transfer to another entity the license, for 

18 a covered facility until the licensee and the transferee, if 

19 applicable, conduct consultation regarding the develop20 ment of the proposed covered PSDAR or the proposed li21 cense transfer, as applicable, with— 

22 ‘‘(1) each affected State; and 

23 ‘‘(2) each unit of State government or Tribal 

24 government that— 

25 ‘‘(A) is located in an affected State; and 


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1 ‘‘(B) has jurisdiction over land located 

2 within 50 miles of the covered facility. 

3 ‘‘c. SUBMISSION TO COMMISSION; PUBLIC AVAIL4 ABILITY.— 

5 ‘‘(1) IN GENERAL.—After carrying out the con6 sultation required under subsection b. with respect 

7 to a proposed covered PSDAR or transfer of a li8 cense for a covered facility, the licensee shall— 

9 ‘‘(A) submit to the Commission, as appli10 cable— 

11 ‘‘(i) the proposed covered PSDAR; or 

12 ‘‘(ii) an application for transfer of a 

13 license; and 

14 ‘‘(B) subject to paragraph (3), make the 

15 proposed covered PSDAR or application for 

16 transfer of a license, as applicable, available to 

17 the public. 

18 ‘‘(2) PUBLIC AVAILABILITY.—On receipt of a 

19 proposed covered PSDAR or application for transfer 

20 of a license under paragraph (1)(A), the Commission 

21 shall, subject to paragraph (3), make the proposed 

22 covered PSDAR or application for transfer of a li23 cense, as applicable, available to the public. 

24 ‘‘(3) EXCLUSION OF CERTAIN INFORMATION.— 

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1 tion for transfer of a license, as applicable, available 

2 to the public under paragraph (1)(B) or (2), the 

3 Commission or the licensee, as applicable, may re4 dact such information as the Commission or the li5 censee, as applicable, determines to be necessary to 

6 protect— 

7 ‘‘(A) trade secrets and commercial or fi8 nancial information under section 552(b)(4) of 

9 title 5, United States Code; or 

10 ‘‘(B) national security. 

11 ‘‘d. PUBLIC PARTICIPATION.—For a period of not 

12 less than 90 days beginning on the date on which a li13 censee submits a proposed covered PSDAR to the Com14 mission under subsection c. (1)(A) or the date on which 

15 the Commission dockets an application for transfer of a 

16 license under section 2.101 of title 10, Code of Federal 

17 Regulations (or successor regulations), as applicable, the 

18 Commission shall solicit in the host State public comments 

19 regarding the proposed covered PSDAR or notice of pro20 posed license transfer, including through— 

21 ‘‘(1) the solicitation of written comments; and 

22 ‘‘(2) the conduct of not fewer than 2 public 

23 meetings. 

24 ‘‘e. SUPPORT, CONDITIONAL SUPPORT, OR NON25 SUPPORT BY HOST STATE.— 


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

2 after the date of receipt of a proposed covered 

3 PSDAR or the date on which the Commission dock4 ets an application for transfer of a license under sec5 tion 2.101 of title 10, Code of Federal Regulations 

6 (or successor regulations), as applicable, for a cov7 ered facility, the Commission shall notify the host 

8 State of the opportunity to file with the Commission, 

9 by the date that is 60 days after the date on which 

10 the host State receives the notification— 

11 ‘‘(A) a statement of support for the pro12 posed covered PSDAR or license transfer; 

13 ‘‘(B) a statement of conditional support 

14 for the proposed covered PSDAR or license 

15 transfer, together with specific recommenda16 tions for changes that could lead the host State 

17 to support the proposed covered PSDAR or li18 cense transfer; or 

19 ‘‘(C) a statement of nonsupport for the 

20 proposed covered PSDAR or license transfer. 

21 ‘‘(2) STATEMENT OF SUPPORT OR NON22 SUPPORT; FAILURE TO SUBMIT.— 

23 ‘‘(A) IN GENERAL.—If the host State files 

24 with the Commission a statement of support 

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1 support under paragraph (1)(C), or fails to file 

2 a statement with the Commission by the dead3 line specified in paragraph (1), the Commission 

4 shall issue a determination regarding whether 

5 the proposed covered PSDAR is adequate or in6 adequate or a determination regarding whether 

7 to provide consent for the proposed license 

8 transfer, as applicable— 

9 ‘‘(i) based on the considerations de10 scribed in subparagraph (B); and 

11 ‘‘(ii) after taking into consideration— 

12 ‘‘(I) any written comments sub13 mitted by the host State, other af14 fected States, and local communities 

15 with respect to the proposed covered 

16 PSDAR or license transfer; and 

17 ‘‘(II) any input from the public 

18 under subsection d. 

19 ‘‘(B) CONSIDERATIONS.—The Commission 

20 shall consider a proposed covered PSDAR or li21 cense transfer to be adequate under subpara22 graph (A) if the Commission determines that— 

23 ‘‘(i) the proposed covered PSDAR or 

24 license transfer provides for— 


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1 ‘‘(I) the overall protection of 

2 human health and the environment; 

3 and 

4 ‘‘(II) adequate protection to the 

5 health and safety of the public and 

6 the common defense and security; 

7 ‘‘(ii) the licensee (and, if applicable, 

8 the transferee) has a substantial likelihood 

9 of implementing the proposed covered 

10 PSDAR or license transfer within the 

11 timeframe described in the proposed cov12 ered PSDAR or license transfer applica13 tion; 

14 ‘‘(iii) the proposed covered PSDAR or 

15 license transfer is in accordance with appli16 cable law (including regulations); and 

17 ‘‘(iv) the licensee (and, if applicable, 

18 the transferee) has demonstrated that the 

19 licensee has, or will have, the funds re20 quired to fully implement the proposed cov21 ered PSDAR or license transfer within the 

22 timeframe described in the proposed cov23 ered PSDAR or license transfer applica24 tion, based on— 


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1 ‘‘(I) a comprehensive radiological 

2 site assessment and characterization; 

3 and 

4 ‘‘(II) a nonradiological site as5 sessment and characterization con6 ducted by the host State. 

7 ‘‘(C) DETERMINATION OF ADEQUACY.— 

8 Subject to paragraph (4), if the Commission de9 termines that a proposed covered PSDAR or li10 cense transfer is adequate under subparagraphs 

11 (A) and (B), the Commission shall issue a deci12 sion document approving the covered PSDAR 

13 or license transfer. 

14 ‘‘(D) DETERMINATION OF INADEQUACY.— 

15 ‘‘(i) IN GENERAL.—If the Commission 

16 determines that a proposed covered 

17 PSDAR or license transfer is inadequate 

18 under subparagraphs (A) and (B)— 

19 ‘‘(I) the Commission shall issue a 

20 decision document rejecting the pro21 posed covered PSDAR or license 

22 transfer, including a description of the 

23 reasons for the decision, by the appli24 cable deadline under paragraph (4); 

25 and 


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1 ‘‘(II) the licensee may develop 

2 and submit to the Commission a new 

3 proposed covered PSDAR or license 

4 transfer application in accordance 

5 with this section. 

6 ‘‘(ii) CERTAIN COVERED PSDARS.—If 

7 the Commission rejects a proposed covered 

8 PSDAR that is the initial PSDAR for a 

9 covered facility, the licensee shall develop 

10 and submit to the Commission a new pro11 posed covered PSDAR in accordance with 

12 this section not later than 2 years after the 

13 date of cessation of operations at the cov14 ered facility. 

15 ‘‘(3) CONDITIONAL SUPPORT BY HOST

16 STATE.— 

17 ‘‘(A) IN GENERAL.—In any case in which 

18 the host State files with the Commission a 

19 statement of conditional support of a proposed 

20 covered PSDAR or license transfer under para21 graph (1)(B), the Commission shall determine 

22 whether the proposed covered PSDAR or li23 cense transfer is permissible under applicable 

24 law (including regulations). 


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1 ‘‘(B) CHANGES.—Notwithstanding the 

2 adequate protection of public health and safety 

3 or the common defense and security, for each 

4 change recommended by the host State under 

5 paragraph (1)(B), the Commission shall— 

6 ‘‘(i) provide for the inclusion of the 

7 change into the final covered PSDAR or li8 cense transfer, unless the Commission de9 termines the change to be inappropriate 

10 for inclusion, based on clear and con11 vincing evidence that— 

12 ‘‘(I) the change violates applica13 ble law; or 

14 ‘‘(II) the total costs of the 

15 change substantially outweigh the 

16 safety, economic, or environmental 

17 benefits of the change to the host 

18 State; and 

19 ‘‘(ii) if applicable, provide the ration20 ale for each determination of inappropri21 ateness under clause (i). 

22 ‘‘(C) DECISION DOCUMENT.— 

23 ‘‘(i) IN GENERAL.—Subject to para24 graph (4), based on the determinations 

25 made under subparagraphs (A) and (B), 


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1 the Commission shall issue a decision doc2 ument relating to a proposed covered 

3 PSDAR or license transfer that, as appli4 cable— 

5 ‘‘(I) approves the proposed cov6 ered PSDAR or license transfer with 

7 any changes recommended by the host 

8 State that are not determined to be 

9 inappropriate under subparagraph 

10 (B); or 

11 ‘‘(II) rejects the proposed covered 

12 PSDAR or license transfer. 

13 ‘‘(ii) APPLICABLE LAW.—A decision 

14 document issued under clause (i) or sub15 paragraph (C) or (D)(i) of paragraph (2) 

16 shall be considered to be a final order en17 tered in a proceeding under section 189 a. 

18 ‘‘(D) TREATMENT ON APPROVAL.—On ap19 proval by the Commission of a proposed covered 

20 PSDAR or license transfer under subparagraph 

21 (C)(i)(I) or paragraph (2)(C)— 

22 ‘‘(i) the covered PSDAR or approval 

23 of the license transfer by the Commission 

24 shall be final; and 


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1 ‘‘(ii) the licensee may begin implemen2 tation of the covered PSDAR. 

3 ‘‘(E) REJECTION.— 

4 ‘‘(i) IN GENERAL.—If the Commission 

5 rejects a proposed covered PSDAR or li6 cense transfer under subparagraph 

7 (C)(i)(II), the licensee may develop and 

8 submit to the Commission a new proposed 

9 covered PSDAR or license transfer appli10 cation in accordance with this section. 

11 ‘‘(ii) CERTAIN COVERED PSDARS.—If 

12 the Commission rejects a proposed covered 

13 PSDAR that is the initial PSDAR for a 

14 covered facility, the licensee shall develop 

15 and submit to the Commission a new pro16 posed covered PSDAR in accordance with 

17 this section not later than 2 years after the 

18 date of cessation of operations at the cov19 ered facility. 

20 ‘‘(4) DEADLINE FOR DECISION DOCUMENT.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graphs (B) and (C), the Commission shall issue 

23 a decision document relating to a proposed cov24 ered PSDAR or license transfer under subpara25 graph (C) or (D)(i)(I) of paragraph (2) or 


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1 paragraph (3)(C)(i) by not later than 1 year 

2 after the date on which the proposed covered 

3 PSDAR or an application for transfer of a li4 cense, as applicable, is submitted to the Com5 mission under subsection c. (1)(A). 

6 ‘‘(B) PROPOSED INTERMEDIATE LICENSE

7 TRANSFERS.— 

8 ‘‘(i) DEFINITION OF PROPOSED IN9 TERMEDIATE LICENSE TRANSFER.—In this 

10 subparagraph, the term ‘proposed inter11 mediate license transfer’ means a proposed 

12 transfer of license— 

13 ‘‘(I) for a covered facility on be14 half of which a proposed covered 

15 PSDAR has been submitted by the li16 censee to the Commission under sub17 section c. (1)(A)(i); and 

18 ‘‘(II) the notice of which is sub19 mitted to the Commission under sub20 section c. (1)(A)(ii) before the applica21 ble deadline under subparagraph (A) 

22 for the issuance by the Commission of 

23 a decision document relating to the 

24 proposed covered PSDAR described in 

25 subclause (I). 


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1 ‘‘(ii) DEADLINE.—Subject to subpara2 graph (C), in any case in which a licensee 

3 submits to the Commission a notice of a 

4 proposed intermediate license transfer of a 

5 covered facility, the Commission shall issue 

6 a decision document relating to the pro7 posed covered PSDAR of the covered facil8 ity by not later than 1 year after the date 

9 of receipt of the application for transfer of 

10 a license. 

11 ‘‘(C) EXTENSION.—If there are unforeseen 

12 circumstances, including unexpected technical 

13 issues, site-specific characteristics, or other ex14 ternal factors that could affect the ability of the 

15 Commission to issue a decision document by a 

16 deadline specified in subparagraph (A) or 

17 (B)(ii), the Commission may extend the applica18 ble deadline for a reasonable period of time, as 

19 determined by the Commission. 

20 ‘‘f. ADDITIONAL REQUIREMENTS.— 

21 ‘‘(1) ACTION BY TRANSFEREES.—On transfer 

22 of a license for a covered facility by a licensee to a 

23 transferee in accordance with this section, the trans24 feree shall conduct consultation in accordance with 

25 subsection b. with respect to each proposed covered 


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1 PSDAR developed by the transferee for the covered 

2 facility. 

3 ‘‘(2) STATE ENVIRONMENTAL LAW COMPLI4 ANCE.—Notwithstanding any other provision of this 

5 section, the Commission shall not approve a pro6 posed covered PSDAR or license transfer under this 

7 section unless the proposed covered PSDAR or li8 cense transfer for a covered facility includes a re9 quirement that the licensee and the transferee, if ap10 plicable, shall comply with applicable State law relat11 ing to air, water, or soil quality or radiological 

12 standards with respect to the implementation of the 

13 proposed covered PSDAR or license transfer in any 

14 case in which the applicable State law is more re15 strictive than an applicable Federal law. 

16 ‘‘g. APPLICATION TO EXISTING DECOMMISSIONING

17 ACTIVITIES.— 

18 ‘‘(1) IN GENERAL.—The Commission shall no19 tify— 

20 ‘‘(A) each licensee or transferee, if applica21 ble, of the opportunity to develop and submit to 

22 the Commission for approval a revised covered 

23 PSDAR for any covered facility of the licensee 

24 for which, as of the date of enactment of this 

25 section— 


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1 ‘‘(i) decontamination and dismantle2 ment activities described in an existing 

3 covered PSDAR have not commenced at 

4 the covered facility; or 

5 ‘‘(ii) decontamination and dismantle6 ment activities described in an existing 

7 covered PSDAR have been commenced at 

8 the covered facility for a period of less 

9 than 5 years; and 

10 ‘‘(B) each affected State with respect to a 

11 covered facility described in subparagraph (A) 

12 of the opportunity to consult with a licensee or 

13 transferee described in that subparagraph in 

14 accordance with subsection b. 

15 ‘‘(2) PROCESS.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 paragraphs (3) and (4), if a licensee or trans18 feree described in paragraph (1)(A) elects to 

19 submit to the Commission a revised covered 

20 PSDAR under that paragraph, the process for 

21 consideration and approval of the revised cov22 ered PSDAR shall be carried out in accordance 

23 with— 

24 ‘‘(i) the process for consideration and 

25 approval of a proposed covered PSDAR for 


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1 a covered facility under subsections b., c., 

2 d., and f.; and 

3 ‘‘(ii) the process for support, condi4 tional support, or nonsupport by the host 

5 State under subsection e. 

6 ‘‘(B) NONSELECTION.—If a licensee or 

7 transferee described in paragraph (1)(A) elects 

8 not to revise an existing covered PSDAR under 

9 that paragraph, the host State may file a state10 ment of support, conditional support, or non11 support for the existing covered PSDAR in ac12 cordance with the process for support, condi13 tional support, or nonsupport by a host State 

14 under subsection e. 

15 ‘‘(3) DECISION DOCUMENT.—A decision docu16 ment for a revised covered PSDAR submitted under 

17 paragraph (1)(A), or for an existing covered PSDAR 

18 in any case in which the licensee or transferee elects 

19 not to revise the existing covered PSDAR, shall be 

20 issued in accordance with subparagraph (C) or 

21 (D)(i)(I) of subsection e. (2) or subsection e. (3)(C), 

22 as applicable, except that the Commission shall issue 

23 the decision document by the date that is 1 year 

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1 tion and dismantlement activities commence at the 

2 applicable covered facility. 

3 ‘‘(4) REVISION AFTER DETERMINATION OF IN4 ADEQUACY.—If the Commission rejects a revised 

5 covered PSDAR submitted by a licensee or trans6 feree under paragraph (1)(A) in accordance with 

7 subsection e. (2)(D)(i)(I) or subsection e. 

8 (3)(C)(i)(II), the licensee or transferee shall develop 

9 and submit to the Commission a new revised covered 

10 PSDAR in accordance with this subsection by not 

11 later than 2 years after the date of the rejection.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) IN GENERAL.—The Atomic Energy Act of 

14 1954 is amended— 

15 (A) in section 103 (42 U.S.C. 2133)— 

16 (i) in subsection d., in the second sen17 tence, by striking ‘‘any any’’ and inserting 

18 ‘‘any’’; and 

19 (ii) by redesignating subsection f. as 

20 subsection e.; and 

21 (B) in section 111 (42 U.S.C. 2141), by 

22 striking the section designation and all that fol23 lows through ‘‘The Nuclear’’ in subsection a. 

24 and inserting the following: 


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1 ‘‘SEC. 111. LICENSING BY NUCLEAR REGULATORY COMMIS2 SION OF DISTRIBUTION OF CERTAIN MATE3 RIALS BY DEPARTMENT OF ENERGY. 

4 ‘‘a. The Nuclear’’. 

5 (2) TABLE OF CONTENTS.—The table of con6 tents of the Atomic Energy Act of 1954 (68 Stat. 

7 919; 126 Stat. 2216) is amended by striking the 

8 items relating to chapter 10 of title I and inserting 

9 the following: 

‘‘CHAPTER 10. ATOMIC ENERGY LICENSES

‘‘Sec. 101. License required. 

‘‘Sec. 102. Utilization and production facilities for industrial or commercial 

purposes. 

‘‘Sec. 103. Commercial licenses. 

‘‘Sec. 104. Medical therapy and research and development. 

‘‘Sec. 105. Antitrust provisions. 

‘‘Sec. 106. Classes of facilities. 

‘‘Sec. 107. Operators’ licenses. 

‘‘Sec. 108. War or national emergency. 

‘‘Sec. 109. Component and other parts of facilities. 

‘‘Sec. 110. Exclusions. 

‘‘Sec. 111. Licensing by Nuclear Regulatory Commission of distribution of certain materials by Department of Energy. 

‘‘Sec. 112. Domestic medical isotope production. 

‘‘Sec. 113. Post-shutdown decommissioning activities reports.’’. 

10 SEC. 3. GRANT PROGRAMS TO SUPPORT THE ACTIVITIES 

11 OF COMMUNITY ADVISORY BOARDS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) COMMUNITY ADVISORY BOARD.—The term 

14 ‘‘community advisory board’’ means a community 

15 committee or other advisory organization that aims 

16 to foster communication and information exchange 

17 between— 


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1 (A) a licensee planning for and involved in 

2 decommissioning activities; and 

3 (B) members of a community that may be 

4 affected by the decommissioning activities of 

5 that licensee. 

6 (2) COMMISSION.—The term ‘‘Commission’’ 

7 means the Nuclear Regulatory Commission. 

8 (3) DECOMMISSION.—The term ‘‘decommis9 sion’’ has the meaning given the term in section 

10 50.2 of title 10, Code of Federal Regulations (or 

11 successor regulations). 

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

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

14 Code of Federal Regulations (or successor regula15 tions). 

16 (5) SMALL, RURAL, OR DISADVANTAGED COM17 MUNITY.—The term ‘‘small, rural, or disadvantaged 

18 community’’ means a community that— 

19 (A) has a population of fewer than 50,000 

20 individuals; or 

21 (B) is disadvantaged with respect to geo22 graphic, socioeconomic, public health, or envi23 ronmental hazard criteria, as determined by the 

24 Commission. 

25 (b) SHORT-TERM GRANT PROGRAM.— 


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1 (1) DEFINITION OF ELIGIBLE ENTITY.—In this 

2 subsection, the term ‘‘eligible entity’’ means— 

3 (A) a State in which a civilian nuclear 

4 power plant or nuclear power generation unit, 

5 as determined by the Commission, is decommis6 sioned or is in the process of being decommis7 sioned during the 3-year period beginning on 

8 the date of enactment of this Act; and 

9 (B) an Indian Tribe the land of which con10 tains a civilian nuclear power plant or nuclear 

11 power generation unit, as determined by the 

12 Commission, that is decommissioned or is in the 

13 process of being decommissioned during the 3- 

14 year period beginning on the date of enactment 

15 of this Act. 

16 (2) ESTABLISHMENT.—Not later than 180 days 

17 after the date of enactment of this Act, the Commis18 sion shall establish a grant program under which the 

19 Commission shall award grants to eligible entities to 

20 support the activities of community advisory boards. 

21 (3) APPLICATIONS.—An eligible entity desiring 

22 a grant under this subsection shall submit to the 

23 Commission an application at such time, in such 

24 manner, and containing such information as the 

25 Commission may require. 


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1 (4) USE OF FUNDS.— 

2 (A) AWARDING OF SUBGRANTS.—An eligi3 ble entity shall use a grant awarded under this 

4 subsection to make subgrants to community ad5 visory boards for use in accordance with sub6 paragraph (B). 

7 (B) USE OF SUBGRANTS.—A community 

8 advisory board may use a subgrant awarded 

9 under subparagraph (A)— 

10 (i) to hire or consult with experts; 

11 (ii) for administrative costs; 

12 (iii) to cover travel expenses; 

13 (iv) for website and social media 

14 maintenance; 

15 (v) for the preparation of annual re16 ports and other communications; 

17 (vi) to contract for services; 

18 (vii) to reimburse volunteers; and 

19 (viii) to cover other reasonable and 

20 necessary expenses of the community advi21 sory board, as determined to be appro22 priate by the Commission. 

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1 imum extent practicable, geographic diversity among 

2 grant recipients under this subsection. 

3 (6) REQUIREMENT.—In carrying out this sub4 section, the Commission, to the maximum extent 

5 practicable, shall implement the recommendations 

6 described in the report submitted to Congress under 

7 section 108 of the Nuclear Energy Innovation and 

8 Modernization Act (Public Law 115–439; 132 Stat. 

9 5577) entitled ‘‘Best Practices for Establishment 

10 and Operation of Local Community Advisory Boards 

11 Associated with Decommissioning Activities at Nu12 clear Power Plants’’. 

13 (7) COST SHARING.—Notwithstanding any 

14 other provision of law, with respect to a subgrant 

15 awarded under this subsection, neither the Commis16 sion nor an eligible entity may impose a cost-sharing 

17 requirement on a community advisory board with re18 spect to— 

19 (A) any activity that is carried out on be20 half of, for the benefit of, or to foster commu21 nication and information exchange with, a 

22 small, rural, or disadvantaged community; or 

23 (B) any activity of the community advisory 

24 board if— 


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1 (i) the applicable nuclear power plant 

2 or nuclear power generation unit is located 

3 in a small, rural, or disadvantaged commu4 nity; or 

5 (ii) a small, rural, or disadvantaged 

6 community may be disproportionately im7 pacted by the applicable decommissioning 

8 activities of the licensee. 

9 (8) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to the Com11 mission to carry out this subsection $12,500,000 for 

12 the period of fiscal years 2021 through 2023, to re13 main available until the date that is 5 years after 

14 the date of enactment of this Act. 

15 (c) LONG-TERM GRANT PROGRAM.— 

16 (1) DEFINITIONS.—In this subsection: 

17 (A) ELIGIBLE ENTITY.—The term ‘‘eligible 

18 entity’’ means— 

19 (i) a State in which a civilian nuclear 

20 power plant or nuclear power generation 

21 unit, as determined by the Commission, is 

22 decommissioned or is in the process of 

23 being decommissioned more than 3 years 

24 after the date of enactment of this Act; 

25 and 


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1 (ii) an Indian Tribe the land of which 

2 contains a civilian nuclear power plant or 

3 nuclear power generation unit, as deter4 mined by the Commission, that is decom5 missioned or is in the process of being de6 commissioned more than 3 years after the 

7 date of enactment of this Act. 

8 (B) FUND.—The term ‘‘Fund’’ means the 

9 Community Advisory Board Fund established 

10 under paragraph (2). 

11 (C) PSDAR.—The term ‘‘PSDAR’’ means 

12 a post-shutdown decommissioning activities re13 port submitted to the Commission and affected 

14 States under section 50.82(a)(4)(i) of title 10, 

15 Code of Federal Regulations (or successor regu16 lations). 

17 (2) COMMUNITY ADVISORY BOARD FUND.— 

18 (A) ESTABLISHMENT.—There is estab19 lished in the Treasury of the United States a 

20 fund, to be known as the ‘‘Community Advisory 

21 Board Fund’’. 

22 (B) DEPOSITS.—Each fiscal year, there 

23 shall be deposited in the Fund an amount equal 

24 to the total amount collected by the CommisVerDate Sep 11 2014 04:33 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4890.IS S4890

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1 sion pursuant to the regulations promulgated 

2 under paragraph (7) for the fiscal year. 

3 (C) USE OF FUND.—Amounts in the Fund 

4 shall be available to the Commission, without 

5 further appropriation or fiscal year limitation, 

6 for making grants under this subsection. 

7 (3) ESTABLISHMENT OF GRANT PROGRAM.— 

8 Not later than 1 year after the date of enactment 

9 of this Act, the Commission shall establish a grant 

10 program under which the Commission shall award 

11 grants to eligible entities to support the activities of 

12 community advisory boards. 

13 (4) APPLICATIONS.—An eligible entity desiring 

14 a grant under this subsection shall submit to the 

15 Commission an application at such time, in such 

16 manner, and containing such information as the 

17 Commission may require. 

18 (5) USE OF FUNDS.— 

19 (A) AWARDING OF SUBGRANTS.—An eligi20 ble entity shall use a grant awarded under this 

21 subsection to make subgrants to community ad22 visory boards for use in accordance with sub23 paragraph (B). 


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1 (B) USE OF SUBGRANTS.—A community 

2 advisory board may use a subgrant awarded 

3 under subparagraph (A)— 

4 (i) to hire or consult with experts; 

5 (ii) for administrative costs; 

6 (iii) to cover travel expenses; 

7 (iv) for website and social media 

8 maintenance; 

9 (v) for the preparation of annual re10 ports and other communications; 

11 (vi) to contract for services; 

12 (vii) to reimburse volunteers; and 

13 (viii) to cover other reasonable and 

14 necessary expenses of the community advi15 sory board, as determined to be appro16 priate by the Commission. 

17 (6) COST SHARING.—Notwithstanding any 

18 other provision of law, with respect to a subgrant 

19 awarded under this subsection, neither the Commis20 sion nor an eligible entity may impose a cost-sharing 

21 requirement on a community advisory board with re22 spect to— 

23 (A) any activity that is carried out on be24 half of, for the benefit of, or to foster commuVerDate Sep 11 2014 04:33 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4890.IS S4890

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1 nication and information exchange with, a 

2 small, rural, or disadvantaged community; or 

3 (B) any activity of the community advisory 

4 board if— 

5 (i) the applicable nuclear power plant 

6 or nuclear power generation unit is located 

7 in a small, rural, or disadvantaged commu8 nity; or 

9 (ii) a small, rural, or disadvantaged 

10 community may be disproportionately im11 pacted by the applicable decommissioning 

12 activities of the licensee. 

13 (7) RULEMAKING.— 

14 (A) IN GENERAL.—Not later than 180 

15 days after the date of enactment of this Act, 

16 the Commission shall promulgate regulations 

17 requiring a licensee submitting to the Commis18 sion a PSDAR relating to the decommissioning 

19 of a nuclear power plant or a nuclear power 

20 generation unit, as determined by the Commis21 sion, for which consultation is required under 

22 section 113 b. of the Atomic Energy Act of 

23 1954 to certify that the licensee has paid to the 

24 Commission for deposit into the Fund— 


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1 (i) in the case of a PSDAR relating to 

2 the decommissioning of 1 or more nuclear 

3 power plants, $500,000 for each of those 

4 power plants; or 

5 (ii) in the case of a PSDAR relating 

6 to the decommissioning of 1 or more nu7 clear power generation units, as deter8 mined by the Commission, $500,000 for 

9 each nuclear power plant in which those 

10 units are located. 

11 (B) REQUIREMENTS.—The regulations 

12 promulgated under subparagraph (A) shall pro13 vide that— 

14 (i) for each subsequent PSDAR relat15 ing to a nuclear power plant for which a 

16 PSDAR was previously submitted relating 

17 to the power plant or any nuclear power 

18 generation unit located in the power 

19 plant— 

20 (I) if consultation is required 

21 under section 113 b. of the Atomic 

22 Energy Act of 1954 with respect to 

23 the subsequent PSDAR or any decom24 missioning activities relating to the 

25 subsequent PSDAR, the licensee subVerDate Sep 11 2014 04:33 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4890.IS S4890

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1 mitting the subsequent PSDAR shall 

2 certify that the licensee has paid to 

3 the Commission for deposit into the 

4 Fund $500,000, which shall be in ad5 dition to any amounts previously paid 

6 to the Commission for deposit into the 

7 Fund relating to any previously sub8 mitted PSDAR; and 

9 (II) if consultation under section 

10 113 b. of the Atomic Energy Act of 

11 1954 is not required with respect to 

12 the subsequent PSDAR or any decom13 missioning activities relating to the 

14 subsequent PSDAR, the licensee sub15 mitting the subsequent PSDAR shall 

16 certify that such consultation is not 

17 required; 

18 (ii) a licensee may pay to the Commis19 sion the amounts described in clause (i) or 

20 (ii) of subparagraph (A) or in subclause (I) 

21 of clause (i) at any time prior to the sub22 mission of a PSDAR relating to those 

23 amounts; and 

24 (iii) with respect to a merchant power 

25 plant, no amounts may be withdrawn from 


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1 the decommissioning trust fund relating to 

2 that merchant power plant for the purpose 

3 of paying to the Commission an amount 

4 described in— 

5 (I) clause (i) or (ii) of subpara6 graph (A); or 

7 (II) subclause (I) of clause (i). 

8 (C) LIMITATION.—A licensee that has paid 

9 to the Commission the amount described in 

10 clause (i) or (ii) of subparagraph (A) with re11 spect to a nuclear power plant shall not be re12 quired to pay that amount with respect to the 

13 same power plant on submission of any subse14 quent PSDAR relating to the decommissioning 

15 of that power plant or any nuclear power gen16 eration unit located in that power plant if con17 sultation is not required with respect to that 

18 PSDAR or any decommissioning activities relat19 ing to that PSDAR under section 113 b. of the 

20 Atomic Energy Act of 1954. 

21 (8) REQUIREMENT.—In carrying out this sub22 section, the Commission, to the maximum extent 

23 practicable, shall implement the recommendations 

24 described in the report submitted to Congress under 

25 section 108 of the Nuclear Energy Innovation and 


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1 Modernization Act (Public Law 115–439; 132 Stat. 

2 5577) entitled ‘‘Best Practices for Establishment 

3 and Operation of Local Community Advisory Boards 

4 Associated with Decommissioning Activities at Nu5 clear Power Plants’’. 

6 SEC. 4. AUTHORIZATION OF APPROPRIATIONS TO ASSIST 

7 NUCLEAR CLOSURE COMMUNITIES. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ADMINISTRATION.—The term ‘‘Administra10 tion’’ means the Economic Development Administra11 tion. 

12 (2) ASSISTANT SECRETARY.—The term ‘‘Assist13 ant Secretary’’ means the Assistant Secretary of 

14 Commerce for Economic Development. 

15 (3) NUCLEAR CLOSURE COMMUNITY.—The 

16 term ‘‘nuclear closure community’’ means a commu17 nity that has been impacted, or reasonably dem18 onstrates to the satisfaction of the Assistant Sec19 retary that it will be impacted, by the closure of a 

20 nuclear power plant. 

21 (4) SMALL, RURAL, OR DISADVANTAGED COM22 MUNITY.—The term ‘‘small, rural, or disadvantaged 

23 community’’ means a community that— 

24 (A) has a population of fewer than 50,000 

25 individuals; or 


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1 (B) is disadvantaged with respect to geo2 graphic, socioeconomic, public health, or envi3 ronmental hazard criteria, as determined by the 

4 Assistant Secretary. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—There is authorized to be 

7 appropriated to the Assistant Secretary to assist in 

8 the economic development of nuclear closure commu9 nities $35,000,000 for each of fiscal years 2021 

10 through 2029. 

11 (2) USE OF FUNDS.—Of any amounts appro12 priated under paragraph (1), the Assistant Secretary 

13 shall use— 

14 (A) 15 percent to provide technical assist15 ance to nuclear closure communities under the 

16 Research and National Technical Assistance 

17 Program of the Administration; and 

18 (B) 85 percent for implementation projects 

19 in nuclear closure communities under the Eco20 nomic Adjustment Assistance Program of the 

21 Administration established under section 209 of 

22 the Public Works and Economic Development 

23 Act of 1965 (42 U.S.C. 3149). 

24 (3) COST SHARING.—Notwithstanding any 

25 other provision of law, with respect to any amounts 


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1 appropriated under paragraph (1), the Assistant 

2 Secretary may not impose a cost-sharing require3 ment with respect to— 

4 (A) any technical assistance described in 

5 paragraph (2)(A) that is provided to a nuclear 

6 closure community that is a small, rural, or dis7 advantaged community; or 

8 (B) any implementation project described 

9 in paragraph (2)(B) in a nuclear closure com10 munity that is a small, rural, or disadvantaged 

11 community. 

12 SEC. 5. FINANCIAL ASSISTANCE FOR COMMUNITIES WITH 

13 STRANDED NUCLEAR WASTE. 

14 (a) DEFINITIONS.—In this section: 

15 (1) AFFECTED COMMUNITY.—The term ‘‘af16 fected community’’ means a unit of local govern17 ment, including a county, city, town, village, school 

18 district, or special district, that contains stranded 

19 nuclear waste within the boundaries of the unit of 

20 local government, as determined by the Secretary. 

21 (2) ELIGIBLE CIVILIAN NUCLEAR POWER

22 PLANT.—The term ‘‘eligible civilian nuclear power 

23 plant’’ means a nuclear power plant that— 

24 (A) has been decommissioned; or 


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1 (B) is in the process of being decommis2 sioned. 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Energy. 

5 (4) STRANDED NUCLEAR WASTE.—The term 

6 ‘‘stranded nuclear waste’’ means nuclear waste or 

7 spent nuclear fuel stored in dry casks or spent fuel 

8 pools at a decommissioned or decommissioning nu9 clear facility. 

10 (b) ESTABLISHMENT.—Not later than 60 days after 

11 the date of enactment of this Act, the Secretary shall es12 tablish and carry out a noncompetitive grant program to 

13 provide financial assistance to units of local government 

14 within the jurisdictional boundary of which an eligible ci15 vilian nuclear power plant is located to offset the economic 

16 and social impacts of stranded nuclear waste in affected 

17 communities. 

18 (c) ELIGIBILITY.—A unit of local government that is 

19 an affected community shall be eligible to receive a grant 

20 under this section for a fiscal year. 

21 (d) AWARDS.— 

22 (1) AMOUNT.—The amount of a grant awarded 

23 under subsection (b) shall be equal to $15 for each 

24 kilogram of spent nuclear fuel stored at the eligible 


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1 civilian nuclear power plant in the affected commu2 nity. 

3 (2) NUMBER AND FREQUENCY.—With respect 

4 to each eligible civilian nuclear power plant, the Sec5 retary may only award 1 grant under subsection (b) 

6 to each eligible unit of local government for each fis7 cal year. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) IN GENERAL.—There are authorized to be 

10 appropriated to the Secretary such sums as are nec11 essary to carry out this section for each of fiscal 

12 years 2020 through 2029. 

13 (2) NO OFFSET.—None of the funds made 

14 available under this subsection may be used to offset 

15 the funding for any other Federal program. 

Æ 


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