II 

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, and Mr. BOOKER) 

introduced the following bill; which was read twice and referred to the 

Committee on Environment and Public Works 

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 energy, and for other purposes. 

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; 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: 


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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 nuclear energy for nonelectric applications. 

Sec. 205. Enabling preparations for the demonstration of advanced nuclear reactors 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 emergency. 

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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ACCIDENT TOLERANT FUEL.—The term 

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

5 term in section 107(a) of the Nuclear Energy InnoVerDate Sep 11 2014 04:36 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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

2 132 Stat. 5577). 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (3) ADVANCED NUCLEAR FUEL.—The term 

7 ‘‘advanced nuclear fuel’’ means— 

8 (A) advanced nuclear reactor fuel (as de9 fined in section 3 of the Nuclear Energy Inno10 vation and Modernization Act (42 U.S.C. 2215 

11 note; Public Law 115–439)); and 

12 (B) accident tolerant fuel. 

13 (4) ADVANCED NUCLEAR REACTOR.—The term 

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

15 the term in section 3 of the Nuclear Energy Innova16 tion and Modernization Act (42 U.S.C. 2215 note; 

17 Public Law 115–439). 

18 (5) APPROPRIATE COMMITTEES OF CON19 GRESS.—The term ‘‘appropriate committees of Con20 gress’’ means— 

21 (A) the Committee on Environment and 

22 Public Works of the Senate; and 

23 (B) the Committee on Energy and Com24 merce of the House of Representatives. 


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

2 the Chairman of the Nuclear Regulatory Commis3 sion. 

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

5 means the Nuclear Regulatory Commission. 

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

7 means the Department of Energy. 

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

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

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

11 successor regulation). 

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

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

14 uranium with an assay greater than 5 weight per15 cent, but less than 20 weight percent, of the ura16 nium-235 isotope. 

17 (11) INSTITUTION OF HIGHER EDUCATION.— 

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

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

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

21 (12) MICRO-REACTOR.—The term ‘‘micro-reac22 tor’’ means an advanced nuclear reactor that has a 

23 power production capacity that is not greater than 

24 20 megawatts. 


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1 (13) NATIONAL LABORATORY.—The term ‘‘Na2 tional Laboratory’’ has the meaning given the term 

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

4 U.S.C. 15801). 

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

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

7 given those terms in section 101 of the Comprehen8 sive Environmental Response, Compensation, and 

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

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

11 means the Secretary of Energy. 

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

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

14 section 1151 of title 18, United States Code. 

15 TITLE I—REESTABLISHING 

16 AMERICAN INTERNATIONAL 

17 COMPETITIVENESS AND 

18 GLOBAL LEADERSHIP 

19 SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 

20 AND INNOVATION ACTIVITIES. 

21 (a) COORDINATION.— 

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

23 (A) coordinate all work of the Commission 

24 relating to— 


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1 (i) nuclear reactor import and export 

2 licensing; and 

3 (ii) international regulatory coopera4 tion and assistance relating to nuclear re5 actors, including with countries that are 

6 members of the Organisation for Economic 

7 Co-operation and Development; and 

8 (B) support interagency and international 

9 coordination with respect to— 

10 (i) the consideration of international 

11 technical standards to establish the licens12 ing and regulatory basis to assist the de13 sign, construction, and operation of nu14 clear systems; 

15 (ii) efforts to help build competent nu16 clear regulatory organizations and legal 

17 frameworks in countries seeking to develop 

18 nuclear power; and 

19 (iii) exchange programs and training 

20 provided to other countries relating to nu21 clear regulation and oversight to improve 

22 nuclear technology licensing, in accordance 

23 with paragraph (2). 

24 (2) EXCHANGE PROGRAMS AND TRAINING.— 

25 With respect to the exchange programs and training 


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

2 shall coordinate, as applicable, with— 

3 (A) the Secretary; 

4 (B) National Laboratories; 

5 (C) the private sector; and 

6 (D) institutions of higher education. 

7 (b) AUTHORITY TO ESTABLISH BRANCH.—The Com8 mission may establish within the Office of International 

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

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

11 out such international nuclear reactor export and innova12 tion activities as the Commission determines to be appro13 priate and within the mission of the Commission. 

14 (c) EXCLUSION OF INTERNATIONAL ACTIVITIES

15 FROM THE FEE BASE.— 

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

17 Energy Innovation and Modernization Act (42 

18 U.S.C. 2215) is amended— 

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

20 the following: 

21 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX22 PORT AND INNOVATION ACTIVITIES.—The Commis23 sion shall identify in the annual budget justification 

24 international nuclear reactor export and innovation 


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1 activities described in section 101(a) of the Amer2 ican 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 de7 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, 

11 2021. 

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

13 the authority of the Commission to license and regulate 

14 the civilian use of radioactive materials. 

15 SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 

16 NATIONAL SECURITY PURPOSES. 

17 (a) DEFINITION OF COVERED FUEL.—In this sec18 tion, the term ‘‘covered fuel’’ means enriched uranium 

19 that is fabricated into fuel assemblies for nuclear reactors 

20 by an entity that— 

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

22 the Russian Federation or the Government of the 

23 People’s Republic of China; or 


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

2 subject to the jurisdiction of, the Russian Federation 

3 or the People’s Republic of China. 

4 (b) PROHIBITION ON UNLICENSED POSSESSION OR

5 OWNERSHIP OF COVERED FUEL.—Unless specifically au6 thorized by the Commission in a license issued under sec7 tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 

8 2073) and part 70 of title 10, Code of Federal Regulations 

9 (or successor regulations), no person subject to the juris10 diction of the Commission may possess or own covered 

11 fuel. 

12 (c) LICENSE TO POSSESS OR OWN COVERED

13 FUEL.— 

14 (1) CONSULTATION REQUIRED PRIOR TO

15 ISSUANCE.—The Commission shall not issue a li16 cense to possess or own covered fuel under section 

17 53 of the Atomic Energy Act of 1954 (42 U.S.C. 

18 2073) and part 70 of title 10, Code of Federal Reg19 ulations (or successor regulations), unless the Com20 mission has first consulted with the Secretary and 

21 the Secretary of State before issuing the license. 

22 (2) PROHIBITION ON ISSUANCE OF LICENSE.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (C), a license to possess or own covered 

25 fuel shall not be issued if the Secretary and the 


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1 Secretary of State make the determination de2 scribed in subparagraph (B). 

3 (B) DETERMINATION.— 

4 (i) IN GENERAL.—The determination 

5 referred to in subparagraph (A) is a deter6 mination that possession or ownership, as 

7 applicable, of covered fuel poses a threat to 

8 the national security of the United States 

9 that adversely impacts the physical and 

10 economic security of the United States. 

11 (ii) JOINT DETERMINATION.—A deter12 mination described in clause (i) shall be 

13 jointly made by the Secretary and the Sec14 retary of State. 

15 (iii) TIMELINE.— 

16 (I) NOTICE OF APPLICATION.— 

17 Not later than 30 days after the date 

18 on which the Commission receives an 

19 application for a license to possess or 

20 own covered fuel, the Commission 

21 shall notify the Secretary and the Sec22 retary of State of the application. 

23 (II) DETERMINATION.—The Sec24 retary and the Secretary of State shall 

25 have a period of 120 days, beginning 


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1 on the date on which the Commission 

2 notifies the Secretary and the Sec3 retary of State under subclause (I) of 

4 an application for a license to possess 

5 or own covered fuel, in which to make 

6 the determination described in clause 

7 (i). 

8 (III) COMMISSION NOTIFICA9 TION.—On making the determination 

10 described in clause (i), the Secretary 

11 and the Secretary of State shall im12 mediately notify the Commission. 

13 (IV) CONGRESSIONAL NOTIFICA14 TION.—Not later than 30 days after 

15 the date on which the Secretary and 

16 the Secretary of State notify the Com17 mission under subclause (III), the 

18 Commission shall notify the appro19 priate committees of Congress of the 

20 determination. 

21 (V) PUBLIC NOTICE.—Not later 

22 than 15 days after the date on which 

23 the Commission notifies Congress 

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1 mission shall make that determination 

2 publicly available. 

3 (C) EFFECT OF NO DETERMINATION.— 

4 The prohibition described in subparagraph (A) 

5 shall not apply if the Secretary and the Sec6 retary of State do not make the determination 

7 described in subparagraph (B) by the date de8 scribed in clause (iii)(II) of that subparagraph. 

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

10 any treaty or international agreement in effect on the date 

11 of enactment of this Act. 

12 TITLE II—EXPANDING NUCLEAR 

13 ENERGY THROUGH AD14 VANCED NUCLEAR TECH15 NOLOGIES 

16 SEC. 201. ADVANCED NUCLEAR REACTOR PROJECT ENVI17 RONMENTAL REVIEWS. 

18 (a) DEFINITION OF ENVIRONMENTAL REVIEW PROC19 ESS.—In this section, the term ‘‘environmental review 

20 process’’ means the environmental review activities carried 

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

22 Code of Federal Regulations (or successor regulations). 

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

24 on which the Commission issues the third operating or 

25 combined license for an advanced nuclear reactor, the 


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1 Commission shall submit to the appropriate committees 

2 of Congress a report that— 

3 (1) describes— 

4 (A) any differences between the environ5 mental review process for nuclear reactors li6 censed and in operation as of the date of enact7 ment of this Act and the environmental review 

8 process for advanced nuclear reactors; 

9 (B) ways in which the environmental re10 view process for advanced nuclear reactors 

11 could be improved by reducing or eliminating 

12 duplicative requirements or requirements that 

13 are not applicable to advanced nuclear reactor 

14 designs; and 

15 (C) ways in which environmental regula16 tions other than those promulgated under the 

17 National Environmental Policy Act of 1969 (42 

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

19 the environmental review process for advanced 

20 nuclear reactors to reduce the environmental 

21 impacts of advanced nuclear reactors; and 

22 (2) includes an assessment by the Commission 

23 of whether it would be beneficial— 

24 (A) to revise the applicable environmental 

25 review process for advanced nuclear reactors; or 


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1 (B) to promulgate new regulations to es2 tablish a technology inclusive, risk-informed en3 vironmental review process for advanced nuclear 

4 reactors. 

5 SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES. 

6 Section 103 of the Nuclear Energy Innovation and 

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

8 is amended by adding at the end the following: 

9 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI10 CENSING.— 

11 ‘‘(1) PRIZE FOR ADVANCED NUCLEAR REACTOR

12 LICENSING.— 

13 ‘‘(A) IN GENERAL.—Subject to the avail14 ability of appropriations, the Secretary is au15 thorized to make, with respect to each award 

16 category described in subparagraph (C), an 

17 award in an amount described in subparagraph 

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

19 Commission issues— 

20 ‘‘(i) an operating license for an ad21 vanced nuclear reactor under part 50 of 

22 title 10, Code of Federal Regulations (or 

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1 mission as of the date of enactment of this 

2 subsection; or 

3 ‘‘(ii) a finding required under section 

4 52.103(g) of title 10, Code of Federal Reg5 ulations (or successor regulations), for a 

6 combined license for an advanced nuclear 

7 reactor— 

8 ‘‘(I) that is issued under subpart 

9 C of part 52 that title (or successor 

10 regulations); and 

11 ‘‘(II) for which an application 

12 has not been approved by the Com13 mission as of the date of enactment of 

14 this subsection. 

15 ‘‘(B) AMOUNT OF AWARD.—An award 

16 under subparagraph (A) shall be in an amount 

17 equal to the total amount assessed by the Com18 mission and collected under section 102(b)(2) 

19 from the entity receiving the award for costs re20 lating to the issuance of the license described in 

21 that subparagraph, including, as applicable, 

22 costs relating to the issuance of an associated 

23 construction permit described in section 50.23 

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1 fined in section 52.1 of that title (or successor 

2 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 sec15 tion 2 of the Nuclear Waste Policy 

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

17 depleted uranium as fuel for the ad18 vanced nuclear reactor; and 

19 ‘‘(II) is the first advanced nu20 clear reactor described in subclause 

21 (I) for which the Commission issues— 

22 ‘‘(aa) a license in accordance 

23 with clause (i) of subparagraph 

24 (A); or 


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1 ‘‘(bb) a finding in accord2 ance with clause (ii) of that sub3 paragraph; and 

4 ‘‘(iii) an advanced nuclear reactor 

5 that— 

6 ‘‘(I) operates flexibly to generate 

7 electricity or high temperature process 

8 heat for nonelectric applications; and 

9 ‘‘(II) is the first advanced nu10 clear reactor described in subclause 

11 (I) for which the Commission issues— 

12 ‘‘(aa) a license in accordance 

13 with clause (i) of subparagraph 

14 (A); or 

15 ‘‘(bb) a finding in accord16 ance with clause (ii) of that sub17 paragraph. 

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

19 award under this subsection shall not exceed the 

20 total amount expended (excluding any expenditures 

21 made with Federal funds received for the applicable 

22 project and an amount equal to the minimum cost23 share required under section 988 of the Energy Pol24 icy Act of 2005 (42 U.S.C. 16352)) by the entity reVerDate Sep 11 2014 04:36 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 ceiving the award for licensing costs relating to the 

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

3 SEC. 203. NEW NUCLEAR ENERGY PROJECT APPLICATION 

4 REVIEWS. 

5 (a) PRODUCTION, UTILIZATION, OR FUEL FACILITY

6 LOCATED AT AN EXISTING SITE.—In reviewing an appli7 cation for an early site permit, construction permit, oper8 ating license, or combined construction permit and oper9 ating license for a production, utilization, or fuel facility 

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

11 fuel facility, the Commission, to the maximum extent prac12 ticable, shall use information that was part of the licensing 

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

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

15 section exempts the Commission from any requirement to 

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

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

18 4332(2)(C)). 

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

20 Nothing in this section precludes the Commission from 

21 using new information or new scientific or technical anal22 yses that are applicable to the review of an application 

23 described in subsection (a). 


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1 SEC. 204. REPORT ON UNIQUE LICENSING CONSIDER2 ATIONS RELATING TO THE USE OF NUCLEAR 

3 ENERGY FOR NONELECTRIC APPLICATIONS. 

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

5 date of enactment of this Act, the Commission shall sub6 mit to the appropriate committees of Congress a report 

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

8 unique licensing issues or requirements relating to— 

9 (1) the flexible operation of nuclear reactors, 

10 such as ramping power output and switching be11 tween electricity generation and nonelectric applica12 tions; 

13 (2) the use of advanced nuclear reactors exclu14 sively for nonelectric applications; and 

15 (3) the colocation of nuclear reactors with in16 dustrial plants or other facilities. 

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

18 the Commission shall seek input from— 

19 (1) the Secretary; 

20 (2) the nuclear energy industry; 

21 (3) technology developers; 

22 (4) the industrial, chemical, and medical sec23 tors; 

24 (5) nongovernmental organizations; and 

25 (6) other public stakeholders. 

26 (c) CONTENTS.— 


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

2 (A) any unique licensing issues or require3 ments relating to the matters described in para4 graphs (1) through (3) of subsection (a), in5 cluding, with respect to the nonelectric applica6 tions referred to in paragraphs (1) and (2) of 

7 that subsection, any licensing issues or require8 ments relating to the use of nuclear energy in— 

9 (i) hydrogen or other liquid and gas10 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 pro17 duction; and 

18 (vii) other applications, as identified 

19 by the Commission; 

20 (B) options for addressing those issues or 

21 requirements— 

22 (i) within the existing regulatory 

23 framework; 

24 (ii) as part of the technology-inclusive 

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

2 Energy Innovation and Modernization Act 

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

4 439) or described in the report required 

5 under subsection (e) of that section (Public 

6 Law 115–439; 132 Stat. 5575); or 

7 (iii) through a new rulemaking; and 

8 (C) the extent to which Commission action 

9 is needed to implement any matter described in 

10 the report. 

11 (2) COST ESTIMATES, BUDGETS, AND TIME12 FRAMES.—The report shall include cost estimates, 

13 proposed budgets, and proposed timeframes for im14 plementing risk-informed and performance-based 

15 regulatory guidance in the licensing of nuclear reac16 tors for nonelectric applications. 

17 SEC. 205. ENABLING PREPARATIONS FOR THE DEMONSTRA18 TION OF ADVANCED NUCLEAR REACTORS ON 

19 DEPARTMENT SITES. 

20 (a) IN GENERAL.—Section 102(b)(1)(B) of the Nu21 clear Energy Innovation and Modernization Act (42 

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

23 amended by adding at the end the following: 

24 ‘‘(v) Costs for— 


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1 ‘‘(I) activities to review and ap2 prove or disapprove an application for 

3 an early site permit (as defined in sec4 tion 52.1 of title 10, Code of Federal 

5 Regulations (or a successor regula6 tion)) to demonstrate an advanced nu7 clear reactor on a Department of En8 ergy site; and 

9 ‘‘(II) pre-application activities re10 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 

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

16 SEC. 206. REGULATORY REQUIREMENTS FOR MICRO-REAC17 TORS. 

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

19 risk-informed and performance-based strategies and guid20 ance to support a timely and efficient licensing and regu21 latory process for micro-reactors that takes into consider22 ation— 

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

24 and 


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1 (2) the development timeframes of micro-reac2 tors. 

3 (b) IMPLEMENTATION.—The Commission shall im4 plement the strategies and guidance developed under sub5 section (a)— 

6 (1) not later than the date on which the tech7 nology-inclusive regulatory framework required 

8 under section 103(a)(4) of the Nuclear Energy Inno9 vation and Modernization Act (42 U.S.C. 2133 note; 

10 Public Law 115–439) is established; and 

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

12 technology-inclusive regulatory framework. 

13 TITLE III—PRESERVING EXIST14 ING NUCLEAR ENERGY GEN15 ERATION 

16 SEC. 301. NUCLEAR REACTOR INCENTIVES. 

17 (a) FINDINGS.—Congress finds that— 

18 (1) as of December 31, 2019, 96 nuclear reac19 tors provided approximately 20 percent of the elec20 tricity used in the United States and more than 55 

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

22 United States; 

23 (2) from 2013 through September 2020, 11 nu24 clear reactors ceased operation prior to the end of 

25 the operating licenses of those reactors; 


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1 (3) as of September 2020, an additional 8 nu2 clear reactors are scheduled to cease operations by 

3 2025; 

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

5 in the current nuclear fleet, primarily in the com6 petitive electricity market, are projected to cease op7 erations prior to the end of the operating licenses of 

8 those reactors; 

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

10 sulfur oxides, particulate matter, and hazardous air 

11 pollutants typically increase when a nuclear reactor 

12 ceases operations; and 

13 (6) a program to incentivize nuclear energy 

14 generation to avoid emissions of carbon dioxide, ni15 trogen oxides, sulfur oxides, particulate matter, and 

16 hazardous air pollutants offers substantial environ17 mental benefits to the United States. 

18 (b) DEFINITIONS.—In this section: 

19 (1) CERTIFIED NUCLEAR REACTOR.—The term 

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

21 that— 

22 (A) operates in a competitive electricity 

23 market; and 


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1 (B) is certified under subsection 

2 (d)(2)(A)(i) to submit a sealed bid in accord3 ance with subsection (e). 

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

5 allocated to a certified nuclear reactor under sub6 section (f)(2). 

7 (c) ESTABLISHMENT OF PROGRAM.—The Adminis8 trator, in consultation with the Secretary, shall establish 

9 an emissions avoidance program— 

10 (1) to evaluate nuclear reactors that are pro11 jected to cease operations due to economic factors; 

12 and 

13 (2) to allocate credits to certified nuclear reac14 tors that are selected under paragraph (1)(B) of 

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

16 of that subsection. 

17 (d) CERTIFICATION.— 

18 (1) APPLICATION.— 

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

20 under paragraph (2)(A)(i), the owner or oper21 ator of a nuclear reactor that is projected to 

22 cease operations due to economic factors shall 

23 submit to the Administrator an application at 

24 such time, in such manner, and containing such 


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1 information as the Administrator determines to 

2 be appropriate, including— 

3 (i) information on the operating costs 

4 necessary to make the examination de5 scribed in paragraph (2)(A)(ii)(II), includ6 ing— 

7 (I) the average annual operating 

8 loss per megawatt-hour expected to be 

9 incurred by the nuclear reactor over 

10 the 2-year period for which credits 

11 would be allocated; 

12 (II) any private or publicly avail13 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 

22 risks; 

23 (ii) an estimate of the potential incre24 mental emissions of carbon dioxide, nitro25 gen oxides, sulfur oxides, particulate matVerDate Sep 11 2014 04:36 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 ter, and hazardous air pollutants that 

2 would result if the nuclear reactor were to 

3 cease operations; 

4 (iii) information on the source of re5 covered uranium and the location where 

6 the uranium is converted, enriched, and 

7 fabricated into fuel assemblies for the nu8 clear reactor for the 2-year period for 

9 which credits would be allocated; and 

10 (iv) a detailed plan to sustain oper11 ations at the conclusion of the applicable 

12 2-year period for which credits would be 

13 allocated— 

14 (I) without receiving additional 

15 credits; or 

16 (II) with the receipt of additional 

17 credits of a lower amount than the 

18 credits allocated during that 2-year 

19 credit period. 

20 (B) TIMELINE.—The Administrator shall 

21 accept applications described in subparagraph 

22 (A)— 

23 (i) until the date that is 120 days 

24 after the date of enactment of this Act; 

25 and 


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1 (ii) not less frequently than every 2 

2 years thereafter. 

3 (2) DETERMINATION TO CERTIFY.— 

4 (A) DETERMINATION.— 

5 (i) IN GENERAL.—Not later than 60 

6 days after the applicable date under sub7 paragraph (B) of paragraph (1), the Ad8 ministrator, in consultation with the Sec9 retary, shall determine whether to certify, 

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

11 each nuclear reactor for which an applica12 tion is submitted under subparagraph (A) 

13 of that paragraph. 

14 (ii) MINIMUM REQUIREMENTS.—To 

15 the maximum extent practicable, the Ad16 ministrator, in consultation with the Sec17 retary, shall only certify a nuclear reactor 

18 under clause (i) if— 

19 (I) the nuclear reactor has a 

20 good safety record, as determined by 

21 the Action Matrix of the Commission 

22 or the Performance Indicators of the 

23 Reactor Oversight Process, such that 

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1 censee response’’ column indicating no 

2 current significant safety issues; 

3 (II) after considering the infor4 mation submitted under paragraph 

5 (1)(A)(i), the Administrator deter6 mines that the nuclear reactor is pro7 jected to cease operations due to eco8 nomic factors; and 

9 (III) after considering the esti10 mate submitted under paragraph 

11 (1)(A)(ii), the Administrator deter12 mines that emissions of carbon diox13 ide, nitrogen oxides, sulfur oxides, 

14 particulate matter, and hazardous air 

15 pollutants would increase if the nu16 clear reactor were to cease operations 

17 and be replaced with other types of 

18 power generation. 

19 (iii) PRIORITY.—In determining 

20 whether to certify a nuclear reactor under 

21 clause (i), the Administrator, in consulta22 tion with the Secretary, shall give priority 

23 to a nuclear reactor that uses uranium 

24 that is recovered, converted, enriched, and 


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1 fabricated into fuel assemblies in the 

2 United States. 

3 (B) NOTICE.—For each application re4 ceived under paragraph (1)(A), the Adminis5 trator, in consultation with the Secretary, shall 

6 provide to the applicable owner or operator, as 

7 applicable— 

8 (i) a notice of the certification of the 

9 applicable nuclear reactor; or 

10 (ii) a notice that describes the reasons 

11 why the certification of the applicable nu12 clear reactor was denied. 

13 (e) BIDDING PROCESS.— 

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

15 the Administrator shall establish a deadline by which 

16 each certified nuclear reactor shall submit to the Ad17 ministrator a sealed bid that— 

18 (A) describes the price per megawatt-hour 

19 required to maintain operations of the certified 

20 nuclear reactor during the 2-year period for 

21 which the certified nuclear reactor would receive 

22 credits; and 

23 (B) includes a commitment, subject to the 

24 receipt of credits, to provide a specific number 


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1 of megawatt-hours of generation during the 2- 

2 year period for which credits would be allocated. 

3 (2) REQUIREMENT.—The deadline established 

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

5 after the first date on which the Administrator has 

6 made the determination described in paragraph 

7 (2)(A)(i) of subsection (d) with respect to each ap8 plication submitted under paragraph (1)(A) of that 

9 subsection. 

10 (f) ALLOCATION.— 

11 (1) AUCTION.—The Administrator, in consulta12 tion with the Secretary, shall— 

13 (A) in consultation with the heads of appli14 cable Federal agencies, establish a process for 

15 evaluating bids submitted under subsection 

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

17 (B) select certified nuclear reactors to be 

18 allocated credits. 

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

20 selection under paragraph (1), a certified nuclear re21 actor shall be allocated credits for a 2-year period 

22 beginning on the date of the selection. 

23 (3) REQUIREMENT.—To the maximum extent 

24 practicable, the Administrator shall use the amounts 

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1 cate credits to as many certified nuclear reactors as 

2 possible. 

3 (g) RENEWAL.— 

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

5 certified nuclear reactor may seek to recertify the 

6 nuclear reactor in accordance with this section. 

7 (2) LIMITATION.—Notwithstanding any other 

8 provision of this section, the Administrator may not 

9 allocate any credits after September 30, 2030. 

10 (h) ADDITIONAL REQUIREMENTS.— 

11 (1) AUDIT.—During the 2-year period begin12 ning on the date on which a certified nuclear reactor 

13 first receives a credit, the Administrator, in con14 sultation with the Secretary, shall periodically audit 

15 the certified nuclear reactor. 

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

17 regulation, provide for the recapture of the alloca18 tion of any credit to a certified nuclear reactor that, 

19 during the period described in paragraph (1)— 

20 (A) terminates operations; or 

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

22 the absence of an allocation of credits to the 

23 certified nuclear reactor. 

24 (3) CONFIDENTIALITY.—The Administrator, in 

25 consultation with the Secretary, shall establish proVerDate Sep 11 2014 04:36 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 cedures to ensure that any confidential, private, pro2 prietary, or privileged information that is included in 

3 a sealed bid submitted under this section is not pub4 licly disclosed or otherwise improperly used. 

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

6 Comptroller General of the United States shall submit to 

7 Congress a report with respect to the credits allocated to 

8 certified nuclear reactors, which shall include— 

9 (1) an evaluation of the effectiveness of the 

10 credits in avoiding emissions of carbon dioxide, ni11 trogen oxides, sulfur oxides, particulate matter, and 

12 hazardous air pollutants while ensuring grid reli13 ability; 

14 (2) a quantification of the ratepayer savings 

15 achieved under this section; and 

16 (3) any recommendations to renew or expand 

17 the credits. 

18 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as are nec20 essary to carry out this section for each of fiscal years 

21 2021 through 2030. 

22 SEC. 302. REPORT ON LESSONS LEARNED DURING THE 

23 COVID–19 PUBLIC HEALTH EMERGENCY. 

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

25 date of enactment of this Act, the Commission shall subVerDate Sep 11 2014 04:36 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 mit to the appropriate committees of Congress and make 

2 publicly available a report on actions taken by the Com3 mission during the public health emergency declared by 

4 the Secretary of Health and Human Services under sec5 tion 319 of the Public Health Service Act (42 U.S.C. 

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

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

8 shall include— 

9 (1) an identification of the processes, proce10 dures, and other regulatory policies that were re11 vised or temporarily suspended during the public 

12 health emergency described in subsection (a); 

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

14 Commission that examines how any revision or tem15 porary suspension of a process, procedure, or other 

16 regulatory policy identified under paragraph (1) may 

17 or may not have compromised the ability of the 

18 Commission to license and regulate the civilian use 

19 of radioactive materials in the United States to pro20 tect public health and safety, promote the common 

21 defense and security, and protect the environment; 

22 (3) a description of any process efficiencies or 

23 challenges that resulted from the matters identified 

24 under paragraph (1); 


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1 (4) a discussion of lessons learned from the 

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

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

4 take to incorporate into the licensing activities and 

5 regulations of the Commission— 

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

7 and 

8 (B) the information provided under para9 graphs (2) and (3); and 

10 (6) a description of when the actions described 

11 in paragraph (5) may be implemented. 

12 SEC. 303. INVESTMENT BY ALLIES. 

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

14 certain licenses for utilization facilities to certain corpora15 tions and other entities described in the second sentence 

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

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

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

19 entity described in subsection (b) if the Commission deter20 mines that issuance of the applicable license to that entity 

21 is not inimical to— 

22 (1) the common defense and security; or 

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


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

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

3 owned, controlled, or dominated by— 

4 (1) the government of— 

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

6 North Atlantic Treaty Organization; 

7 (B) Japan; or 

8 (C) the Republic of Korea; 

9 (2) a corporation that is incorporated in a 

10 country described in any of subparagraphs (A) 

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

12 (3) an alien who is a national of a country de13 scribed in any of subparagraphs (A) through (C) of 

14 paragraph (1). 

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

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

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

18 and inserting ‘‘any’’. 

19 TITLE IV—REVITALIZING AMER20 ICA’S NUCLEAR SUPPLY 

21 CHAIN INFRASTRUCTURE 

22 SEC. 401. ADVANCED NUCLEAR FUEL APPROVAL. 

23 (a) AGENCY COORDINATION.— 

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

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


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1 the Secretary shall enter into a memorandum of un2 derstanding relating to advanced nuclear fuels. 

3 (2) MEMORANDUM OF UNDERSTANDING CON4 TENTS.—The memorandum of understanding en5 tered into under paragraph (1) shall require the De6 partment and the Commission to coordinate, as ap7 propriate— 

8 (A) to ensure that the Department has 

9 sufficient technical expertise to support the 

10 timely research, development, demonstration, 

11 and commercial application by the civilian nu12 clear industry of innovative advanced nuclear 

13 fuels, including by facilitating the development 

14 and sharing of criticality benchmark data to 

15 support— 

16 (i) the licensing of fuel enrichment, 

17 deconversion, and fabrication facilities 

18 for— 

19 (I) advanced nuclear fuels con20 taining high-assay, low-enriched ura21 nium with an assay greater than 5 

22 weight percent, but less than 10 

23 weight percent, of the uranium-235 

24 isotope; and 


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1 (II) advanced nuclear fuels con2 taining high-assay, low-enriched ura3 nium with an assay greater than or 

4 equal to 10 weight percent, but less 

5 than 20 weight percent, of the ura6 nium-235 isotope; and 

7 (ii) the certification of transportation 

8 packages for— 

9 (I) advanced nuclear fuels con10 taining high-assay, low-enriched ura11 nium with an assay greater than 5 

12 weight percent, but less than 10 

13 weight percent, of the uranium-235 

14 isotope; and 

15 (II) advanced nuclear fuels con16 taining high-assay, low-enriched ura17 nium with an assay greater than or 

18 equal to 10 weight percent, but less 

19 than 20 weight percent, of the ura20 nium-235 isotope; 

21 (B) to ensure that the Commission has 

22 sufficient technical expertise to support the 

23 evaluation of advanced nuclear fuels; 

24 (C) to identify methods to improve the use 

25 of computers and software codes to calculate 


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1 the behavior and performance of advanced nu2 clear fuels based on mathematical models of the 

3 physical behavior of advanced nuclear fuels; 

4 (D) to ensure that the Department main5 tains and develops the facilities necessary to en6 able the timely research, development, dem7 onstration, and commercial application by the 

8 civilian nuclear industry of innovative advanced 

9 nuclear fuels; and 

10 (E) to ensure that the Commission has ac11 cess to the facilities described in subparagraph 

12 (D), as needed. 

13 (b) REPORTING REQUIREMENTS.—Not later than 

14 180 days after the date of enactment of this Act, the Com15 mission shall submit to the appropriate committees of 

16 Congress a report that— 

17 (1) identifies criticality benchmark data to as18 sist— 

19 (A) the licensing of fuel enrichment, 

20 deconversion, and fabrication facilities for— 

21 (i) advanced nuclear fuels containing 

22 high-assay, low-enriched uranium with an 

23 assay greater than 5 weight percent, but 

24 less than 10 weight percent, of the ura25 nium-235 isotope; and 


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1 (ii) advanced nuclear fuels containing 

2 high-assay, low-enriched uranium with an 

3 assay greater than or equal to 10 weight 

4 percent, but less than 20 weight percent, 

5 of the uranium-235 isotope; and 

6 (B) the certification of transportation 

7 packages for— 

8 (i) advanced nuclear fuels containing 

9 high-assay, low-enriched uranium with an 

10 assay greater than 5 weight percent, but 

11 less than 10 weight percent, of the ura12 nium-235 isotope; and 

13 (ii) advanced nuclear fuels containing 

14 high-assay, low-enriched uranium with an 

15 assay greater than or equal to 10 weight 

16 percent, but less than 20 weight percent, 

17 of the uranium-235 isotope; 

18 (2) identifies and describes any updates to reg19 ulations, certifications, and other regulatory policies 

20 that the Commission determines are necessary for li21 censing and oversight relating to high-assay, low-en22 riched uranium, including— 

23 (A) certifications relating to transportation 

24 packages for— 


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

2 with an assay greater than 5 weight per3 cent, but less than 10 weight percent, of 

4 the uranium-235 isotope; and 

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

6 with an assay greater than or equal to 10 

7 weight percent, but less than 20 weight 

8 percent, of the uranium-235 isotope; and 

9 (B) licensing of fuel enrichment, 

10 deconversion, and fabrication facilities for high11 assay, low-enriched uranium, and associated 

12 physical security plans for those facilities; 

13 (3) identifies and describes any updates to reg14 ulations, certifications, and other regulatory policies 

15 that the Commission determines are necessary to ad16 dress nuclear nonproliferation considerations that— 

17 (A) are within the mission of the Commis18 sion; and 

19 (B) are associated with— 

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

21 with an assay greater than 5 weight per22 cent, but less than 10 weight percent, of 

23 the uranium-235 isotope; or 

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

25 with an assay greater than or equal to 10 


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1 weight percent, but less than 20 weight 

2 percent, of the uranium-235 isotope; 

3 (4) identifies and describes— 

4 (A) any data needs, regulatory require5 ments, or policies identified under paragraph 

6 (1), (2), or (3) that— 

7 (i) differ based on whether they are 

8 related to— 

9 (I) high-assay, low-enriched ura10 nium with an assay greater than 5 

11 weight percent, but less than 10 

12 weight percent, of the uranium-235 

13 isotope; or 

14 (II) high-assay, low-enriched ura15 nium with an assay greater than or 

16 equal to 10 weight percent, but less 

17 than 20 weight percent, of the ura18 nium-235 isotope; or 

19 (ii) are unique to— 

20 (I) high-assay, low-enriched ura21 nium with an assay greater than 5 

22 weight percent, but less than 10 

23 weight percent, of the uranium-235 

24 isotope; or 


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1 (II) high-assay, low-enriched ura2 nium with an assay greater than or 

3 equal to 10 weight percent, but less 

4 than 20 weight percent, of the ura5 nium-235 isotope; 

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

7 regulatory requirements, or policies identified 

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

9 in that subparagraph; and 

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

11 regulatory requirements, or policies identified 

12 under subparagraph (A)(ii) are unique to ei13 ther— 

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

15 with an assay greater than 5 weight per16 cent, but less than 10 weight percent, of 

17 the uranium-235 isotope; or 

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

19 with an assay greater than or equal to 10 

20 weight percent, but less than 20 weight 

21 percent, of the uranium-235 isotope; and 

22 (5) includes a timeline for completing the up23 dates described in paragraphs (2) and (3) within the 

24 existing regulatory framework. 


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1 SEC. 402. NATIONAL STRATEGIC URANIUM RESERVE. 

2 (a) DEFINITIONS.—In this section: 

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

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

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

6 Reserve’’ means the uranium reserve operated pur7 suant to the program. 

8 (b) ESTABLISHMENT.— 

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

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

11 subject to the availability of appropriations, shall es12 tablish a program to operate a uranium reserve in 

13 accordance with this section. 

14 (2) AUTHORITY.—In establishing the program 

15 and operating the Uranium Reserve, the Secretary 

16 shall use the authority granted to the Secretary by 

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

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

19 (c) PURPOSES.—The purposes of the Uranium Re20 serve are— 

21 (1) to provide assurance of the availability of 

22 uranium recovered in the United States in the event 

23 of a market disruption; and 

24 (2) to support strategic fuel cycle capabilities in 

25 the United States. 


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

2 the Uranium Reserve uranium that is recovered in the 

3 United States by an entity that— 

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

5 the Russian Federation or the Government of the 

6 People’s Republic of China; or 

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

8 subject to the jurisdiction of, the Russian Federation 

9 or the People’s Republic of China. 

10 (e) ACQUISITION.— 

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

12 for the Uranium Reserve only uranium recovered 

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

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

15 mined. 

16 (2) FACILITIES DESCRIBED.—A facility referred 

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

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

19 the date of enactment of this Act; 

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

21 (iii) is not the subject of an enforcement 

22 action that— 

23 (I) was taken— 

24 (aa) in response to a violation of 

25 a regulation in part 40 of title 10, 


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1 Code of Federal Regulations (or suc2 cessor regulations); and 

3 (bb) during the 1-year period 

4 ending on the date on which the ura5 nium is acquired for the Uranium Re6 serve; and 

7 (II) was characterized as ‘‘escalated 

8 enforcement’’; or 

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

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

11 an agreement with the Commission under sec12 tion 274 b. of the Atomic Energy Act of 1954 

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

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

15 (iii) is not the subject of an enforcement 

16 action that— 

17 (I) was taken— 

18 (aa) in response to a violation of 

19 an applicable State requirement that 

20 is compatible with the regulations of 

21 the Commission in part 40 of title 10, 

22 Code of Federal Regulations (or suc23 cessor regulations); and 

24 (bb) during the 1-year period 

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1 nium is acquired for the Uranium Re2 serve; and 

3 (II) was subject to further administra4 tive actions, further orders, or the equiva5 lent of further administrative actions or or6 ders. 

7 (3) REQUIREMENT.— 

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

9 subparagraph (B), with respect to any uranium 

10 ore acquired by a facility described in para11 graph (2) that has been mined, the Secretary 

12 may acquire for the Uranium Reserve only ura13 nium extracted from a conventional mine that 

14 is not located on— 

15 (i) Tribal land; 

16 (ii) Federal land temporarily with17 drawn from location and entry pursuant to 

18 the record of decision described in the no19 tice of availability entitled ‘‘Notice of 

20 Availability of Record of Decision for the 

21 Northern Arizona Proposed Withdrawal’’ 

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

23 or 

24 (iii) Federal land that, as of October 

25 1, 2020, is permanently withdrawn from 


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1 location and entry under sections 2319 

2 through 2344 of the Revised Statutes 

3 (commonly known as the ‘‘Mining Law of 

4 1872’’) (30 U.S.C. 22 et seq.). 

5 (B) REMOVAL AND REMEDIAL ACTIONS.— 

6 The Secretary may acquire for the Uranium 

7 Reserve uranium recovered from material ob8 tained as a result of removal or remedial ac9 tions carried out on abandoned mine land lo10 cated on Tribal land. 

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

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

13 shall publish a request for information to help the Sec14 retary evaluate— 

15 (1) options for the operation and management 

16 of the Uranium Reserve; 

17 (2) contractual mechanisms pursuant to which 

18 the Secretary could acquire uranium; and 

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

20 storage of uranium in the Uranium Reserve. 

21 (g) BUDGET REQUEST.—For each fiscal year begin22 ning after the date of enactment of this Act, the Secretary 

23 shall include in the budget justification submitted to Con24 gress pursuant to section 1105 of title 31, United States 

25 Code— 


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

2 transportation, and storage of uranium in the Ura3 nium Reserve; or 

4 (2) an explanation of why amounts are not re5 quested for the acquisition, transportation, or stor6 age of uranium in the Uranium Reserve. 

7 SEC. 403. REPORT ON ADVANCED METHODS OF MANUFAC8 TURING AND CONSTRUCTION FOR NUCLEAR 

9 ENERGY APPLICATIONS. 

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

11 date of enactment of this Act, the Commission shall sub12 mit to the appropriate committees of Congress a report 

13 (referred to in this subsection as the ‘‘report’’) on manu14 facturing and construction for nuclear energy applications. 

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

16 the Commission shall seek input from— 

17 (1) the Secretary; 

18 (2) the nuclear energy industry; 

19 (3) National Laboratories; 

20 (4) institutions of higher education; 

21 (5) nuclear and manufacturing technology de22 velopers; 

23 (6) the manufacturing and construction indus24 tries; 

25 (7) standards development organizations; 


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1 (8) labor unions; 

2 (9) nongovernmental organizations; and 

3 (10) other public stakeholders. 

4 (c) CONTENTS.— 

5 (1) IN GENERAL.—The report shall— 

6 (A) examine any unique licensing issues or 

7 requirements relating to the use of innovative— 

8 (i) advanced manufacturing processes; 

9 and 

10 (ii) advanced construction techniques; 

11 (B) examine— 

12 (i) the requirements for nuclear-grade 

13 components in manufacturing and con14 struction for nuclear energy applications; 

15 (ii) opportunities to use standard ma16 terials, parts, or components in manufac17 turing and construction for nuclear energy 

18 applications; and 

19 (iii) opportunities to use standard ma20 terials that are in compliance with existing 

21 codes to provide acceptable approaches to 

22 support or encapsulate new materials that 

23 do not yet have applicable codes; 

24 (C) identify any safety aspects of innova25 tive advanced manufacturing processes and adVerDate Sep 11 2014 04:36 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 vanced construction techniques that are not ad2 dressed by existing codes and standards, so that 

3 generic guidance may be updated or created, as 

4 necessary; 

5 (D) identify options for addressing the 

6 issues, requirements, and opportunities exam7 ined under subparagraphs (A) and (B)— 

8 (i) within the existing regulatory 

9 framework; or 

10 (ii) through a new rulemaking; and 

11 (E) describe the extent to which Commis12 sion action is needed to implement any matter 

13 described in the report. 

14 (2) COST ESTIMATES, BUDGETS, AND TIME15 FRAMES.—The report shall include cost estimates, 

16 proposed budgets, and proposed timeframes for im17 plementing risk-informed and performance-based 

18 regulatory guidance for manufacturing and construc19 tion for nuclear energy applications. 

20 TITLE V—MISCELLANEOUS 

21 SEC. 501. NUCLEAR ENERGY WORKFORCE DEVELOPMENT. 

22 Section 313 of division C of the Omnibus Appropria23 tions Act, 2009 (42 U.S.C. 16274a) is amended— 

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

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


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

2 years 2021 through 2030,’’; and 

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

4 ‘‘(d) NUCLEAR ENERGY TRAINEESHIP SUBPRO5 GRAM.— 

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

7 ‘‘(A) COMMISSION.—The term ‘Commis8 sion’ means the Nuclear Regulatory Commis9 sion. 

10 ‘‘(B) INSTITUTION OF HIGHER EDU11 CATION.—The term ‘institution of higher edu12 cation’ has the meaning given the term in sec13 tion 101(a) of the Higher Education Act of 

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

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

16 ‘National Laboratory’ has the meaning given 

17 the term in section 2 of the Energy Policy Act 

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

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

20 establish, as a subprogram of the Integrated Univer21 sity Program established under this section, a work22 force development subprogram under which the 

23 Commission, in coordination with institutions of 

24 higher education and trade schools, shall competi25 tively award traineeships that provide focused trainVerDate Sep 11 2014 04:36 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 ing to meet critical mission needs of the Commission 

2 and nuclear workforce needs, including needs relat3 ing to— 

4 ‘‘(A) nuclear criticality safety; and 

5 ‘‘(B) the nuclear tradecraft workforce. 

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

7 workforce development program described in para8 graph (2), the Commission shall— 

9 ‘‘(A) coordinate with the Secretary to 

10 prioritize the funding of traineeships that focus 

11 on— 

12 ‘‘(i) nuclear workforce needs; and 

13 ‘‘(ii) critical mission needs of the 

14 Commission; 

15 ‘‘(B) encourage appropriate partnerships 

16 among— 

17 ‘‘(i) National Laboratories; 

18 ‘‘(ii) institutions of higher education; 

19 ‘‘(iii) trade schools; and 

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

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

22 workforce needs for the purpose of imple23 menting traineeships in focused topical areas 

24 that— 


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1 ‘‘(i) address the workforce needs of 

2 that community; and 

3 ‘‘(ii) support critical mission needs of 

4 the Commission.’’. 

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

6 AND HIGH-LEVEL RADIOACTIVE WASTE IN7 VENTORY IN THE UNITED STATES. 

8 (a) DEFINITIONS.—In this section: 

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

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

11 given the term in section 2 of the Nuclear Waste 

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

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

14 nuclear fuel’’ has the meaning given the term in sec15 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

16 U.S.C. 10101). 

17 (3) STANDARD CONTRACT.—The term ‘‘stand18 ard contract’’ has the meaning given the term ‘‘con19 tract’’ in section 961.3 of title 10, Code of Federal 

20 Regulations (or a successor regulation). 

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

22 annually thereafter, the Secretary shall submit to Con23 gress a report that describes— 

24 (1) the annual and cumulative amount of pay25 ments made by the United States to the holder of 


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1 a standard contract due to a partial breach of con2 tract under the Nuclear Waste Policy Act of 1982 

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

4 damages to the holder; 

5 (2) the amount spent by the Department to re6 duce future payments projected to be made by the 

7 United States to any holder of a standard contract 

8 due to a partial breach of contract under the Nu9 clear Waste Policy Act of 1982 (42 U.S.C. 10101 et 

10 seq.); 

11 (3) the cumulative amount spent by the Depart12 ment to store, manage, and dispose of spent nuclear 

13 fuel and high-level radioactive waste in the United 

14 States as of the date of the report; 

15 (4) the projected lifecycle costs to store, man16 age, transport, and dispose of the projected inven17 tory of spent nuclear fuel and high-level radioactive 

18 waste in the United States, including spent nuclear 

19 fuel and high-level radioactive waste expected to be 

20 generated from existing reactors through 2050; 

21 (5) any mechanisms for better accounting of li22 abilities for the lifecycle costs of the spent nuclear 

23 fuel and high-level radioactive waste inventory in the 

24 United States; and 


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1 (6) any recommendations for improving the 

2 methods used by the Department for the accounting 

3 of spent nuclear fuel and high-level radioactive waste 

4 costs and liabilities. 

5 SEC. 503. AUTHORIZATION OF APPROPRIATIONS FOR 

6 SUPERFUND ACTIONS AT ABANDONED MIN7 ING SITES ON TRIBAL LAND. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ELIGIBLE NON-NPL SITE.—The term ‘‘eligi10 ble non-NPL site’’ means a site that— 

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

12 but 

13 (B) the Administrator determines would be 

14 eligible for listing on the National Priorities 

15 List based on the presence of hazards from con16 tamination at the site, applying the hazard 

17 ranking system described in section 105(c) of 

18 the Comprehensive Environmental Response, 

19 Compensation, and Liability Act of 1980 (42 

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

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

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

23 section 101 of the Comprehensive Environmental 

24 Response, Compensation, and Liability Act of 1980 

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


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1 (3) NATIONAL PRIORITIES LIST.—The term 

2 ‘‘National Priorities List’’ means the National Prior3 ities List developed by the President in accordance 

4 with section 105(a)(8)(B) of the Comprehensive En5 vironmental Response, Compensation, and Liability 

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

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Administrator to 

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

10 years 2021 through 2030, to remain available until ex11 pended. 

12 (c) USES OF AMOUNTS.—Amounts appropriated 

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

14 (1) to carry out removal actions on abandoned 

15 mine land located on Tribal land; 

16 (2) to carry out remedial actions on abandoned 

17 mine land located on Tribal land at— 

18 (A) eligible non-NPL sites; and 

19 (B) sites listed on the National Priorities 

20 List; and 

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

22 (d) HEALTH ASSESSMENTS.—Subject to the avail23 ability of appropriations, the Agency for Toxic Substances 

24 and Disease Registry, in coordination with Tribal health 

25 authorities, shall perform 1 or more health assessments 


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

2 land. 

3 (e) GRANTS FOR TECHNICAL ASSISTANCE.— 

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

5 amounts appropriated under subsection (b) to make 

6 grants to Indian Tribes on whose land is located an 

7 eligible non-NPL site. 

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

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

10 second sentence of section 117(e)(1) of the Com11 prehensive Environmental Response, Compensation, 

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

13 (3) LIMITATIONS.—A grant under paragraph 

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

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

16 Comprehensive Environmental Response, Compensa17 tion, and Liability Act of 1980 (42 U.S.C. 

18 9617(e)(2)), except that— 

19 (A) ‘‘Administrator of the Environmental 

20 Protection Agency’’ shall be substituted for 

21 ‘‘President’’ each place it appears in that sec22 tion; and 

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

24 ‘‘under section 503 of the American Nuclear InVerDate Sep 11 2014 04:36 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S4897.IS S4897

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1 frastructure Act of 2020’’ shall be substituted 

2 for ‘‘under this subsection’’. 

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

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

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

6 (as defined in section 101 of the Comprehensive Environ7 mental Response, Compensation, and Liability Act of 

8 1980 (42 U.S.C. 9601)) with respect to that eligible non9 NPL site unless the action is commenced within the time10 frame provided for such actions with respect to facilities 

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

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

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

14 (g) COORDINATION.—The Administrator shall coordi15 nate with the Indian Tribe on whose land the applicable 

16 site is located in— 

17 (1) selecting and prioritizing sites for removal 

18 actions and remedial actions under paragraphs (1) 

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

20 (2) carrying out those removal actions and re21 medial actions. 

22 SEC. 504. TECHNICAL CORRECTION. 

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

24 U.S.C. 2134(c)) is amended— 


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1 (1) by striking the third sentence and inserting 

2 the following: 

3 ‘‘(3) LIMITATION ON UTILIZATION FACILI4 TIES.—The Commission may issue a license under 

5 this section for a utilization facility useful in the 

6 conduct of research and development activities of the 

7 types specified in section 31 if— 

8 ‘‘(A) not more than 75 percent of the an9 nual costs to the licensee of owning and oper10 ating the facility are devoted to the sale, other 

11 than for research and development or education 

12 and training, of— 

13 ‘‘(i) nonenergy services; 

14 ‘‘(ii) energy; or 

15 ‘‘(iii) a combination of nonenergy 

16 services and energy; and 

17 ‘‘(B) not more than 50 percent of the an18 nual costs to the licensee of owning and oper19 ating the facility are devoted to the sale of en20 ergy.’’; 

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

22 Commission’’ and inserting the following: 

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

24 (3) by striking ‘‘c. The Commission’’ and in25 serting the following: 


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1 ‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 

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

3 and (3), the Commission’’. 

Æ 


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