II 

Calendar No. 598 

116TH CONGRESS 

2D SESSION S. 4897 

To reestablish United States global leadership in nuclear energy, revitalize 

domestic nuclear energy supply chain infrastructure, support the licensing 

of advanced nuclear technologies, and improve the regulation of nuclear 

energy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2020 

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

Mrs. CAPITO) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

DECEMBER 2, 2020 

Reported by Mr. BARRASSO, with an amendment 

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

A BILL 

To reestablish United States global leadership in nuclear 

energy, revitalize domestic nuclear energy supply chain 

infrastructure, support the licensing of advanced nuclear 

technologies, and improve the regulation of nuclear 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, 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•S 4897 RS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

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. 


rfrederick on DSKBCBPHB2PROD with BILLS
3 

•S 4897 RS

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 Inno6 vation and Modernization Act (Public Law 115–439; 

7 132 Stat. 5577). 

8 (2) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

11 (3) ADVANCED NUCLEAR FUEL.—The term 

12 ‘‘advanced nuclear fuel’’ means— 

13 (A) advanced nuclear reactor fuel (as de14 fined in section 3 of the Nuclear Energy Inno15 vation and Modernization Act (42 U.S.C. 2215 

16 note; Public Law 115–439)); and 

17 (B) accident tolerant fuel. 

18 (4) ADVANCED NUCLEAR REACTOR.—The term 

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

20 the term in section 3 of the Nuclear Energy Innova21 tion and Modernization Act (42 U.S.C. 2215 note; 

22 Public Law 115–439). 

23 (5) APPROPRIATE COMMITTEES OF CON24 GRESS.—The term ‘‘appropriate committees of Con25 gress’’ means— 


rfrederick on DSKBCBPHB2PROD with BILLS
4 

•S 4897 RS

1 (A) the Committee on Environment and 

2 Public Works of the Senate; and 

3 (B) the Committee on Energy and Com4 merce of the House of Representatives. 

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

6 the Chairman of the Nuclear Regulatory Commis7 sion. 

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

9 means the Nuclear Regulatory Commission. 

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

11 means the Department of Energy. 

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

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

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

15 successor regulation). 

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

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

18 uranium with an assay greater than 5 weight per19 cent, but less than 20 weight percent, of the ura20 nium-235 isotope. 

21 (11) INSTITUTION OF HIGHER EDUCATION.— 

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

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

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


rfrederick on DSKBCBPHB2PROD with BILLS
5 

•S 4897 RS

1 (12) MICRO-REACTOR.—The term ‘‘micro-reac2 tor’’ means an advanced nuclear reactor that has a 

3 power production capacity that is not greater than 

4 20 megawatts. 

5 (13) NATIONAL LABORATORY.—The term ‘‘Na6 tional Laboratory’’ has the meaning given the term 

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

8 U.S.C. 15801). 

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

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

11 given those terms in section 101 of the Comprehen12 sive Environmental Response, Compensation, and 

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

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

15 means the Secretary of Energy. 

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

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

18 section 1151 of title 18, United States Code. 

19 TITLE I—REESTABLISHING 

20 AMERICAN INTERNATIONAL 

21 COMPETITIVENESS AND 

22 GLOBAL LEADERSHIP 

23 SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 

24 AND INNOVATION ACTIVITIES. 

25 (a) COORDINATION.— 


rfrederick on DSKBCBPHB2PROD with BILLS
6 

•S 4897 RS

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

2 (A) coordinate all work of the Commission 

3 relating to— 

4 (i) nuclear reactor import and export 

5 licensing; and 

6 (ii) international regulatory coopera7 tion and assistance relating to nuclear re8 actors, including with countries that are 

9 members of the Organisation for Economic 

10 Co-operation and Development; and 

11 (B) support interagency and international 

12 coordination with respect to— 

13 (i) the consideration of international 

14 technical standards to establish the licens15 ing and regulatory basis to assist the de16 sign, construction, and operation of nu17 clear systems; 

18 (ii) efforts to help build competent nu19 clear regulatory organizations and legal 

20 frameworks in countries seeking to develop 

21 nuclear power; and 

22 (iii) exchange programs and training 

23 provided to other countries relating to nu24 clear regulation and oversight to improve 


rfrederick on DSKBCBPHB2PROD with BILLS
7 

•S 4897 RS

1 nuclear technology licensing, in accordance 

2 with paragraph (2). 

3 (2) EXCHANGE PROGRAMS AND TRAINING.— 

4 With respect to the exchange programs and training 

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

6 shall coordinate, as applicable, with— 

7 (A) the Secretary; 

8 (B) National Laboratories; 

9 (C) the private sector; and 

10 (D) institutions of higher education. 

11 (b) AUTHORITY TO ESTABLISH BRANCH.—The Com12 mission may establish within the Office of International 

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

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

15 out such international nuclear reactor export and innova16 tion activities as the Commission determines to be appro17 priate and within the mission of the Commission. 

18 (c) EXCLUSION OF INTERNATIONAL ACTIVITIES

19 FROM THE FEE BASE.— 

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

21 Energy Innovation and Modernization Act (42 

22 U.S.C. 2215) is amended— 

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

24 the following: 


rfrederick on DSKBCBPHB2PROD with BILLS
8 

•S 4897 RS

1 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX2 PORT AND INNOVATION ACTIVITIES.—The Commis3 sion shall identify in the annual budget justification 

4 international nuclear reactor export and innovation 

5 activities described in section 101(a) of the Amer6 ican Nuclear Infrastructure Act of 2020.’’; and 

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

8 the end the following: 

9 ‘‘(iv) Costs for international nuclear 

10 reactor export and innovation activities de11 scribed in section 101(a) of the American 

12 Nuclear Infrastructure Act of 2020.’’. 

13 (2) EFFECTIVE DATE.—The amendments made 

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

15 2021. 

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

17 the authority of the Commission to license and regulate 

18 the civilian use of radioactive materials. 

19 SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 

20 NATIONAL SECURITY PURPOSES. 

21 (a) DEFINITION OF COVERED FUEL.—In this sec22 tion, the term ‘‘covered fuel’’ means enriched uranium 

23 that is fabricated into fuel assemblies for nuclear reactors 

24 by an entity that— 


rfrederick on DSKBCBPHB2PROD with BILLS
9 

•S 4897 RS

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

2 the Russian Federation or the Government of the 

3 People’s Republic of China; or 

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

5 subject to the jurisdiction of, the Russian Federation 

6 or the People’s Republic of China. 

7 (b) PROHIBITION ON UNLICENSED POSSESSION OR

8 OWNERSHIP OF COVERED FUEL.—Unless specifically au9 thorized by the Commission in a license issued under sec10 tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 

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

12 (or successor regulations), no person subject to the juris13 diction of the Commission may possess or own covered 

14 fuel. 

15 (c) LICENSE TO POSSESS OR OWN COVERED

16 FUEL.— 

17 (1) CONSULTATION REQUIRED PRIOR TO

18 ISSUANCE.—The Commission shall not issue a li19 cense to possess or own covered fuel under section 

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

21 2073) and part 70 of title 10, Code of Federal Reg22 ulations (or successor regulations), unless the Com23 mission has first consulted with the Secretary and 

24 the Secretary of State before issuing the license. 

25 (2) PROHIBITION ON ISSUANCE OF LICENSE.— 


rfrederick on DSKBCBPHB2PROD with BILLS
10 

•S 4897 RS

1 (A) IN GENERAL.—Subject to subpara2 graph (C), a license to possess or own covered 

3 fuel shall not be issued if the Secretary and the 

4 Secretary of State make the determination de5 scribed in subparagraph (B). 

6 (B) DETERMINATION.— 

7 (i) IN GENERAL.—The determination 

8 referred to in subparagraph (A) is a deter9 mination that possession or ownership, as 

10 applicable, of covered fuel poses a threat to 

11 the national security of the United States 

12 that adversely impacts the physical and 

13 economic security of the United States. 

14 (ii) JOINT DETERMINATION.—A deter15 mination described in clause (i) shall be 

16 jointly made by the Secretary and the Sec17 retary of State. 

18 (iii) TIMELINE.— 

19 (I) NOTICE OF APPLICATION.— 

20 Not later than 30 days after the date 

21 on which the Commission receives an 

22 application for a license to possess or 

23 own covered fuel, the Commission 

24 shall notify the Secretary and the Sec25 retary of State of the application. 


rfrederick on DSKBCBPHB2PROD with BILLS
11 

•S 4897 RS

1 (II) DETERMINATION.—The Sec2 retary and the Secretary of State shall 

3 have a period of 120 days, beginning 

4 on the date on which the Commission 

5 notifies the Secretary and the Sec6 retary of State under subclause (I) of 

7 an application for a license to possess 

8 or own covered fuel, in which to make 

9 the determination described in clause 

10 (i). 

11 (III) COMMISSION NOTIFICA12 TION.—On making the determination 

13 described in clause (i), the Secretary 

14 and the Secretary of State shall im15 mediately notify the Commission. 

16 (IV) CONGRESSIONAL NOTIFICA17 TION.—Not later than 30 days after 

18 the date on which the Secretary and 

19 the Secretary of State notify the Com20 mission under subclause (III), the 

21 Commission shall notify the appro22 priate committees of Congress of the 

23 determination. 

24 (V) PUBLIC NOTICE.—Not later 

25 than 15 days after the date on which 


rfrederick on DSKBCBPHB2PROD with BILLS
12 

•S 4897 RS

1 the Commission notifies Congress 

2 under subclause (IV) of a determina3 tion made under clause (i), the Com4 mission shall make that determination 

5 publicly available. 

6 (C) EFFECT OF NO DETERMINATION.— 

7 The prohibition described in subparagraph (A) 

8 shall not apply if the Secretary and the Sec9 retary of State do not make the determination 

10 described in subparagraph (B) by the date de11 scribed in clause (iii)(II) of that subparagraph. 

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

13 any treaty or international agreement in effect on the date 

14 of enactment of this Act. 

15 TITLE II—EXPANDING NUCLEAR 

16 ENERGY THROUGH AD17 VANCED NUCLEAR TECH18 NOLOGIES 

19 SEC. 201. ADVANCED NUCLEAR REACTOR PROJECT ENVI20 RONMENTAL REVIEWS. 

21 (a) DEFINITION OF ENVIRONMENTAL REVIEW PROC22 ESS.—In this section, the term ‘‘environmental review 

23 process’’ means the environmental review activities carried 

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

25 Code of Federal Regulations (or successor regulations). 


rfrederick on DSKBCBPHB2PROD with BILLS
13 

•S 4897 RS

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

2 on which the Commission issues the third operating or 

3 combined license for an advanced nuclear reactor, the 

4 Commission shall submit to the appropriate committees 

5 of Congress a report that— 

6 (1) describes— 

7 (A) any differences between the environ8 mental review process for nuclear reactors li9 censed and in operation as of the date of enact10 ment of this Act and the environmental review 

11 process for advanced nuclear reactors; 

12 (B) ways in which the environmental re13 view process for advanced nuclear reactors 

14 could be improved by reducing or eliminating 

15 duplicative requirements or requirements that 

16 are not applicable to advanced nuclear reactor 

17 designs; and 

18 (C) ways in which environmental regula19 tions other than those promulgated under the 

20 National Environmental Policy Act of 1969 (42 

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

22 the environmental review process for advanced 

23 nuclear reactors to reduce the environmental 

24 impacts of advanced nuclear reactors; and 


rfrederick on DSKBCBPHB2PROD with BILLS
14 

•S 4897 RS

1 (2) includes an assessment by the Commission 

2 of whether it would be beneficial— 

3 (A) to revise the applicable environmental 

4 review process for advanced nuclear reactors; or 

5 (B) to promulgate new regulations to es6 tablish a technology inclusive, risk-informed en7 vironmental review process for advanced nuclear 

8 reactors. 

9 SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES. 

10 Section 103 of the Nuclear Energy Innovation and 

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

12 is amended by adding at the end the following: 

13 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI14 CENSING.— 

15 ‘‘(1) PRIZE FOR ADVANCED NUCLEAR REACTOR

16 LICENSING.— 

17 ‘‘(A) IN GENERAL.—Subject to the avail18 ability of appropriations, the Secretary is au19 thorized to make, with respect to each award 

20 category described in subparagraph (C), an 

21 award in an amount described in subparagraph 

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

23 Commission issues— 

24 ‘‘(i) an operating license for an ad25 vanced nuclear reactor under part 50 of 


rfrederick on DSKBCBPHB2PROD with BILLS
15 

•S 4897 RS

1 title 10, Code of Federal Regulations (or 

2 successor regulations), for which an appli3 cation has not been approved by the Com4 mission as of the date of enactment of this 

5 subsection; or 

6 ‘‘(ii) a finding required under section 

7 52.103(g) of title 10, Code of Federal Reg8 ulations (or successor regulations), for a 

9 combined license for an advanced nuclear 

10 reactor— 

11 ‘‘(I) that is issued under subpart 

12 C of part 52 that title (or successor 

13 regulations); and 

14 ‘‘(II) for which an application 

15 has not been approved by the Com16 mission as of the date of enactment of 

17 this subsection. 

18 ‘‘(B) AMOUNT OF AWARD.—An award 

19 under subparagraph (A) shall be in an amount 

20 equal to the total amount assessed by the Com21 mission and collected under section 102(b)(2) 

22 from the entity receiving the award for costs re23 lating to the issuance of the license described in 

24 that subparagraph, including, as applicable, 

25 costs relating to the issuance of an associated 


rfrederick on DSKBCBPHB2PROD with BILLS
16 

•S 4897 RS

1 construction permit described in section 50.23 

2 of title 10, Code of Federal Regulations (or suc3 cessor regulations), or early site permit (as de4 fined in section 52.1 of that title (or successor 

5 regulations)). 

6 ‘‘(C) AWARD CATEGORIES.—An award 

7 under subparagraph (A) may be made for— 

8 ‘‘(i) the first advanced nuclear reactor 

9 for which the Commission issues— 

10 ‘‘(I) a license in accordance with 

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

12 ‘‘(II) a finding in accordance 

13 with clause (ii) of that subparagraph; 

14 ‘‘(ii) an advanced nuclear reactor 

15 that— 

16 ‘‘(I) uses isotopes derived from 

17 spent nuclear fuel (as defined in sec18 tion 2 of the Nuclear Waste Policy 

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

20 depleted uranium as fuel for the ad21 vanced nuclear reactor; and 

22 ‘‘(II) is the first advanced nu23 clear reactor described in subclause 

24 (I) for which the Commission issues— 


rfrederick on DSKBCBPHB2PROD with BILLS
17 

•S 4897 RS

1 ‘‘(aa) a license in accordance 

2 with clause (i) of subparagraph 

3 (A); or 

4 ‘‘(bb) a finding in accord5 ance with clause (ii) of that sub6 paragraph; and 

7 ‘‘(iii) an advanced nuclear reactor 

8 that— 

9 ‘‘(I) operates flexibly to generate 

10 electricity or high temperature process 

11 heat for nonelectric applications; and 

12 ‘‘(II) is the first advanced nu13 clear reactor described in subclause 

14 (I) for which the Commission issues— 

15 ‘‘(aa) a license in accordance 

16 with clause (i) of subparagraph 

17 (A); or 

18 ‘‘(bb) a finding in accord19 ance with clause (ii) of that sub20 paragraph. 

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

22 award under this subsection shall not exceed the 

23 total amount expended (excluding any expenditures 

24 made with Federal funds received for the applicable 

25 project and an amount equal to the minimum costVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
18 

•S 4897 RS

1 share required under section 988 of the Energy Pol2 icy Act of 2005 (42 U.S.C. 16352)) by the entity re3 ceiving the award for licensing costs relating to the 

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

5 SEC. 203. NEW NUCLEAR ENERGY PROJECT APPLICATION 

6 REVIEWS. 

7 (a) PRODUCTION, UTILIZATION, OR FUEL FACILITY

8 LOCATED AT AN EXISTING SITE.—In reviewing an appli9 cation for an early site permit, construction permit, oper10 ating license, or combined construction permit and oper11 ating license for a production, utilization, or fuel facility 

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

13 fuel facility, the Commission, to the maximum extent prac14 ticable, shall use information that was part of the licensing 

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

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

17 section exempts the Commission from any requirement to 

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

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

20 4332(2)(C)). 

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

22 Nothing in this section precludes the Commission from 

23 using new information or new scientific or technical anal24 yses that are applicable to the review of an application 

25 described in subsection (a). 


rfrederick on DSKBCBPHB2PROD with BILLS
19 

•S 4897 RS

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.— 


rfrederick on DSKBCBPHB2PROD with BILLS
20 

•S 4897 RS

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 

25 regulatory framework required under subVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
21 

•S 4897 RS

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— 


rfrederick on DSKBCBPHB2PROD with BILLS
22 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
23 

•S 4897 RS

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; 


rfrederick on DSKBCBPHB2PROD with BILLS
24 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
25 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
26 

•S 4897 RS

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 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
27 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
28 

•S 4897 RS

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 

24 the nuclear reactor falls under the ‘‘liVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
29 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
30 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
31 

•S 4897 RS

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 

25 made available for credits under this section to alloVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
32 

•S 4897 RS

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 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
33 

•S 4897 RS

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 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
34 

•S 4897 RS

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); 


rfrederick on DSKBCBPHB2PROD with BILLS
35 

•S 4897 RS

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. 


rfrederick on DSKBCBPHB2PROD with BILLS
36 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
37 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
38 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
39 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
40 

•S 4897 RS

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— 


rfrederick on DSKBCBPHB2PROD with BILLS
41 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
42 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
43 

•S 4897 RS

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. 


rfrederick on DSKBCBPHB2PROD with BILLS
44 

•S 4897 RS

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. 


rfrederick on DSKBCBPHB2PROD with BILLS
45 

•S 4897 RS

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, 


rfrederick on DSKBCBPHB2PROD with BILLS
46 

•S 4897 RS

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 

25 ending on the date on which the uraVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
47 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
48 

•S 4897 RS

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— 


rfrederick on DSKBCBPHB2PROD with BILLS
49 

•S 4897 RS

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; 


rfrederick on DSKBCBPHB2PROD with BILLS
50 

•S 4897 RS

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 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
51 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
52 

•S 4897 RS

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 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
53 

•S 4897 RS

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— 


rfrederick on DSKBCBPHB2PROD with BILLS
54 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
55 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
56 

•S 4897 RS

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). 


rfrederick on DSKBCBPHB2PROD with BILLS
57 

•S 4897 RS

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 


rfrederick on DSKBCBPHB2PROD with BILLS
58 

•S 4897 RS

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 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6401 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
59 

•S 4897 RS

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— 


rfrederick on DSKBCBPHB2PROD with BILLS
60 

•S 4897 RS

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: 


rfrederick on DSKBCBPHB2PROD with BILLS
61 

•S 4897 RS

1 ‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 

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

3 and (3), the Commission’’. 

4 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—REESTABLISHING AMERICAN INTERNATIONAL 

COMPETITIVENESS AND GLOBAL LEADERSHIP 

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

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

Sec. 103. Export license requirements. 

TITLE II—EXPANDING NUCLEAR ENERGY THROUGH ADVANCED 

NUCLEAR TECHNOLOGIES 

Sec. 201. Advanced nuclear reactor prizes. 

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

energy for nonelectric applications. 

Sec. 203. Enabling preparations for the demonstration of advanced nuclear reactors on Department sites. 

TITLE III—PRESERVING EXISTING NUCLEAR ENERGY GENERATION 

Sec. 301. Nuclear reactor incentives. 

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


rfrederick on DSKBCBPHB2PROD with BILLS
62 

•S 4897 RS

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

mining sites on Tribal land. 

Sec. 504. Nuclear closure communities. 

Sec. 505. Report on corporate support. 

Sec. 506. Technical correction. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ACCIDENT TOLERANT FUEL.—The term ‘‘ac4 cident tolerant fuel’’ has the meaning given the term 

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

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

7 Stat. 5577). 

8 (2) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

11 (3) ADVANCED NUCLEAR FUEL.—The term ‘‘ad12 vanced nuclear fuel’’ means— 

13 (A) advanced nuclear reactor fuel (as de14 fined in section 3 of the Nuclear Energy Innova15 tion and Modernization Act (42 U.S.C. 2215 

16 note; Public Law 115–439)); and 

17 (B) accident tolerant fuel. 

18 (4) ADVANCED NUCLEAR REACTOR.—The term 

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

20 term in section 3 of the Nuclear Energy Innovation 

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

22 Law 115–439). 


rfrederick on DSKBCBPHB2PROD with BILLS
63 

•S 4897 RS

1 (5) APPROPRIATE COMMITTEES OF CONGRESS.— 

2 The term ‘‘appropriate committees of Congress’’ 

3 means— 

4 (A) the Committee on Environment and 

5 Public Works of the Senate; and 

6 (B) the Committee on Energy and Com7 merce of the House of Representatives. 

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

9 the Chairman of the Nuclear Regulatory Commission. 

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

11 means the Nuclear Regulatory Commission. 

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

13 means the Department of Energy. 

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

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

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

17 successor regulation). 

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

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

20 uranium with an assay greater than 5 weight per21 cent, but less than 20 weight percent, of the uranium22 235 isotope. 

23 (11) INSTITUTION OF HIGHER EDUCATION.—The 

24 term ‘‘institution of higher education’’ has the meanVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
64 

•S 4897 RS

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

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

3 (12) NATIONAL LABORATORY.—The term ‘‘Na4 tional Laboratory’’ has the meaning given the term in 

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

6 15801). 

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

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

9 given those terms in section 101 of the Comprehensive 

10 Environmental Response, Compensation, and Liabil11 ity Act of 1980 (42 U.S.C. 9601). 

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

13 the Secretary of Energy. 

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

15 the meaning given the term ‘‘Indian country’’ in sec16 tion 1151 of title 18, United States Code. 

17 TITLE I—REESTABLISHING 

18 AMERICAN INTERNATIONAL 

19 COMPETITIVENESS AND 

20 GLOBAL LEADERSHIP 

21 SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 

22 AND INNOVATION ACTIVITIES. 

23 (a) COORDINATION.— 

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


rfrederick on DSKBCBPHB2PROD with BILLS
65 

•S 4897 RS

1 (A) coordinate all work of the Commission 

2 relating to— 

3 (i) nuclear reactor import and export 

4 licensing; and 

5 (ii) international regulatory coopera6 tion and assistance relating to nuclear reac7 tors, including with countries that are 

8 members of the Organisation for Economic 

9 Co-operation and Development; and 

10 (B) support interagency and international 

11 coordination with respect to— 

12 (i) the consideration of international 

13 technical standards to establish the licensing 

14 and regulatory basis to assist the design, 

15 construction, and operation of nuclear sys16 tems; 

17 (ii) efforts to help build competent nu18 clear regulatory organizations and legal 

19 frameworks in countries seeking to develop 

20 nuclear power; and 

21 (iii) exchange programs and training 

22 provided to other countries relating to nu23 clear regulation and oversight to improve 

24 nuclear technology licensing, in accordance 

25 with paragraph (2). 


rfrederick on DSKBCBPHB2PROD with BILLS
66 

•S 4897 RS

1 (2) EXCHANGE PROGRAMS AND TRAINING.—With 

2 respect to the exchange programs and training de3 scribed in paragraph (1)(B)(iii), the Commission 

4 shall coordinate, as applicable, with— 

5 (A) the Secretary; 

6 (B) National Laboratories; 

7 (C) the private sector; and 

8 (D) institutions of higher education. 

9 (b) AUTHORITY TO ESTABLISH BRANCH.—The Com10 mission may establish within the Office of International 

11 Programs a branch, to be known as the ‘‘International Nu12 clear Reactor Export and Innovation Branch’’, to carry out 

13 such international nuclear reactor export and innovation 

14 activities as the Commission determines to be appropriate 

15 and within the mission of the Commission. 

16 (c) EXCLUSION OF INTERNATIONAL ACTIVITIES FROM

17 THE FEE BASE.— 

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

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

20 2215) is amended— 

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

22 the following: 

23 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EXPORT

24 AND INNOVATION ACTIVITIES.—The Commission shall 

25 identify in the annual budget justification interVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
67 

•S 4897 RS

1 national nuclear reactor export and innovation ac2 tivities described in section 101(a) of the American 

3 Nuclear Infrastructure Act of 2020.’’; and 

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

5 the end the following: 

6 ‘‘(iv) Costs for international nuclear 

7 reactor export and innovation activities de8 scribed in section 101(a) of the American 

9 Nuclear Infrastructure Act of 2020.’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

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

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

13 the authority of the Commission to license and regulate the 

14 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 section, 

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

19 fabricated into fuel assemblies for nuclear reactors by an 

20 entity that— 

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

22 the Russian Federation or the Government of the Peo23 ple’s Republic of China; or 


rfrederick on DSKBCBPHB2PROD with BILLS
68 

•S 4897 RS

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. 2073) 

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

9 successor regulations), no person subject to the jurisdiction 

10 of the Commission may possess or own covered fuel. 

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

12 (1) CONSULTATION REQUIRED PRIOR TO

13 ISSUANCE.—The Commission shall not issue a license 

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

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

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

17 successor regulations), unless the Commission has first 

18 consulted with the Secretary and the Secretary of 

19 State before issuing the license. 

20 (2) PROHIBITION ON ISSUANCE OF LICENSE.— 

21 (A) IN GENERAL.—Subject to subparagraph 

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

23 not be issued if the Secretary and the Secretary 

24 of State make the determination described in 

25 subparagraph (B). 


rfrederick on DSKBCBPHB2PROD with BILLS
69 

•S 4897 RS

1 (B) DETERMINATION.— 

2 (i) IN GENERAL.—The determination 

3 referred to in subparagraph (A) is a deter4 mination that possession or ownership, as 

5 applicable, of covered fuel poses a threat to 

6 the national security of the United States 

7 that adversely impacts the physical and eco8 nomic security of the United States. 

9 (ii) JOINT DETERMINATION.—A deter10 mination described in clause (i) shall be 

11 jointly made by the Secretary and the Sec12 retary of State. 

13 (iii) TIMELINE.— 

14 (I) NOTICE OF APPLICATION.—Not 

15 later than 30 days after the date on 

16 which the Commission receives an ap17 plication for a license to possess or 

18 own covered fuel, the Commission shall 

19 notify the Secretary and the Secretary 

20 of State of the application. 

21 (II) DETERMINATION.—The Sec22 retary and the Secretary of State shall 

23 have a period of 180 days, beginning 

24 on the date on which the Commission 

25 notifies the Secretary and the SecVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
70 

•S 4897 RS

1 retary of State under subclause (I) of 

2 an application for a license to possess 

3 or own covered fuel, in which to make 

4 the determination described in clause 

5 (i). 

6 (III) COMMISSION NOTIFICA7 TION.—On making the determination 

8 described in clause (i), the Secretary 

9 and the Secretary of State shall imme10 diately notify the Commission. 

11 (IV) CONGRESSIONAL NOTIFICA12 TION.—Not later than 30 days after 

13 the date on which the Secretary and 

14 the Secretary of State notify the Com15 mission under subclause (III), the 

16 Commission shall notify the appro17 priate committees of Congress of the 

18 determination. 

19 (V) PUBLIC NOTICE.—Not later 

20 than 15 days after the date on which 

21 the Commission notifies Congress 

22 under subclause (IV) of a determina23 tion made under clause (i), the Com24 mission shall make that determination 

25 publicly available. 


rfrederick on DSKBCBPHB2PROD with BILLS
71 

•S 4897 RS

1 (C) EFFECT OF NO DETERMINATION.—The 

2 prohibition described in subparagraph (A) shall 

3 not apply if the Secretary and the Secretary of 

4 State do not make the determination described in 

5 subparagraph (B) by the date described in clause 

6 (iii)(II) of that subparagraph. 

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

8 any treaty or international agreement in effect on the date 

9 of enactment of this Act. 

10 SEC. 103. EXPORT LICENSE REQUIREMENTS. 

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

12 this section, the term ‘‘low-enriched uranium’’ means ura13 nium enriched to less than 20 percent of the uranium-235 

14 isotope. 

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

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

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

18 the Commission makes a determination that such transfer 

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

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

21 subsection (b) is a country that— 

22 (1) has not concluded and ratified an Additional 

23 Protocol to its safeguards agreement with the Inter24 national Atomic Energy Agency; or 


rfrederick on DSKBCBPHB2PROD with BILLS
72 

•S 4897 RS

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

2 to the Convention on the Physical Protection of Nu3 clear Material, signed at Vienna and New York 

4 March 3, 1980, described in the information circular 

5 of the International Atomic Energy Agency numbered 

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

7 (d) ITEMS DESCRIBED.—An item referred to in sub8 section (b) includes— 

9 (1) unirradiated nuclear fuel containing special 

10 nuclear material (as defined in section 11 of the 

11 Atomic Energy Act of 1954 (42 U.S.C. 2014)), exclud12 ing low-enriched uranium; 

13 (2) a nuclear reactor that uses nuclear fuel de14 scribed in paragraph (1); and 

15 (3) any plant or component listed in Appendix 

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

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

18 (A) the reprocessing of irradiated nuclear 

19 reactor fuel elements; 

20 (B) the separation of plutonium; or 

21 (C) the separation of the uranium-233 iso22 tope. 

23 (e) NOTIFICATION.—If the Commission makes a deter24 mination under subsection (b) that the transfer of any item 

25 described in subsection (d) to a country described in subVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
73 

•S 4897 RS

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

2 States, the Commission shall notify the appropriate com3 mittees of Congress. 

4 TITLE II—EXPANDING NUCLEAR 

5 ENERGY THROUGH AD6 VANCED NUCLEAR TECH7 NOLOGIES 

8 SEC. 201. ADVANCED NUCLEAR REACTOR PRIZES. 

9 Section 103 of the Nuclear Energy Innovation and 

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

11 is amended by adding at the end the following: 

12 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI13 CENSING.— 

14 ‘‘(1) PRIZE FOR ADVANCED NUCLEAR REACTOR

15 LICENSING.— 

16 ‘‘(A) IN GENERAL.—Subject to the avail17 ability of appropriations, the Secretary is au18 thorized to make, with respect to each award cat19 egory described in subparagraph (C), an award 

20 in an amount described in subparagraph (B) to 

21 the first non-Federal entity to which the Com22 mission issues— 

23 ‘‘(i) an operating license for an ad24 vanced nuclear reactor under part 50 of 

25 title 10, Code of Federal Regulations (or 


rfrederick on DSKBCBPHB2PROD with BILLS
74 

•S 4897 RS

1 successor regulations), for which an appli2 cation has not been approved by the Com3 mission as of the date of enactment of this 

4 subsection; or 

5 ‘‘(ii) a finding required under section 

6 52.103(g) of title 10, Code of Federal Regu7 lations (or successor regulations), for a com8 bined license for an advanced nuclear reac9 tor— 

10 ‘‘(I) that is issued under subpart 

11 C of part 52 that title (or successor 

12 regulations); and 

13 ‘‘(II) for which an application 

14 has not been approved by the Commis15 sion as of the date of enactment of this 

16 subsection. 

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

18 subparagraph (A) shall be in an amount equal 

19 to the total amount assessed by the Commission 

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

21 entity receiving the award for costs relating to 

22 the issuance of the license described in that sub23 paragraph, including, as applicable, costs relat24 ing to the issuance of an associated construction 

25 permit described in section 50.23 of title 10, 


rfrederick on DSKBCBPHB2PROD with BILLS
75 

•S 4897 RS

1 Code of Federal Regulations (or successor regula2 tions), or early site permit (as defined in section 

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

4 ‘‘(C) AWARD CATEGORIES.—An award 

5 under subparagraph (A) may be made for— 

6 ‘‘(i) the first advanced nuclear reactor 

7 for which the Commission issues— 

8 ‘‘(I) a license in accordance with 

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

10 ‘‘(II) a finding in accordance 

11 with clause (ii) of that subparagraph; 

12 ‘‘(ii) an advanced nuclear reactor 

13 that— 

14 ‘‘(I) uses isotopes derived from 

15 spent nuclear fuel (as defined in sec16 tion 2 of the Nuclear Waste Policy Act 

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

18 uranium as fuel for the advanced nu19 clear reactor; and 

20 ‘‘(II) is the first advanced nuclear 

21 reactor described in subclause (I) for 

22 which the Commission issues— 

23 ‘‘(aa) a license in accordance 

24 with clause (i) of subparagraph 

25 (A); or 


rfrederick on DSKBCBPHB2PROD with BILLS
76 

•S 4897 RS

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 nuclear 

10 reactor described in subclause (I) for 

11 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 award 

19 under this subsection shall not exceed the total 

20 amount expended (excluding any expenditures made 

21 with Federal funds received for the applicable project 

22 and an amount equal to the minimum cost-share re23 quired under section 988 of the Energy Policy Act of 

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


rfrederick on DSKBCBPHB2PROD with BILLS
77 

•S 4897 RS

1 award for licensing costs relating to the project for 

2 which the award is made.’’. 

3 SEC. 202. REPORT ON UNIQUE LICENSING CONSIDER4 ATIONS RELATING TO THE USE OF NUCLEAR 

5 ENERGY FOR NONELECTRIC APPLICATIONS. 

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

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

8 the appropriate committees of Congress a report (referred 

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

10 licensing issues or requirements relating to— 

11 (1) the flexible operation of nuclear reactors, 

12 such as ramping power output and switching between 

13 electricity generation and nonelectric applications; 

14 (2) the use of advanced nuclear reactors exclu15 sively for nonelectric applications; and 

16 (3) the colocation of nuclear reactors with indus17 trial plants or other facilities. 

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

19 the Commission shall seek input from— 

20 (1) the Secretary; 

21 (2) the nuclear energy industry; 

22 (3) technology developers; 

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

24 (5) nongovernmental organizations; and 

25 (6) other public stakeholders. 


rfrederick on DSKBCBPHB2PROD with BILLS
78 

•S 4897 RS

1 (c) CONTENTS.— 

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

3 (A) any unique licensing issues or require4 ments relating to the matters described in para5 graphs (1) through (3) of subsection (a), includ6 ing, with respect to the nonelectric applications 

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

8 subsection, any licensing issues or requirements 

9 relating to the use of nuclear energy in— 

10 (i) hydrogen or other liquid and gas11 eous fuel or chemical production; 

12 (ii) water desalination and wastewater 

13 treatment; 

14 (iii) heat for industrial processes; 

15 (iv) district heating; 

16 (v) energy storage; 

17 (vi) industrial or medical isotope pro18 duction; and 

19 (vii) other applications, as identified 

20 by the Commission; 

21 (B) options for addressing those issues or 

22 requirements— 

23 (i) within the existing regulatory 

24 framework; 


rfrederick on DSKBCBPHB2PROD with BILLS
79 

•S 4897 RS

1 (ii) as part of the technology-inclusive 

2 regulatory framework required under sub3 section (a)(4) of section 103 of the Nuclear 

4 Energy Innovation and Modernization Act 

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

6 or described in the report required under 

7 subsection (e) of that section (Public Law 

8 115–439; 132 Stat. 5575); or 

9 (iii) through a new rulemaking; and 

10 (C) the extent to which Commission action 

11 is needed to implement any matter described in 

12 the report. 

13 (2) COST ESTIMATES, BUDGETS, AND TIME14 FRAMES.—The report shall include cost estimates, 

15 proposed budgets, and proposed timeframes for imple16 menting risk-informed and performance-based regu17 latory guidance in the licensing of nuclear reactors 

18 for nonelectric applications. 

19 SEC. 203. ENABLING PREPARATIONS FOR THE DEMONSTRA20 TION OF ADVANCED NUCLEAR REACTORS ON 

21 DEPARTMENT SITES. 

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

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

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

25 by adding at the end the following: 


rfrederick on DSKBCBPHB2PROD with BILLS
80 

•S 4897 RS

1 ‘‘(v) Costs for— 

2 ‘‘(I) activities to review and ap3 prove or disapprove an application for 

4 an early site permit (as defined in sec5 tion 52.1 of title 10, Code of Federal 

6 Regulations (or a successor regula7 tion)) to demonstrate an advanced nu8 clear reactor on a Department of En9 ergy site; and 

10 ‘‘(II) pre-application activities re11 lating to an early site permit (as so 

12 defined) to demonstrate an advanced 

13 nuclear reactor on a Department of 

14 Energy site.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall take effect on October 1, 2021. 

17 TITLE III—PRESERVING EXIST18 ING NUCLEAR ENERGY GEN19 ERATION 

20 SEC. 301. NUCLEAR REACTOR INCENTIVES. 

21 (a) DEFINITIONS.—In this section: 

22 (1) CERTIFIED NUCLEAR REACTOR.—The term 

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

24 that— 


rfrederick on DSKBCBPHB2PROD with BILLS
81 

•S 4897 RS

1 (A) operates in a competitive electricity 

2 market; and 

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

4 to submit a sealed bid in accordance with sub5 section (d). 

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

7 allocated to a certified nuclear reactor under sub8 section (e)(2). 

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

10 availability of appropriations, the Administrator, in con11 sultation with the Secretary, shall establish an emissions 

12 avoidance program— 

13 (1) to evaluate nuclear reactors that are pro14 jected to cease operations due to economic factors; and 

15 (2) to allocate credits to certified nuclear reactors 

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

17 (e) to receive credits under paragraph (2) of that sub18 section. 

19 (c) CERTIFICATION.— 

20 (1) APPLICATION.— 

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

22 under paragraph (2)(A)(i), the owner or oper23 ator of a nuclear reactor that is projected to 

24 cease operations due to economic factors shall 

25 submit to the Administrator an application at 


rfrederick on DSKBCBPHB2PROD with BILLS
82 

•S 4897 RS

1 such time, in such manner, and containing such 

2 information as the Administrator determines to 

3 be appropriate, including— 

4 (i) information on the operating costs 

5 necessary to make the examination de6 scribed in paragraph (2)(A)(ii)(II), includ7 ing— 

8 (I) the average annual operating 

9 loss per megawatt-hour expected to be 

10 incurred by the nuclear reactor over 

11 the 4-year period for which credits 

12 would be allocated; 

13 (II) any private or publicly avail14 able data with respect to current or 

15 projected bulk power market prices; 

16 (III) out-of-market revenue 

17 streams; 

18 (IV) operations and maintenance 

19 costs; 

20 (V) capital costs, including fuel; 

21 and 

22 (VI) operational and market risks; 

23 (ii) an estimate of the potential incre24 mental emissions of carbon dioxide, nitro25 gen oxides, sulfur oxides, particulate matter, 


rfrederick on DSKBCBPHB2PROD with BILLS
83 

•S 4897 RS

1 and hazardous air pollutants that would re2 sult if the nuclear reactor were to cease op3 erations; 

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

6 uranium is converted, enriched, and fab7 ricated into fuel assemblies for the nuclear 

8 reactor for the 4-year period for which cred9 its would be allocated; and 

10 (iv) a detailed plan to sustain oper11 ations at the conclusion of the applicable 4- 

12 year period for which credits would be allo13 cated— 

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 4-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 after 

24 the date of enactment of this Act; and 


rfrederick on DSKBCBPHB2PROD with BILLS
84 

•S 4897 RS

1 (ii) not less frequently than every year 

2 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, in 

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

11 nuclear reactor for which an application is 

12 submitted under subparagraph (A) of that 

13 paragraph. 

14 (ii) MINIMUM REQUIREMENTS.—To the 

15 maximum extent practicable, the Adminis16 trator, in consultation with the Secretary, 

17 shall only certify a nuclear reactor under 

18 clause (i) if— 

19 (I) the nuclear reactor has a good 

20 safety record, as determined by the Ac21 tion Matrix of the Commission or the 

22 Performance Indicators of the Reactor 

23 Oversight Process, such that the nu24 clear reactor falls under the ‘‘licensee 


rfrederick on DSKBCBPHB2PROD with BILLS
85 

•S 4897 RS

1 response’’ column indicating no cur2 rent significant safety issues; 

3 (II) after considering the informa4 tion submitted under paragraph 

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

6 that the nuclear reactor is projected to 

7 cease operations due to economic fac8 tors; and 

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

11 (1)(A)(ii), the Administrator deter12 mines that emissions of carbon dioxide, 

13 nitrogen oxides, sulfur oxides, particu14 late matter, and hazardous air pollut15 ants would increase if the nuclear reac16 tor were to cease operations and be re17 placed with other types of power gen18 eration. 

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 that 

24 is recovered, converted, enriched, and fabVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
86 

•S 4897 RS

1 ricated into fuel assemblies in the United 

2 States. 

3 (B) NOTICE.—For each application received 

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

5 consultation with the Secretary, shall provide to 

6 the applicable owner or operator, as applicable— 

7 (i) a notice of the certification of the 

8 applicable nuclear reactor; or 

9 (ii) a notice that describes the reasons 

10 why the certification of the applicable nu11 clear reactor was denied. 

12 (d) BIDDING PROCESS.— 

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

14 Administrator shall establish a deadline by which 

15 each certified nuclear reactor shall submit to the Ad16 ministrator a sealed bid that— 

17 (A) describes the price per megawatt-hour 

18 required to maintain operations of the certified 

19 nuclear reactor during the 4-year period for 

20 which the certified nuclear reactor would receive 

21 credits; and 

22 (B) includes a commitment, subject to the 

23 receipt of credits, to provide a specific number of 

24 megawatt-hours of generation during the 4-year 

25 period for which credits would be allocated. 


rfrederick on DSKBCBPHB2PROD with BILLS
87 

•S 4897 RS

1 (2) REQUIREMENT.—The deadline established 

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

3 after the first date on which the Administrator has 

4 made the determination described in paragraph 

5 (2)(A)(i) of subsection (c) with respect to each appli6 cation submitted under paragraph (1)(A) of that sub7 section. 

8 (e) ALLOCATION.— 

9 (1) AUCTION.—The Administrator, in consulta10 tion with the Secretary, shall— 

11 (A) in consultation with the heads of appli12 cable Federal agencies, establish a process for 

13 evaluating bids submitted under subsection 

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

15 (B) select certified nuclear reactors to be al16 located credits. 

17 (2) CREDITS.—Subject to subsection (f)(2), on se18 lection under paragraph (1), a certified nuclear reac19 tor shall be allocated credits for a 4-year period be20 ginning on the date of the selection. 

21 (3) REQUIREMENT.—To the maximum extent 

22 practicable, the Administrator shall use the amounts 

23 made available for credits under this section to allo24 cate credits to as many certified nuclear reactors as 

25 possible. 


rfrederick on DSKBCBPHB2PROD with BILLS
88 

•S 4897 RS

1 (f) RENEWAL.— 

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

3 certified nuclear reactor may seek to recertify the nu4 clear reactor in accordance with this section. 

5 (2) LIMITATION.—Notwithstanding any other 

6 provision of this section, the Administrator may not 

7 allocate any credits after September 30, 2026. 

8 (g) ADDITIONAL REQUIREMENTS.— 

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

10 on the date on which a certified nuclear reactor first 

11 receives a credit, the Administrator, in consultation 

12 with the Secretary, shall periodically audit the cer13 tified nuclear reactor. 

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

15 regulation, provide for the recapture of the allocation 

16 of any credit to a certified nuclear reactor that, dur17 ing the period described in paragraph (1)— 

18 (A) terminates operations; or 

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

20 the absence of an allocation of credits to the cer21 tified nuclear reactor. 

22 (3) CONFIDENTIALITY.—The Administrator, in 

23 consultation with the Secretary, shall establish proce24 dures to ensure that any confidential, private, propri25 etary, or privileged information that is included in a 


rfrederick on DSKBCBPHB2PROD with BILLS
89 

•S 4897 RS

1 sealed bid submitted under this section is not publicly 

2 disclosed or otherwise improperly used. 

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

4 Comptroller General of the United States shall submit to 

5 Congress a report with respect to the credits allocated to 

6 certified nuclear reactors, which shall include— 

7 (1) an evaluation of the effectiveness of the cred8 its in avoiding emissions of carbon dioxide, nitrogen 

9 oxides, sulfur oxides, particulate matter, and haz10 ardous air pollutants while ensuring grid reliability; 

11 (2) a quantification of the ratepayer savings 

12 achieved under this section; and 

13 (3) any recommendations to renew or expand the 

14 credits. 

15 (i) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated such sums as are necessary 

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

18 through 2026. 

19 SEC. 302. REPORT ON LESSONS LEARNED DURING THE 

20 COVID–19 PUBLIC HEALTH EMERGENCY. 

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

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

23 to the appropriate committees of Congress and make pub24 licly available a report on actions taken by the Commission 

25 during the public health emergency declared by the SecVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
90 

•S 4897 RS

1 retary of Health and Human Services under section 319 

2 of the Public Health Service Act (42 U.S.C. 247d) on Janu3 ary 31, 2020, with respect to COVID–19. 

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

5 include— 

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

7 and other regulatory policies that were revised or 

8 temporarily suspended during the public health emer9 gency described in subsection (a); 

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

11 Commission that examines how any revision or tem12 porary suspension of a process, procedure, or other 

13 regulatory policy identified under paragraph (1) may 

14 or may not have compromised the ability of the Com15 mission to license and regulate the civilian use of ra16 dioactive materials in the United States to protect 

17 public health and safety, promote the common defense 

18 and security, and protect the environment; 

19 (3) a description of any process efficiencies or 

20 challenges that resulted from the matters identified 

21 under paragraph (1); 

22 (4) a discussion of lessons learned from the mat23 ters described in paragraphs (1), (2), and (3); 

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

25 take to incorporate into the licensing activities and 


rfrederick on DSKBCBPHB2PROD with BILLS
91 

•S 4897 RS

1 regulations of the Commission, without compromising 

2 the mission of the Commission— 

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

4 and 

5 (B) the information provided under para6 graphs (2) and (3); and 

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

8 paragraph (5) may be implemented. 

9 SEC. 303. INVESTMENT BY ALLIES. 

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

11 certain licenses for utilization facilities to certain corpora12 tions and other entities described in the second sentence of 

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

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

15 Act (42 U.S.C. 2134(d)) shall not apply to an entity de16 scribed in subsection (b) if the Commission determines that 

17 issuance of the applicable license to that entity is not inim18 ical to— 

19 (1) the common defense and security; or 

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

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

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

23 controlled, or dominated by— 

24 (1) the government of— 


rfrederick on DSKBCBPHB2PROD with BILLS
92 

•S 4897 RS

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

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

3 includes the United Kingdom, Germany, Can4 ada, Japan, France, and Italy; or 

5 (B) the Republic of Korea; 

6 (2) a corporation that is incorporated in a coun7 try described in subparagraph (A) or (B) of para8 graph (1); or 

9 (3) an alien who is a national of a country de10 scribed in subparagraph (A) or (B) of paragraph (1). 

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

12 Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amend13 ed, in the second sentence, by striking ‘‘any any’’ and in14 serting ‘‘any’’. 

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

16 the requirements of section 721 of the Defense Production 

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

18 TITLE IV—REVITALIZING AMER19 ICA’S NUCLEAR SUPPLY 

20 CHAIN INFRASTRUCTURE 

21 SEC. 401. ADVANCED NUCLEAR FUEL APPROVAL. 

22 (a) AGENCY COORDINATION.— 

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

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


rfrederick on DSKBCBPHB2PROD with BILLS
93 

•S 4897 RS

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 entered 

5 into under paragraph (1) shall require the Depart6 ment and the Commission to coordinate, as appro7 priate— 

8 (A) to ensure that the Department has suffi9 cient technical expertise to support the timely re10 search, development, demonstration, and com11 mercial application by the civilian nuclear in12 dustry of innovative advanced nuclear fuels, in13 cluding by facilitating the development and 

14 sharing of criticality benchmark data to sup15 port— 

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 weight 

23 percent, of the uranium-235 isotope; 

24 and 


rfrederick on DSKBCBPHB2PROD with BILLS
94 

•S 4897 RS

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 weight 

13 percent, of the uranium-235 isotope; 

14 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 suf22 ficient technical expertise to support the evalua23 tion of advanced nuclear fuels; 

24 (C) to identify methods to improve the use 

25 of computers and software codes to calculate the 


rfrederick on DSKBCBPHB2PROD with BILLS
95 

•S 4897 RS

1 behavior and performance of advanced nuclear 

2 fuels based on mathematical models of the phys3 ical 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 180 

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

15 shall submit to the appropriate committees of Congress a 

16 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 less 

24 than 10 weight percent, of the uranium-235 

25 isotope; and 


rfrederick on DSKBCBPHB2PROD with BILLS
96 

•S 4897 RS

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, of 

5 the uranium-235 isotope; and 

6 (B) the certification of transportation pack7 ages for— 

8 (i) advanced nuclear fuels containing 

9 high-assay, low-enriched uranium with an 

10 assay greater than 5 weight percent, but less 

11 than 10 weight percent, of the uranium-235 

12 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, of 

17 the uranium-235 isotope; 

18 (2) identifies and describes any updates to regu19 lations, 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— 


rfrederick on DSKBCBPHB2PROD with BILLS
97 

•S 4897 RS

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

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

4 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 per8 cent, 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 regu14 lations, 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 the 

23 uranium-235 isotope; or 

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

25 with an assay greater than or equal to 10 


rfrederick on DSKBCBPHB2PROD with BILLS
98 

•S 4897 RS

1 weight percent, but less than 20 weight per2 cent, 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 re8 lated to— 

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

11 weight percent, but less than 10 weight 

12 percent, of the uranium-235 isotope; or 

13 (II) high-assay, low-enriched ura14 nium with an assay greater than or 

15 equal to 10 weight percent, but less 

16 than 20 weight percent, of the ura17 nium-235 isotope; or 

18 (ii) are unique to— 

19 (I) high-assay, low-enriched ura20 nium with an assay greater than 5 

21 weight percent, but less than 10 weight 

22 percent, of the uranium-235 isotope; or 

23 (II) high-assay, low-enriched ura24 nium with an assay greater than or 

25 equal to 10 weight percent, but less 


rfrederick on DSKBCBPHB2PROD with BILLS
99 

•S 4897 RS

1 than 20 weight percent, of the ura2 nium-235 isotope; 

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

4 regulatory requirements, or policies identified 

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

6 that subparagraph; and 

7 (C) the extent to which the data needs, regu8 latory requirements, or policies identified under 

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

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

11 with an assay greater than 5 weight per12 cent, but less than 10 weight percent, of the 

13 uranium-235 isotope; or 

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

15 with an assay greater than or equal to 10 

16 weight percent, but less than 20 weight per17 cent, of the uranium-235 isotope; and 

18 (5) includes a timeline for completing the up19 dates described in paragraphs (2) and (3) within the 

20 existing regulatory framework. 

21 SEC. 402. NATIONAL STRATEGIC URANIUM RESERVE. 

22 (a) DEFINITIONS.—In this section: 

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

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


rfrederick on DSKBCBPHB2PROD with BILLS
100 

•S 4897 RS

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

2 Reserve’’ means the uranium reserve operated pursu3 ant to the program. 

4 (b) ESTABLISHMENT.— 

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

6 the date of enactment of this Act, the Secretary, sub7 ject to the availability of appropriations, shall estab8 lish a program to operate a uranium reserve in ac9 cordance with this section. 

10 (2) AUTHORITY.—In establishing the program 

11 and operating the Uranium Reserve, the Secretary 

12 shall use the authority granted to the Secretary by 

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

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

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

16 are— 

17 (1) to provide assurance of the availability of 

18 uranium recovered in the United States in the event 

19 of a market disruption; and 

20 (2) to support strategic fuel cycle capabilities in 

21 the United States. 

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

23 Uranium Reserve uranium that is recovered in the United 

24 States by an entity that— 


rfrederick on DSKBCBPHB2PROD with BILLS
101 

•S 4897 RS

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

2 the Russian Federation or the Government of the Peo3 ple’s Republic of China; or 

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

5 subject to the jurisdiction of, the Russian Federation 

6 or the People’s Republic of China. 

7 (e) ACQUISITION.— 

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

9 for the Uranium Reserve only uranium recovered 

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

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

12 mined. 

13 (2) FACILITIES DESCRIBED.—A facility referred 

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

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

16 the date of enactment of this Act; 

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

18 (iii) is not the subject of an enforcement ac19 tion that— 

20 (I) was taken— 

21 (aa) in response to a violation of 

22 a regulation in part 40 of title 10, 

23 Code of Federal Regulations (or suc24 cessor regulations); and 


rfrederick on DSKBCBPHB2PROD with BILLS
102 

•S 4897 RS

1 (bb) during the 1-year period end2 ing on the date on which the uranium 

3 is acquired for the Uranium Reserve; 

4 and 

5 (II) was characterized as ‘‘escalated 

6 enforcement’’; or 

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

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

9 an agreement with the Commission under section 

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

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

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

13 (iii) is not the subject of an enforcement ac14 tion that— 

15 (I) was taken— 

16 (aa) in response to a violation of 

17 an applicable State requirement that is 

18 compatible with the regulations of the 

19 Commission in part 40 of title 10, 

20 Code of Federal Regulations (or suc21 cessor regulations); and 

22 (bb) during the 1-year period end23 ing on the date on which the uranium 

24 is acquired for the Uranium Reserve; 

25 and 


rfrederick on DSKBCBPHB2PROD with BILLS
103 

•S 4897 RS

1 (II) was subject to further administra2 tive actions, further orders, or the equiva3 lent of further administrative actions or or4 ders that, alone or in combination, are 

5 equivalent to an enforcement action of the 

6 Commission that would be characterized as 

7 ‘‘escalated enforcement’’ by the Commission, 

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

9 (3) REQUIREMENT.— 

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

11 subparagraph (B), with respect to any uranium 

12 ore acquired by a facility described in paragraph 

13 (2) that has been mined, the Secretary may ac14 quire for the Uranium Reserve only uranium ex15 tracted from a conventional mine that is not lo16 cated on— 

17 (i) Tribal land; 

18 (ii) land located within the outer 

19 boundaries of the parcels of land described 

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

21 2563 (January 18, 2012)); or 

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

23 2020, is permanently withdrawn from loca24 tion and entry under sections 2319 through 

25 2344 of the Revised Statutes (commonly 


rfrederick on DSKBCBPHB2PROD with BILLS
104 

•S 4897 RS

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

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

3 (B) REMOVAL AND REMEDIAL ACTIONS.— 

4 The Secretary may acquire for the Uranium Re5 serve uranium recovered from material obtained 

6 as a result of removal or remedial actions car7 ried out on abandoned mine land located on 

8 Tribal land. 

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

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

11 shall publish a request for information to help the Secretary 

12 evaluate— 

13 (1) options for the operation and management of 

14 the Uranium Reserve; 

15 (2) contractual mechanisms pursuant to which 

16 the Secretary could acquire uranium; and 

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

18 storage of uranium in the Uranium Reserve. 

19 (g) BUDGET REQUEST.—For each fiscal year begin20 ning after the date of enactment of this Act, the Secretary 

21 shall include in the budget justification submitted to Con22 gress pursuant to section 1105 of title 31, United States 

23 Code— 


rfrederick on DSKBCBPHB2PROD with BILLS
105 

•S 4897 RS

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 storage 

6 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 submit 

12 to the appropriate committees of Congress a report (referred 

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

14 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 devel22 opers; 

23 (6) the manufacturing and construction indus24 tries; 

25 (7) standards development organizations; 


rfrederick on DSKBCBPHB2PROD with BILLS
106 

•S 4897 RS

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 construc14 tion 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 innovative 

25 advanced manufacturing processes and advanced 


rfrederick on DSKBCBPHB2PROD with BILLS
107 

•S 4897 RS

1 construction techniques that are not addressed by 

2 existing codes and standards, so that generic 

3 guidance may be updated or created, as nec4 essary; 

5 (D) identify options for addressing the 

6 issues, requirements, and opportunities examined 

7 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 Commission 

12 action is needed to implement any matter de13 scribed in the report. 

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

16 proposed budgets, and proposed timeframes for imple17 menting risk-informed and performance-based regu18 latory guidance for manufacturing and construction 

19 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 


rfrederick on DSKBCBPHB2PROD with BILLS
108 

•S 4897 RS

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

2 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 ‘Commission’ 

8 means the Nuclear Regulatory Commission. 

9 ‘‘(B) INSTITUTION OF HIGHER EDU10 CATION.—The term ‘institution of higher edu11 cation’ has the meaning given the term in sec12 tion 101(a) of the Higher Education Act of 1965 

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

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

15 ‘National Laboratory’ has the meaning given the 

16 term in section 2 of the Energy Policy Act of 

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

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

19 establish, as a subprogram of the Integrated Univer20 sity Program established under this section, a work21 force development subprogram under which the Com22 mission, in coordination with institutions of higher 

23 education and trade schools, shall competitively 

24 award traineeships that provide focused training to 


rfrederick on DSKBCBPHB2PROD with BILLS
109 

•S 4897 RS

1 meet critical mission needs of the Commission and 

2 nuclear workforce needs, including needs relating to— 

3 ‘‘(A) nuclear criticality safety; and 

4 ‘‘(B) the nuclear tradecraft workforce. 

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

6 workforce development program described in para7 graph (2), the Commission shall— 

8 ‘‘(A) coordinate with the Secretary to 

9 prioritize the funding of traineeships that focus 

10 on— 

11 ‘‘(i) nuclear workforce needs; and 

12 ‘‘(ii) critical mission needs of the Com13 mission; 

14 ‘‘(B) encourage appropriate partnerships 

15 among— 

16 ‘‘(i) National Laboratories; 

17 ‘‘(ii) institutions of higher education; 

18 ‘‘(iii) trade schools; and 

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

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

21 workforce needs for the purpose of implementing 

22 traineeships in focused topical areas that— 

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

24 community; and 


rfrederick on DSKBCBPHB2PROD with BILLS
110 

•S 4897 RS

1 ‘‘(ii) support critical mission needs of 

2 the Commission.’’. 

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

4 AND HIGH-LEVEL RADIOACTIVE WASTE IN5 VENTORY IN THE UNITED STATES. 

6 (a) DEFINITIONS.—In this section: 

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

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

9 given the term in section 2 of the Nuclear Waste Pol10 icy Act of 1982 (42 U.S.C. 10101). 

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

12 nuclear fuel’’ has the meaning given the term in sec13 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

14 U.S.C. 10101). 

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

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

17 in section 961.3 of title 10, Code of Federal Regula18 tions (or a successor regulation). 

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

20 annually thereafter, the Secretary shall submit to Congress 

21 a report that describes— 

22 (1) the annual and cumulative amount of pay23 ments made by the United States to the holder of a 

24 standard contract due to a partial breach of contract 

25 under the Nuclear Waste Policy Act of 1982 (42 


rfrederick on DSKBCBPHB2PROD with BILLS
111 

•S 4897 RS

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

2 to the holder; 

3 (2) the amount spent by the Department to re4 duce future payments projected to be made by the 

5 United States to any holder of a standard contract 

6 due to a partial breach of contract under the Nuclear 

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

8 (3) the cumulative amount spent by the Depart9 ment to store, manage, and dispose of spent nuclear 

10 fuel and high-level radioactive waste in the United 

11 States as of the date of the report; 

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

13 transport, and dispose of the projected inventory of 

14 spent nuclear fuel and high-level radioactive waste in 

15 the United States, including spent nuclear fuel and 

16 high-level radioactive waste expected to be generated 

17 from existing reactors through 2050; 

18 (5) any mechanisms for better accounting of li19 abilities for the lifecycle costs of the spent nuclear fuel 

20 and high-level radioactive waste inventory in the 

21 United States; and 

22 (6) any recommendations for improving the 

23 methods used by the Department for the accounting of 

24 spent nuclear fuel and high-level radioactive waste 

25 costs and liabilities. 


rfrederick on DSKBCBPHB2PROD with BILLS
112 

•S 4897 RS

1 SEC. 503. AUTHORIZATION OF APPROPRIATIONS FOR 

2 SUPERFUND ACTIONS AT ABANDONED MIN3 ING SITES ON TRIBAL LAND. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ELIGIBLE NON-NPL SITE.—The term ‘‘eligi6 ble non-NPL site’’ means a site that— 

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

8 but 

9 (B) the Administrator determines would be 

10 eligible for listing on the National Priorities List 

11 based on the presence of hazards from contami12 nation at the site, applying the hazard ranking 

13 system described in section 105(c) of the Com14 prehensive Environmental Response, Compensa15 tion, and Liability Act of 1980 (42 U.S.C. 

16 9605(c)). 

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

18 has the meaning given the term ‘‘Indian tribe’’ in sec19 tion 101 of the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act of 1980 (42 

21 U.S.C. 9601). 

22 (3) NATIONAL PRIORITIES LIST.—The term ‘‘Na23 tional Priorities List’’ means the National Priorities 

24 List developed by the President in accordance with 

25 section 105(a)(8)(B) of the Comprehensive EnvironVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
113 

•S 4897 RS

1 mental Response, Compensation, and Liability Act of 

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

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated for each of fiscal years 2021 

5 through 2030, to remain available until expended— 

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

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

8 (2) $3,000,000 to the Administrator of the Agen9 cy for Toxic Substances and Disease Registry to carry 

10 out subsection (d). 

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

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

13 (1) to carry out removal actions on abandoned 

14 mine land located on Tribal land; 

15 (2) to carry out remedial actions on abandoned 

16 mine land located on Tribal land at— 

17 (A) eligible non-NPL sites; and 

18 (B) sites listed on the National Priorities 

19 List; and 

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

21 (d) HEALTH ASSESSMENTS.—Subject to the avail22 ability of appropriations, the Agency for Toxic Substances 

23 and Disease Registry, in coordination with Tribal health 

24 authorities, shall perform 1 or more health assessments at 

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


rfrederick on DSKBCBPHB2PROD with BILLS
114 

•S 4897 RS

1 (e) GRANTS FOR TECHNICAL ASSISTANCE.— 

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

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

4 make grants to Indian Tribes on whose land is lo5 cated an eligible non-NPL site. 

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

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

8 second sentence of section 117(e)(1) of the Comprehen9 sive Environmental Response, Compensation, and Li10 ability Act of 1980 (42 U.S.C. 9617(e)(1)). 

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

12 shall be governed by the rules, procedures, and limita13 tions described in section 117(e)(2) of the Comprehen14 sive Environmental Response, Compensation, and Li15 ability Act of 1980 (42 U.S.C. 9617(e)(2)), except 

16 that— 

17 (A) ‘‘Administrator of the Environmental 

18 Protection Agency’’ shall be substituted for 

19 ‘‘President’’ each place it appears in that sec20 tion; and 

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

22 ‘‘under section 503 of the American Nuclear In23 frastructure Act of 2020’’ shall be substituted for 

24 ‘‘under this subsection’’. 


rfrederick on DSKBCBPHB2PROD with BILLS
115 

•S 4897 RS

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

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

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

4 (as defined in section 101 of the Comprehensive Environ5 mental Response, Compensation, and Liability Act of 1980 

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

7 unless the action is commenced within the timeframe pro8 vided for such actions with respect to facilities on the Na9 tional Priorities List in the first sentence of the matter fol10 lowing subparagraph (B) of section 113(g)(1) of that Act 

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

12 (g) COORDINATION.—The Administrator shall coordi13 nate with the Indian Tribe on whose land the applicable 

14 site is located in— 

15 (1) selecting and prioritizing sites for removal 

16 actions and remedial actions under paragraphs (1) 

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

18 (2) carrying out those removal actions and reme19 dial actions. 

20 SEC. 504. NUCLEAR CLOSURE COMMUNITIES. 

21 (a) DEFINITIONS.—In this section: 

22 (1) COMMUNITY ADVISORY BOARD.—The term 

23 ‘‘community advisory board’’ means a community 

24 committee or other advisory organization that aims to 

25 foster communication and information exchange beVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
116 

•S 4897 RS

1 tween a licensee planning for and involved in decom2 missioning activities and members of the community 

3 that decommissioning activities may affect. 

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

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

6 10, Code of Federal Regulations (or successor regula7 tions). 

8 (3) ELIGIBLE RECIPIENT.—The term ‘‘eligible re9 cipient’’ has the meaning given the term in section 3 

10 of the Public Works and Economic Development Act 

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

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) NUCLEAR CLOSURE COMMUNITY.—The term 

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

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

19 school district, or special district that has been im20 pacted, or reasonably demonstrates to the satisfaction 

21 of the Secretary, that it will be impacted, by a nu22 clear power plant licensed by the Commission that 

23 has ceased operation or has provided a written notifi24 cation to the Commission that it will cease operations 

25 as of the date of enactment of this Act. 


rfrederick on DSKBCBPHB2PROD with BILLS
117 

•S 4897 RS

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

2 the Secretary of Commerce, acting through the Assist3 ant Secretary of Commerce for Economic Develop4 ment. 

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

6 the date of enactment of this Act, the Secretary shall estab7 lish a grant program to provide grants to eligible recipi8 ents— 

9 (1) to assist with economic development in nu10 clear closure communities; and 

11 (2) to fund community advisory boards in nu12 clear closure communities. 

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

14 the maximum extent practicable, the Secretary shall imple15 ment the recommendations described in the report sub16 mitted to Congress under section 108 of the Nuclear Energy 

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

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

19 and Operation of Local Community Advisory Boards Asso20 ciated with Decommissioning Activities at Nuclear Power 

21 Plants’’. 

22 (d) DISTRIBUTION OF FUNDS.—The Secretary shall es23 tablish a formula to ensure, to the maximum extent prac24 ticable, geographic diversity among grant recipients under 

25 this section. 


rfrederick on DSKBCBPHB2PROD with BILLS
118 

•S 4897 RS

1 (e) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) IN GENERAL.—There are authorized to be ap3 propriated to the Secretary— 

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

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

6 2026; and 

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

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

9 2023. 

10 (2) AVAILABILITY.—Amounts made available 

11 under this section shall remain available for a period 

12 of 5 years beginning on the date on which the 

13 amounts are made available. 

14 (3) NO OFFSET.—None of the funds made avail15 able under this section may be used to offset the fund16 ing for any other Federal program. 

17 SEC. 505. REPORT ON CORPORATE SUPPORT. 

18 Not later than 180 days after the date of enactment 

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

20 committees of Congress and make publicly available a re21 port that describes— 

22 (1) the progress on the implementation of section 

23 102(a)(3) of the Nuclear Energy Innovation and Mod24 ernization Act (42 U.S.C. 2215(a)(3)); and 


rfrederick on DSKBCBPHB2PROD with BILLS
119 

•S 4897 RS

1 (2) whether the Commission is meeting and is 

2 expected to meet the total budget authority caps re3 quired for corporate support under that section. 

4 SEC. 506. TECHNICAL CORRECTION. 

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

6 U.S.C. 2134(c)) is amended— 

7 (1) by striking the third sentence and inserting 

8 the following: 

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

10 The Commission may issue a license under this sec11 tion for a utilization facility useful in the conduct of 

12 research and development activities of the types speci13 fied in section 31 if— 

14 ‘‘(A) not more than 75 percent of the an15 nual costs to the licensee of owning and oper16 ating the facility are devoted to the sale, other 

17 than for research and development or education 

18 and training, of— 

19 ‘‘(i) nonenergy services; 

20 ‘‘(ii) energy; or 

21 ‘‘(iii) a combination of nonenergy serv22 ices and energy; and 

23 ‘‘(B) not more than 50 percent of the an24 nual costs to the licensee of owning and operVerDate Sep 11 2014 02:42 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\S4897.RS S4897

rfrederick on DSKBCBPHB2PROD with BILLS
120 

•S 4897 RS

1 ating the facility are devoted to the sale of en2 ergy.’’; 

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

4 Commission’’ and inserting the following: 

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

6 (3) by striking ‘‘c. The Commission’’ and insert7 ing the following: 

8 ‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 

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

10 and (3), the Commission’’. 


rfrederick on DSKBCBPHB2PROD with BILLS

rfrederick on DSKBCBPHB2PROD with BILLS
Calendar No. 598 

116TH CONGRESS 

2D SESSION S. 4897 

A BILL 

To reestablish United States global leadership in 

purposes. the regulation of nuclear energy, and for other of advanced nuclear technologies, and improve supply chain infrastructure, support the licensing nuclear energy, revitalize domestic nuclear energy 

DECEMBER 2, 2020 

Reported with an amendment 


rfrederick on DSKBCBPHB2PROD with BILLS