II 

117TH CONGRESS 

1ST SESSION S. 2373 

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 

JULY 15, 2021 

Mrs. CAPITO (for herself, Mr. WHITEHOUSE, Mr. BARRASSO, Mr. BOOKER, 

and Mr. CRAPO) introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To reestablish United States global leadership in nuclear 

energy, revitalize domestic nuclear energy supply chain 

infrastructure, support the licensing of advanced nuclear 

technologies, and improve the regulation of nuclear energy, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘American Nuclear Infrastructure Act of 2021’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—REESTABLISHING AMERICAN INTERNATIONAL 

COMPETITIVENESS AND GLOBAL LEADERSHIP 

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

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

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 AND WORKFORCE 

Sec. 401. Report on advanced methods of manufacturing and construction for 

nuclear energy applications. 

Sec. 402. Nuclear energy traineeship. 

TITLE V—MISCELLANEOUS 

Sec. 501. Annual report on the spent nuclear fuel and high-level radioactive 

waste inventory in the United States. 

Sec. 502. Authorization of appropriations for superfund actions at abandoned 

mining sites on Tribal land. 

Sec. 503. Nuclear closure communities. 

Sec. 504. Report on corporate support. 

Sec. 505. Technical correction. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ACCIDENT TOLERANT FUEL.—The term 

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

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

2 132 Stat. 5577). 

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

6 (3) ADVANCED NUCLEAR FUEL.—The term 

7 ‘‘advanced nuclear fuel’’ means— 

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

11 note; Public Law 115–439)); and 

12 (B) accident tolerant fuel. 

13 (4) ADVANCED NUCLEAR REACTOR.—The term 

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

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

17 Public Law 115–439). 

18 (5) APPROPRIATE COMMITTEES OF

19 CONGRESS.—The term ‘‘appropriate committees of 

20 Congress’’ means— 

21 (A) the Committee on Environment and 

22 Public Works of the Senate; and 

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


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

2 the Chairman of the Nuclear Regulatory Commis3 sion. 

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

5 means the Nuclear Regulatory Commission. 

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

7 means the Department of Energy. 

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

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

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

11 successor regulation). 

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

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

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

17 (11) INSTITUTION OF HIGHER EDUCATION.— 

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

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

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

21 (12) NATIONAL LABORATORY.—The term ‘‘Na22 tional Laboratory’’ has the meaning given the term 

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

24 U.S.C. 15801). 


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

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

3 given those terms in section 101 of the Comprehen4 sive Environmental Response, Compensation, and 

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

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

7 means the Secretary of Energy. 

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

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

10 section 1151 of title 18, United States Code. 

11 TITLE I—REESTABLISHING 

12 AMERICAN INTERNATIONAL 

13 COMPETITIVENESS AND 

14 GLOBAL LEADERSHIP 

15 SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 

16 AND INNOVATION ACTIVITIES. 

17 (a) COORDINATION.— 

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

19 (A) coordinate all work of the Commission 

20 relating to— 

21 (i) nuclear reactor import and export 

22 licensing; and 

23 (ii) international regulatory coopera24 tion and assistance relating to nuclear re25 actors, including with countries that are 


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1 members of the Organisation for Economic 

2 Co-operation and Development; and 

3 (B) support interagency and international 

4 coordination with respect to— 

5 (i) the consideration of international 

6 technical standards to establish the licens7 ing and regulatory basis to assist the de8 sign, construction, and operation of nu9 clear systems; 

10 (ii) efforts to help build competent nu11 clear regulatory organizations and legal 

12 frameworks in countries seeking to develop 

13 nuclear power; and 

14 (iii) exchange programs and training 

15 provided to other countries relating to nu16 clear regulation and oversight to improve 

17 nuclear technology licensing, in accordance 

18 with paragraph (2). 

19 (2) EXCHANGE PROGRAMS AND TRAINING.— 

20 With respect to the exchange programs and training 

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

22 shall coordinate, as applicable, with— 

23 (A) the Secretary; 

24 (B) National Laboratories; 

25 (C) the private sector; and 


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1 (D) institutions of higher education. 

2 (b) AUTHORITY TO ESTABLISH BRANCH.—The Com3 mission may establish within the Office of International 

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

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

6 out such international nuclear reactor export and innova7 tion activities as the Commission determines to be appro8 priate and within the mission of the Commission. 

9 (c) EXCLUSION OF INTERNATIONAL ACTIVITIES

10 FROM THE FEE BASE.— 

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

12 Energy Innovation and Modernization Act (42 

13 U.S.C. 2215) is amended— 

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

15 the following: 

16 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX17 PORT AND INNOVATION ACTIVITIES.—The Commis18 sion shall identify in the annual budget justification 

19 international nuclear reactor export and innovation 

20 activities described in section 101(a) of the Amer21 ican Nuclear Infrastructure Act of 2021.’’; and 

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

23 the end the following: 

24 ‘‘(iv) Costs for international nuclear 

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1 scribed in section 101(a) of the American 

2 Nuclear Infrastructure Act of 2021.’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

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

5 2022. 

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

7 the authority of the Commission to license and regulate 

8 the civilian use of radioactive materials. 

9 SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 

10 NATIONAL SECURITY PURPOSES. 

11 (a) DEFINITION OF COVERED FUEL.—In this sec12 tion, the term ‘‘covered fuel’’ means enriched uranium 

13 that is fabricated into fuel assemblies for nuclear reactors 

14 by an entity that— 

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

16 the Russian Federation or the Government of the 

17 People’s Republic of China; or 

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

19 subject to the jurisdiction of, the Russian Federation 

20 or the People’s Republic of China. 

21 (b) PROHIBITION ON UNLICENSED POSSESSION OR

22 OWNERSHIP OF COVERED FUEL.—Unless specifically au23 thorized by the Commission in a license issued under sec24 tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 

25 2073) and part 70 of title 10, Code of Federal Regulations 


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1 (or successor regulations), no person subject to the juris2 diction of the Commission may possess or own covered 

3 fuel. 

4 (c) LICENSE TO POSSESS OR OWN COVERED

5 FUEL.— 

6 (1) CONSULTATION REQUIRED PRIOR TO

7 ISSUANCE.—The Commission shall not issue a li8 cense to possess or own covered fuel under section 

9 53 of the Atomic Energy Act of 1954 (42 U.S.C. 

10 2073) and part 70 of title 10, Code of Federal Reg11 ulations (or successor regulations), unless the Com12 mission has first consulted with the Secretary and 

13 the Secretary of State before issuing the license. 

14 (2) PROHIBITION ON ISSUANCE OF LICENSE.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (C), a license to possess or own covered 

17 fuel shall not be issued if the Secretary and the 

18 Secretary of State make the determination de19 scribed in subparagraph (B). 

20 (B) DETERMINATION.— 

21 (i) IN GENERAL.—The determination 

22 referred to in subparagraph (A) is a deter23 mination that possession or ownership, as 

24 applicable, of covered fuel poses a threat to 

25 the national security of the United States 


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1 that adversely impacts the physical and 

2 economic security of the United States. 

3 (ii) JOINT DETERMINATION.—A deter4 mination described in clause (i) shall be 

5 jointly made by the Secretary and the Sec6 retary of State. 

7 (iii) TIMELINE.— 

8 (I) NOTICE OF APPLICATION.— 

9 Not later than 30 days after the date 

10 on which the Commission receives an 

11 application for a license to possess or 

12 own covered fuel, the Commission 

13 shall notify the Secretary and the Sec14 retary of State of the application. 

15 (II) DETERMINATION.—The Sec16 retary and the Secretary of State shall 

17 have a period of 180 days, beginning 

18 on the date on which the Commission 

19 notifies the Secretary and the Sec20 retary of State under subclause (I) of 

21 an application for a license to possess 

22 or own covered fuel, in which to make 

23 the determination described in clause 

24 (i). 


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1 (III) COMMISSION NOTIFICA2 TION.—On making the determination 

3 described in clause (i), the Secretary 

4 and the Secretary of State shall im5 mediately notify the Commission. 

6 (IV) CONGRESSIONAL NOTIFICA7 TION.—Not later than 30 days after 

8 the date on which the Secretary and 

9 the Secretary of State notify the Com10 mission under subclause (III), the 

11 Commission shall notify the appro12 priate committees of Congress of the 

13 determination. 

14 (V) PUBLIC NOTICE.—Not later 

15 than 15 days after the date on which 

16 the Commission notifies Congress 

17 under subclause (IV) of a determina18 tion made under clause (i), the Com19 mission shall make that determination 

20 publicly available. 

21 (C) EFFECT OF NO DETERMINATION.— 

22 The prohibition described in subparagraph (A) 

23 shall not apply if the Secretary and the Sec24 retary of State do not make the determination 


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1 described in subparagraph (B) by the date de2 scribed in clause (iii)(II) of that subparagraph. 

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

4 any treaty or international agreement in effect on the date 

5 of enactment of this Act. 

6 SEC. 103. EXPORT LICENSE REQUIREMENTS. 

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

8 this section, the term ‘‘low-enriched uranium’’ means ura9 nium enriched to less than 20 percent of the uranium10 235 isotope. 

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

12 an export license for the transfer of any item described 

13 in subsection (d) to a country described in subsection (c) 

14 unless the Commission makes a determination that such 

15 transfer will not be inimical to the interests of the United 

16 States. 

17 (c) COUNTRIES DESCRIBED.—A country referred to 

18 in subsection (b) is a country that— 

19 (1) has not concluded and ratified an Addi20 tional Protocol to its safeguards agreement with the 

21 International Atomic Energy Agency; or 

22 (2) has not ratified or acceded to the amend23 ment to the Convention on the Physical Protection 

24 of Nuclear Material, signed at Vienna and New York 

25 March 3, 1980, described in the information circular 


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1 of the International Atomic Energy Agency num2 bered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 

3 2016. 

4 (d) ITEMS DESCRIBED.—An item referred to in sub5 section (b) includes— 

6 (1) unirradiated nuclear fuel containing special 

7 nuclear material (as defined in section 11 of the 

8 Atomic Energy Act of 1954 (42 U.S.C. 2014)), ex9 cluding low-enriched uranium; 

10 (2) a nuclear reactor that uses nuclear fuel de11 scribed in paragraph (1); and 

12 (3) any plant or component listed in Appendix 

13 I to part 110 of title 10, Code of Federal Regula14 tions (or successor regulations), that is involved in— 

15 (A) the reprocessing of irradiated nuclear 

16 reactor fuel elements; 

17 (B) the separation of plutonium; or 

18 (C) the separation of the uranium-233 iso19 tope. 

20 (e) NOTIFICATION.—If the Commission makes a de21 termination under subsection (b) that the transfer of any 

22 item described in subsection (d) to a country described in 

23 subsection (c) will not be inimical to the interests of the 

24 United States, the Commission shall notify the appro25 priate committees of Congress. 


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1 TITLE II—EXPANDING NUCLEAR 

2 ENERGY THROUGH AD3 VANCED NUCLEAR TECH4 NOLOGIES 

5 SEC. 201. ADVANCED NUCLEAR REACTOR PRIZES. 

6 Section 103 of the Nuclear Energy Innovation and 

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

8 is amended by adding at the end the following: 

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

11 ‘‘(1) PRIZE FOR ADVANCED NUCLEAR REACTOR

12 LICENSING.— 

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

16 category described in subparagraph (C), an 

17 award in an amount described in subparagraph 

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

19 Commission issues— 

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

22 title 10, Code of Federal Regulations (or 

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1 mission as of the date of enactment of this 

2 subsection; or 

3 ‘‘(ii) a finding required under section 

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

6 combined license for an advanced nuclear 

7 reactor— 

8 ‘‘(I) that is issued under subpart 

9 C of part 52 of that title (or successor 

10 regulations); and 

11 ‘‘(II) for which an application 

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

14 this subsection. 

15 ‘‘(B) AMOUNT OF AWARD.—An award 

16 under subparagraph (A) shall be in an amount 

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

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

21 that subparagraph, including, as applicable, 

22 costs relating to the issuance of an associated 

23 construction permit described in section 50.23 

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1 fined in section 52.1 of that title (or successor 

2 regulations)). 

3 ‘‘(C) AWARD CATEGORIES.—An award 

4 under subparagraph (A) may be made for— 

5 ‘‘(i) the first advanced nuclear reactor 

6 for which the Commission issues— 

7 ‘‘(I) a license in accordance with 

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

9 ‘‘(II) a finding in accordance 

10 with clause (ii) of that subparagraph; 

11 ‘‘(ii) an advanced nuclear reactor 

12 that— 

13 ‘‘(I) uses isotopes derived from 

14 spent nuclear fuel (as defined in sec15 tion 2 of the Nuclear Waste Policy 

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

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

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

21 (I) for which the Commission issues— 

22 ‘‘(aa) a license in accordance 

23 with clause (i) of subparagraph 

24 (A); or 


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

4 ‘‘(iii) an advanced nuclear reactor 

5 that— 

6 ‘‘(I) operates flexibly to generate 

7 electricity or high temperature process 

8 heat for nonelectric applications; and 

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

11 (I) for which the Commission issues— 

12 ‘‘(aa) a license in accordance 

13 with clause (i) of subparagraph 

14 (A); or 

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

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

19 award under this subsection shall not exceed the 

20 total amount expended (excluding any expenditures 

21 made with Federal funds received for the applicable 

22 project and an amount equal to the minimum cost23 share required under section 988 of the Energy Pol24 icy Act of 2005 (42 U.S.C. 16352)) by the entity reVerDate Sep 11 2014 15:33 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2373.IS S2373

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1 ceiving the award for licensing costs relating to the 

2 project for 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 

7 date of enactment of this Act, the Commission shall sub8 mit to the appropriate committees of Congress a report 

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

10 unique licensing issues or requirements relating to— 

11 (1) the flexible operation of nuclear reactors, 

12 such as ramping power output and switching be13 tween electricity generation and nonelectric applica14 tions; 

15 (2) the use of advanced nuclear reactors exclu16 sively for nonelectric applications; and 

17 (3) the colocation of nuclear reactors with in18 dustrial plants or other facilities. 

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

20 the Commission shall seek input from— 

21 (1) the Secretary; 

22 (2) the nuclear energy industry; 

23 (3) technology developers; 

24 (4) the industrial, chemical, and medical sec25 tors; 


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1 (5) nongovernmental organizations; and 

2 (6) other public stakeholders. 

3 (c) CONTENTS.— 

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

5 (A) any unique licensing issues or require6 ments relating to the matters described in para7 graphs (1) through (3) of subsection (a), in8 cluding, with respect to the nonelectric applica9 tions referred to in paragraphs (1) and (2) of 

10 that subsection, any licensing issues or require11 ments relating to the use of nuclear energy in— 

12 (i) hydrogen or other liquid and gas13 eous fuel or chemical production; 

14 (ii) water desalination and wastewater 

15 treatment; 

16 (iii) heat for industrial processes; 

17 (iv) district heating; 

18 (v) energy storage; 

19 (vi) industrial or medical isotope pro20 duction; and 

21 (vii) other applications, as identified 

22 by the Commission; 

23 (B) options for addressing those issues or 

24 requirements— 


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1 (i) within the existing regulatory 

2 framework; 

3 (ii) as part of the technology-inclusive 

4 regulatory framework required under sub5 section (a)(4) of section 103 of the Nuclear 

6 Energy Innovation and Modernization Act 

7 (42 U.S.C. 2133 note; Public Law 115– 

8 439) or described in the report required 

9 under subsection (e) of that section (Public 

10 Law 115–439; 132 Stat. 5575); or 

11 (iii) through a new rulemaking; and 

12 (C) the extent to which Commission action 

13 is needed to implement any matter described in 

14 the report. 

15 (2) COST ESTIMATES, BUDGETS, AND TIME16 FRAMES.—The report shall include cost estimates, 

17 proposed budgets, and proposed timeframes for im18 plementing risk-informed and performance-based 

19 regulatory guidance in the licensing of nuclear reac20 tors for nonelectric applications. 

21 SEC. 203. ENABLING PREPARATIONS FOR THE DEMONSTRA22 TION OF ADVANCED NUCLEAR REACTORS ON 

23 DEPARTMENT SITES. 

24 (a) IN GENERAL.—Section 102(b)(1)(B) of the Nu25 clear Energy Innovation and Modernization Act (42 


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

2 amended by adding at the end the following: 

3 ‘‘(v) Costs for— 

4 ‘‘(I) activities to review and ap5 prove or disapprove an application for 

6 an early site permit (as defined in sec7 tion 52.1 of title 10, Code of Federal 

8 Regulations (or a successor regula9 tion)) to demonstrate an advanced nu10 clear reactor on a Department of En11 ergy site; and 

12 ‘‘(II) pre-application activities re13 lating to an early site permit (as so 

14 defined) to demonstrate an advanced 

15 nuclear reactor on a Department of 

16 Energy site.’’. 

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

18 subsection (a) shall take effect on October 1, 2022. 

19 TITLE III—PRESERVING EXIST20 ING NUCLEAR ENERGY GEN21 ERATION 

22 SEC. 301. NUCLEAR REACTOR INCENTIVES. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) CERTIFIED NUCLEAR REACTOR.—The term 

2 ‘‘certified nuclear reactor’’ means a nuclear reactor 

3 that— 

4 (A) operates in a competitive electricity 

5 market; and 

6 (B) is certified under subsection 

7 (c)(2)(A)(i) to submit a sealed bid in accord8 ance with subsection (d). 

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

10 allocated to a certified nuclear reactor under sub11 section (e)(2). 

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

13 availability of appropriations, the Administrator, in con14 sultation with the Secretary, shall establish an emissions 

15 avoidance program— 

16 (1) to evaluate nuclear reactors that are pro17 jected to cease operations due to economic factors; 

18 and 

19 (2) to allocate credits to certified nuclear reac20 tors that are selected under paragraph (1)(B) of 

21 subsection (e) to receive credits under paragraph (2) 

22 of that subsection. 

23 (c) CERTIFICATION.— 

24 (1) APPLICATION.— 


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

2 under paragraph (2)(A)(i), the owner or oper3 ator of a nuclear reactor that is projected to 

4 cease operations due to economic factors shall 

5 submit to the Administrator an application at 

6 such time, in such manner, and containing such 

7 information as the Administrator determines to 

8 be appropriate, including— 

9 (i) information on the operating costs 

10 necessary to make the examination de11 scribed in paragraph (2)(A)(ii)(II), includ12 ing— 

13 (I) the average annual operating 

14 loss per megawatt-hour expected to be 

15 incurred by the nuclear reactor over 

16 the 4-year period for which credits 

17 would be allocated; 

18 (II) any private or publicly avail19 able data with respect to current or 

20 projected bulk power market prices; 

21 (III) out-of-market revenue 

22 streams; 

23 (IV) operations and maintenance 

24 costs; 


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1 (V) capital costs, including fuel; 

2 and 

3 (VI) operational and market 

4 risks; 

5 (ii) an estimate of the potential incre6 mental emissions of carbon dioxide, nitro7 gen oxides, sulfur oxides, particulate mat8 ter, and hazardous air pollutants that 

9 would result if the nuclear reactor were to 

10 cease operations; 

11 (iii) information on the source of re12 covered uranium and the location where 

13 the uranium is converted, enriched, and 

14 fabricated into fuel assemblies for the nu15 clear reactor for the 4-year period for 

16 which credits would be allocated; and 

17 (iv) a detailed plan to sustain oper18 ations at the conclusion of the applicable 

19 4-year period for which credits would be 

20 allocated— 

21 (I) without receiving additional 

22 credits; or 

23 (II) with the receipt of additional 

24 credits of a lower amount than the 


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1 credits allocated during that 4-year 

2 credit period. 

3 (B) TIMELINE.—The Administrator shall 

4 accept applications described in subparagraph 

5 (A)— 

6 (i) until the date that is 120 days 

7 after the date of enactment of this Act; 

8 and 

9 (ii) not less frequently than every year 

10 thereafter. 

11 (2) DETERMINATION TO CERTIFY.— 

12 (A) DETERMINATION.— 

13 (i) IN GENERAL.—Not later than 60 

14 days after the applicable date under sub15 paragraph (B) of paragraph (1), the Ad16 ministrator, in consultation with the Sec17 retary, shall determine whether to certify, 

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

19 each nuclear reactor for which an applica20 tion is submitted under subparagraph (A) 

21 of that paragraph. 

22 (ii) MINIMUM REQUIREMENTS.—To 

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1 retary, shall only certify a nuclear reactor 

2 under clause (i) if— 

3 (I) the nuclear reactor has a 

4 good safety record, as determined by 

5 the Action Matrix of the Commission 

6 or the Performance Indicators of the 

7 Reactor Oversight Process, such that 

8 the nuclear reactor falls under the ‘‘li9 censee response’’ column indicating no 

10 current significant safety issues; 

11 (II) after considering the infor12 mation submitted under paragraph 

13 (1)(A)(i), the Administrator deter14 mines that the nuclear reactor is pro15 jected to cease operations due to eco16 nomic factors; and 

17 (III) after considering the esti18 mate submitted under paragraph 

19 (1)(A)(ii), the Administrator deter20 mines that emissions of carbon diox21 ide, nitrogen oxides, sulfur oxides, 

22 particulate matter, and hazardous air 

23 pollutants would increase if the nu24 clear reactor were to cease operations 


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1 and be replaced with other types of 

2 power generation. 

3 (iii) PRIORITY.—In determining 

4 whether to certify a nuclear reactor under 

5 clause (i), the Administrator, in consulta6 tion with the Secretary, shall give priority 

7 to a nuclear reactor that uses uranium 

8 that is recovered, converted, enriched, and 

9 fabricated into fuel assemblies in the 

10 United States. 

11 (B) NOTICE.—For each application re12 ceived under paragraph (1)(A), the Adminis13 trator, in consultation with the Secretary, shall 

14 provide to the applicable owner or operator, as 

15 applicable— 

16 (i) a notice of the certification of the 

17 applicable nuclear reactor; or 

18 (ii) a notice that describes the reasons 

19 why the certification of the applicable nu20 clear reactor was denied. 

21 (d) BIDDING PROCESS.— 

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

23 the Administrator shall establish a deadline by which 

24 each certified nuclear reactor shall submit to the Ad25 ministrator a sealed bid that— 


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1 (A) describes the price per megawatt-hour 

2 required to maintain operations of the certified 

3 nuclear reactor during the 4-year period for 

4 which the certified nuclear reactor would receive 

5 credits; and 

6 (B) includes a commitment, subject to the 

7 receipt of credits, to provide a specific number 

8 of megawatt-hours of generation during the 4- 

9 year period for which credits would be allocated. 

10 (2) REQUIREMENT.—The deadline established 

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

12 after the first date on which the Administrator has 

13 made the determination described in paragraph 

14 (2)(A)(i) of subsection (c) with respect to each appli15 cation submitted under paragraph (1)(A) of that 

16 subsection. 

17 (e) ALLOCATION.— 

18 (1) AUCTION.—The Administrator, in consulta19 tion with the Secretary, shall— 

20 (A) in consultation with the heads of appli21 cable Federal agencies, establish a process for 

22 evaluating bids submitted under subsection 

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

24 (B) select certified nuclear reactors to be 

25 allocated credits. 


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1 (2) CREDITS.—Subject to subsection (f)(2), on 

2 selection under paragraph (1), a certified nuclear re3 actor shall be allocated credits for a 4-year period 

4 beginning on the date of the selection. 

5 (3) REQUIREMENT.—To the maximum extent 

6 practicable, the Administrator shall use the amounts 

7 made available for credits under this section to allo8 cate credits to as many certified nuclear reactors as 

9 possible. 

10 (f) RENEWAL.— 

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

12 certified nuclear reactor may seek to recertify the 

13 nuclear reactor in accordance with this section. 

14 (2) LIMITATION.—Notwithstanding any other 

15 provision of this section, the Administrator may not 

16 allocate any credits after September 30, 2027. 

17 (g) ADDITIONAL REQUIREMENTS.— 

18 (1) AUDIT.—During the 4-year period begin19 ning on the date on which a certified nuclear reactor 

20 first receives a credit, the Administrator, in con21 sultation with the Secretary, shall periodically audit 

22 the certified nuclear reactor. 

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

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

2 during the period described in paragraph (1)— 

3 (A) terminates operations; or 

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

5 the absence of an allocation of credits to the 

6 certified nuclear reactor. 

7 (3) CONFIDENTIALITY.—The Administrator, in 

8 consultation with the Secretary, shall establish pro9 cedures to ensure that any confidential, private, pro10 prietary, or privileged information that is included in 

11 a sealed bid submitted under this section is not pub12 licly disclosed or otherwise improperly used. 

13 (h) REPORT.—Not later than January 1, 2025, the 

14 Comptroller General of the United States shall submit to 

15 Congress a report with respect to the credits allocated to 

16 certified nuclear reactors, which shall include— 

17 (1) an evaluation of the effectiveness of the 

18 credits in avoiding emissions of carbon dioxide, ni19 trogen oxides, sulfur oxides, particulate matter, and 

20 hazardous air pollutants while ensuring grid reli21 ability; 

22 (2) a quantification of the ratepayer savings 

23 achieved under this section; and 

24 (3) any recommendations to renew or expand 

25 the credits. 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section for each of fiscal years 

4 2022 through 2027. 

5 SEC. 302. REPORT ON LESSONS LEARNED DURING THE 

6 COVID–19 PUBLIC HEALTH EMERGENCY. 

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

8 date of enactment of this Act, the Commission shall sub9 mit to the appropriate committees of Congress and make 

10 publicly available a report on actions taken by the Com11 mission during the public health emergency declared by 

12 the Secretary of Health and Human Services under sec13 tion 319 of the Public Health Service Act (42 U.S.C. 

14 247d) on January 31, 2020, with respect to COVID–19. 

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

16 shall include— 

17 (1) an identification of the processes, proce18 dures, and other regulatory policies that were re19 vised or temporarily suspended during the public 

20 health emergency described in subsection (a); 

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

22 Commission that examines how any revision or tem23 porary suspension of a process, procedure, or other 

24 regulatory policy identified under paragraph (1) may 

25 or may not have compromised the ability of the 


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1 Commission to license and regulate the civilian use 

2 of radioactive materials in the United States to pro3 tect public health and safety, promote the common 

4 defense and security, and protect the environment; 

5 (3) a description of any process efficiencies or 

6 challenges that resulted from the matters identified 

7 under paragraph (1); 

8 (4) a discussion of lessons learned from the 

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

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

11 take to incorporate into the licensing activities and 

12 regulations of the Commission, without compro13 mising the mission of the Commission— 

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

15 and 

16 (B) the information provided under para17 graphs (2) and (3); and 

18 (6) a description of when the actions described 

19 in paragraph (5) may be implemented. 

20 SEC. 303. INVESTMENT BY ALLIES. 

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

22 certain licenses for utilization facilities to certain corpora23 tions and other entities described in the second sentence 

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

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


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

2 entity described in subsection (b) if the Commission deter3 mines that issuance of the applicable license to that entity 

4 is not inimical to— 

5 (1) the common defense and security; or 

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

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

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

9 owned, controlled, or dominated by— 

10 (1) the government of— 

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

12 Group of Seven as of November 25, 2020, 

13 which includes the United Kingdom, Germany, 

14 Canada, Japan, France, and Italy; or 

15 (B) the Republic of Korea; 

16 (2) a corporation that is incorporated in a 

17 country described in subparagraph (A) or (B) of 

18 paragraph (1); or 

19 (3) an alien who is a national of a country de20 scribed in subparagraph (A) or (B) of paragraph 

21 (1). 

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

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

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

25 and inserting ‘‘any’’. 


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1 (d) SAVINGS CLAUSE.—Nothing in this section af2 fects the requirements of section 721 of the Defense Pro3 duction Act of 1950 (50 U.S.C. 4565). 

4 TITLE IV—REVITALIZING AMER5 ICA’S NUCLEAR SUPPLY 

6 CHAIN INFRASTRUCTURE 

7 AND WORKFORCE 

8 SEC. 401. REPORT ON ADVANCED METHODS OF MANUFAC9 TURING AND CONSTRUCTION FOR NUCLEAR 

10 ENERGY APPLICATIONS. 

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

12 date of enactment of this Act, the Commission shall sub13 mit to the appropriate committees of Congress a report 

14 (referred to in this section as the ‘‘report’’) on manufac15 turing and construction for nuclear energy applications. 

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

17 the Commission shall seek input from— 

18 (1) the Secretary; 

19 (2) the nuclear energy industry; 

20 (3) National Laboratories; 

21 (4) institutions of higher education; 

22 (5) nuclear and manufacturing technology de23 velopers; 

24 (6) the manufacturing and construction indus25 tries; 


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1 (7) standards development organizations; 

2 (8) labor unions; 

3 (9) nongovernmental organizations; and 

4 (10) other public stakeholders. 

5 (c) CONTENTS.— 

6 (1) IN GENERAL.—The report shall— 

7 (A) examine any unique licensing issues or 

8 requirements relating to the use of innovative— 

9 (i) advanced manufacturing processes; 

10 and 

11 (ii) advanced construction techniques; 

12 (B) examine— 

13 (i) the requirements for nuclear-grade 

14 components in manufacturing and con15 struction for nuclear energy applications; 

16 (ii) opportunities to use standard ma17 terials, parts, or components in manufac18 turing and construction for nuclear energy 

19 applications; and 

20 (iii) opportunities to use standard ma21 terials that are in compliance with existing 

22 codes to provide acceptable approaches to 

23 support or encapsulate new materials that 

24 do not yet have applicable codes; 


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1 (C) identify any safety aspects of innova2 tive advanced manufacturing processes and ad3 vanced construction techniques that are not ad4 dressed by existing codes and standards, so that 

5 generic guidance may be updated or created, as 

6 necessary; 

7 (D) identify options for addressing the 

8 issues, requirements, and opportunities exam9 ined under subparagraphs (A) and (B)— 

10 (i) within the existing regulatory 

11 framework; or 

12 (ii) through a new rulemaking; and 

13 (E) describe the extent to which Commis14 sion action is needed to implement any matter 

15 described in the report. 

16 (2) COST ESTIMATES, BUDGETS, AND TIME17 FRAMES.—The report shall include cost estimates, 

18 proposed budgets, and proposed timeframes for im19 plementing risk-informed and performance-based 

20 regulatory guidance for manufacturing and construc21 tion for nuclear energy applications. 

22 SEC. 402. NUCLEAR ENERGY TRAINEESHIP. 

23 Section 313 of division C of the Omnibus Appropria24 tions Act, 2009 (42 U.S.C. 16274a), is amended— 


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1 (1) in subsection (a), by striking ‘‘Nuclear Reg2 ulatory’’; 

3 (2) in subsection (b)(1), in the matter pre4 ceding subparagraph (A), by inserting ‘‘and sub5 section (c)’’ after ‘‘paragraph (2)’’; 

6 (3) in subsection (c)— 

7 (A) by redesignating paragraph (2) as 

8 paragraph (5); and 

9 (B) by striking paragraph (1) and insert10 ing the following: 

11 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 

12 term ‘advanced nuclear reactor’ has the meaning 

13 given the term in section 951(b) of the Energy Pol14 icy Act of 2005 (42 U.S.C. 16271(b)). 

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

16 means the Nuclear Regulatory Commission. 

17 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

18 The term ‘institution of higher education’ has the 

19 meaning given the term in section 2 of the Energy 

20 Policy Act of 2005 (42 U.S.C. 15801). 

21 ‘‘(4) NATIONAL LABORATORY.—The term ‘Na22 tional Laboratory’ has the meaning given the term 

23 in section 951(b) of the Energy Policy Act of 2005 

24 (42 U.S.C. 16271(b)).’’; 


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1 (4) in subsection (d)(2), by striking ‘‘Nuclear 

2 Regulatory’’; 

3 (5) by redesignating subsections (c) and (d) as 

4 subsections (d) and (e), respectively; and 

5 (6) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) NUCLEAR ENERGY TRAINEESHIP SUBPRO8 GRAM.— 

9 ‘‘(1) IN GENERAL.—The Commission shall es10 tablish, as a subprogram of the Program, a nuclear 

11 energy traineeship subprogram under which the 

12 Commission, in coordination with institutions of 

13 higher education and trade schools, shall competi14 tively award traineeships that provide focused train15 ing to meet critical mission needs of the Commission 

16 and nuclear workforce needs, including needs relat17 ing to— 

18 ‘‘(A) nuclear criticality safety; and 

19 ‘‘(B) the nuclear tradecraft workforce. 

20 ‘‘(2) REQUIREMENTS.—In carrying out the nu21 clear energy traineeship subprogram described in 

22 paragraph (1), the Commission shall— 

23 ‘‘(A) coordinate with the Secretary of En24 ergy to prioritize the funding of traineeships 

25 that focus on— 


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1 ‘‘(i) nuclear workforce needs; and 

2 ‘‘(ii) critical mission needs of the 

3 Commission; 

4 ‘‘(B) encourage appropriate partnerships 

5 among— 

6 ‘‘(i) National Laboratories; 

7 ‘‘(ii) institutions of higher education; 

8 ‘‘(iii) trade schools; and 

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

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

11 workforce needs for the purpose of imple12 menting traineeships in focused topical areas 

13 that— 

14 ‘‘(i) address the workforce needs of 

15 the nuclear energy community; and 

16 ‘‘(ii) support critical mission needs of 

17 the Commission.’’. 

18 TITLE V—MISCELLANEOUS 

19 SEC. 501. ANNUAL REPORT ON THE SPENT NUCLEAR FUEL 

20 AND HIGH-LEVEL RADIOACTIVE WASTE IN21 VENTORY IN THE UNITED STATES. 

22 (a) DEFINITIONS.—In this section: 

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

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


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1 given the term in section 2 of the Nuclear Waste 

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

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

4 nuclear fuel’’ has the meaning given the term in sec5 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

6 U.S.C. 10101). 

7 (3) STANDARD CONTRACT.—The term ‘‘stand8 ard contract’’ has the meaning given the term ‘‘con9 tract’’ in section 961.3 of title 10, Code of Federal 

10 Regulations (or a successor regulation). 

11 (b) REPORT.—Not later than January 1, 2023, and 

12 annually thereafter, the Secretary shall submit to Con13 gress a report that describes— 

14 (1) the annual and cumulative amount of pay15 ments made by the United States to the holder of 

16 a standard contract due to a partial breach of con17 tract under the Nuclear Waste Policy Act of 1982 

18 (42 U.S.C. 10101 et seq.) resulting in financial 

19 damages to the holder; 

20 (2) the amount spent by the Department to re21 duce future payments projected to be made by the 

22 United States to any holder of a standard contract 

23 due to a partial breach of contract under the Nu24 clear Waste Policy Act of 1982 (42 U.S.C. 10101 et 

25 seq.); 


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1 (3) the cumulative amount spent by the Depart2 ment to store, manage, and dispose of spent nuclear 

3 fuel and high-level radioactive waste in the United 

4 States as of the date of the report; 

5 (4) the projected lifecycle costs to store, man6 age, transport, and dispose of the projected inven7 tory of spent nuclear fuel and high-level radioactive 

8 waste in the United States, including spent nuclear 

9 fuel and high-level radioactive waste expected to be 

10 generated from existing reactors through 2050; 

11 (5) any mechanisms for better accounting of li12 abilities for the lifecycle costs of the spent nuclear 

13 fuel and high-level radioactive waste inventory in the 

14 United States; and 

15 (6) any recommendations for improving the 

16 methods used by the Department for the accounting 

17 of spent nuclear fuel and high-level radioactive waste 

18 costs and liabilities. 

19 SEC. 502. AUTHORIZATION OF APPROPRIATIONS FOR 

20 SUPERFUND ACTIONS AT ABANDONED MIN21 ING SITES ON TRIBAL LAND. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ELIGIBLE NON-NPL SITE.—The term ‘‘eligi24 ble non-NPL site’’ means a site that— 


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

2 but 

3 (B) the Administrator determines would be 

4 eligible for listing on the National Priorities 

5 List based on the presence of hazards from con6 tamination at the site, applying the hazard 

7 ranking system described in section 105(c) of 

8 the Comprehensive Environmental Response, 

9 Compensation, and Liability Act of 1980 (42 

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

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

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

13 section 101 of the Comprehensive Environmental 

14 Response, Compensation, and Liability Act of 1980 

15 (42 U.S.C. 9601). 

16 (3) NATIONAL PRIORITIES LIST.—The term 

17 ‘‘National Priorities List’’ means the National Prior18 ities List developed by the President in accordance 

19 with section 105(a)(8)(B) of the Comprehensive En20 vironmental Response, Compensation, and Liability 

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

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated for each of fiscal years 

24 2022 through 2031, to remain available until expended— 


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

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

3 (2) $3,000,000 to the Administrator of the 

4 Agency for Toxic Substances and Disease Registry 

5 to carry out subsection (d). 

6 (c) USES OF AMOUNTS.—Amounts appropriated 

7 under subsection (b)(1) shall be used by the Adminis8 trator— 

9 (1) to carry out removal actions on abandoned 

10 mine land located on Tribal land; 

11 (2) to carry out remedial actions on abandoned 

12 mine land located on Tribal land at— 

13 (A) eligible non-NPL sites; and 

14 (B) sites listed on the National Priorities 

15 List; and 

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

17 (d) HEALTH ASSESSMENTS.—Subject to the avail18 ability of appropriations, the Agency for Toxic Substances 

19 and Disease Registry, in coordination with Tribal health 

20 authorities, shall perform 1 or more health assessments 

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

22 land. 

23 (e) GRANTS FOR TECHNICAL ASSISTANCE.— 

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

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


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1 make grants to Indian Tribes on whose land is lo2 cated an eligible non-NPL site. 

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

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

5 second sentence of section 117(e)(1) of the Com6 prehensive Environmental Response, Compensation, 

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

8 (3) LIMITATIONS.—A grant under paragraph 

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

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

11 Comprehensive Environmental Response, Compensa12 tion, and Liability Act of 1980 (42 U.S.C. 

13 9617(e)(2)), except that— 

14 (A) ‘‘Administrator of the Environmental 

15 Protection Agency’’ shall be substituted for 

16 ‘‘President’’ each place it appears in that sec17 tion; and 

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

19 ‘‘under section 502 of the American Nuclear In20 frastructure Act of 2021’’ shall be substituted 

21 for ‘‘under this subsection’’. 

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

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

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

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1 mental Response, Compensation, and Liability Act of 

2 1980 (42 U.S.C. 9601)) with respect to that eligible non3 NPL site unless the action is commenced within the time4 frame provided for such actions with respect to facilities 

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

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

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

8 (g) COORDINATION.—The Administrator shall coordi9 nate with the Indian Tribe on whose land the applicable 

10 site is located in— 

11 (1) selecting and prioritizing sites for removal 

12 actions and remedial actions under paragraphs (1) 

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

14 (2) carrying out those removal actions and re15 medial actions. 

16 SEC. 503. NUCLEAR CLOSURE COMMUNITIES. 

17 (a) DEFINITIONS.—In this section: 

18 (1) COMMUNITY ADVISORY BOARD.—The term 

19 ‘‘community advisory board’’ means a community 

20 committee or other advisory organization that aims 

21 to foster communication and information exchange 

22 between a licensee planning for and involved in de23 commissioning activities and members of the com24 munity that decommissioning activities may affect. 


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1 (2) DECOMMISSION.—The term ‘‘decommis2 sion’’ has the meaning given the term in section 

3 50.2 of title 10, Code of Federal Regulations (or 

4 successor regulations). 

5 (3) ELIGIBLE RECIPIENT.—The term ‘‘eligible 

6 recipient’’ has the meaning given the term in section 

7 3 of the Public Works and Economic Development 

8 Act of 1965 (42 U.S.C. 3122). 

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

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

11 Code of Federal Regulations (or successor regula12 tions). 

13 (5) NUCLEAR CLOSURE COMMUNITY.—The 

14 term ‘‘nuclear closure community’’ means a unit of 

15 local government, including a county, city, town, vil16 lage, school district, or special district that has been 

17 impacted, or reasonably demonstrates to the satis18 faction of the Secretary, that it will be impacted, by 

19 a nuclear power plant licensed by the Commission 

20 that has ceased operation or has provided a written 

21 notification to the Commission that it will cease op22 erations as of the date of enactment of this Act. 

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

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1 sistant Secretary of Commerce for Economic Devel2 opment. 

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

4 the date of enactment of this Act, the Secretary shall es5 tablish a grant program to provide grants to eligible re6 cipients— 

7 (1) to assist with economic development in nu8 clear closure communities; and 

9 (2) to fund community advisory boards in nu10 clear closure communities. 

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

12 the maximum extent practicable, the Secretary shall im13 plement the recommendations described in the report sub14 mitted to Congress under section 108 of the Nuclear En15 ergy Innovation and Modernization Act (Public Law 115– 

16 439; 132 Stat. 5577) entitled ‘‘Best Practices for Estab17 lishment and Operation of Local Community Advisory 

18 Boards Associated with Decommissioning Activities at 

19 Nuclear Power Plants’’. 

20 (d) DISTRIBUTION OF FUNDS.—The Secretary shall 

21 establish a formula to ensure, to the maximum extent 

22 practicable, geographic diversity among grant recipients 

23 under this section. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.— 


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

2 appropriated to the Secretary— 

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

4 $30,000,000 for each of fiscal years 2022 

5 through 2027; and 

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

7 $5,000,000 for each of fiscal years 2022 

8 through 2024. 

9 (2) AVAILABILITY.—Amounts made available 

10 under this section shall remain available for a period 

11 of 5 years beginning on the date on which the 

12 amounts are made available. 

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

14 available under this section may be used to offset 

15 the funding for any other Federal program. 

16 SEC. 504. REPORT ON CORPORATE SUPPORT. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Commission shall submit to the appro19 priate committees of Congress and make publicly available 

20 a report that describes— 

21 (1) the progress on the implementation of sec22 tion 102(a)(3) of the Nuclear Energy Innovation 

23 and Modernization Act (42 U.S.C. 2215(a)(3)); and 


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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. 505. 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 FACILI10 TIES.—The Commission may issue a license under 

11 this section for a utilization facility useful in the 

12 conduct of research and development activities of the 

13 types specified 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 

22 services 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 15:33 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2373.IS S2373

pamtmann on DSKBC07HB2PROD with BILLS
50 

•S 2373 IS

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 in7 serting the following: 

8 ‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 

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

10 and (3), the Commission’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS