American Nuclear Infrastructure Act of 2020

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. Short title; table of contents (a) Short title This Act may be cited as the American Nuclear Infrastructure Act of 2020 (b) Table of contents The table of contents for 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. 2. Definitions In this Act: (1) Accident tolerant fuel The term accident tolerant fuel Public Law 115–439 (2) Administrator The term Administrator (3) Advanced nuclear fuel The term advanced nuclear fuel (A) advanced nuclear reactor fuel (as defined in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 Public Law 115–439 (B) accident tolerant fuel. (4) Advanced nuclear reactor The term advanced nuclear reactor 42 U.S.C. 2215 Public Law 115–439 (5) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (6) Chairman The term Chairman (7) Commission The term Commission (8) Department The term Department (9) Early site permit The term early site permit (10) High-assay, low-enriched uranium The term high-assay, low-enriched uranium (11) Institution of higher education The term institution of higher education Higher Education Act of 1965 20 U.S.C. 1001(a) (12) Micro-reactor The term micro-reactor (13) National Laboratory The term National Laboratory 42 U.S.C. 15801 (14) Removal; remedial action The terms removal remedial action 42 U.S.C. 9601 (15) Secretary The term Secretary (16) Tribal land The term Tribal land Indian country I Reestablishing American international competitiveness and global leadership 101. International nuclear reactor export and innovation activities (a) Coordination (1) In general The Commission shall— (A) coordinate all work of the Commission relating to— (i) nuclear reactor import and export licensing; and (ii) international regulatory cooperation and assistance relating to nuclear reactors, including with countries that are members of the Organisation for Economic Co-operation and Development; and (B) support interagency and international coordination with respect to— (i) the consideration of international technical standards to establish the licensing and regulatory basis to assist the design, construction, and operation of nuclear systems; (ii) efforts to help build competent nuclear regulatory organizations and legal frameworks in countries seeking to develop nuclear power; and (iii) exchange programs and training provided to other countries relating to nuclear regulation and oversight to improve nuclear technology licensing, in accordance with paragraph (2). (2) Exchange programs and training With respect to the exchange programs and training described in paragraph (1)(B)(iii), the Commission shall coordinate, as applicable, with— (A) the Secretary; (B) National Laboratories; (C) the private sector; and (D) institutions of higher education. (b) Authority To establish branch The Commission may establish within the Office of International Programs a branch, to be known as the International Nuclear Reactor Export and Innovation Branch (c) Exclusion of international activities from the fee base (1) In general Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 (A) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities The Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in section 101(a) of the American Nuclear Infrastructure Act of 2020 ; and (B) in subsection (b)(1)(B), by adding at the end the following: (iv) Costs for international nuclear reactor export and innovation activities described in section 101(a) of the American Nuclear Infrastructure Act of 2020 . (2) Effective date The amendments made by paragraph (1) shall take effect on October 1, 2021. (d) Savings clause Nothing in this section alters the authority of the Commission to license and regulate the civilian use of radioactive materials. 102. Denial of certain domestic licenses for national security purposes (a) Definition of covered fuel In this section, the term covered fuel (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (b) Prohibition on unlicensed possession or ownership of covered fuel Unless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 (c) License To possess or own covered fuel (1) Consultation required prior to issuance The Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 (2) Prohibition on issuance of license (A) In general Subject to subparagraph (C), a license to possess or own covered fuel shall not be issued if the Secretary and the Secretary of State make the determination described in subparagraph (B). (B) Determination (i) In general The determination referred to in subparagraph (A) is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. (ii) Joint determination A determination described in clause (i) shall be jointly made by the Secretary and the Secretary of State. (iii) Timeline (I) Notice of application Not later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary and the Secretary of State of the application. (II) Determination The Secretary and the Secretary of State shall have a period of 120 days, beginning on the date on which the Commission notifies the Secretary and the Secretary of State under subclause (I) of an application for a license to possess or own covered fuel, in which to make the determination described in clause (i). (III) Commission notification On making the determination described in clause (i), the Secretary and the Secretary of State shall immediately notify the Commission. (IV) Congressional notification Not later than 30 days after the date on which the Secretary and the Secretary of State notify the Commission under subclause (III), the Commission shall notify the appropriate committees of Congress of the determination. (V) Public notice Not later than 15 days after the date on which the Commission notifies Congress under subclause (IV) of a determination made under clause (i), the Commission shall make that determination publicly available. (C) Effect of no determination The prohibition described in subparagraph (A) shall not apply if the Secretary and the Secretary of State do not make the determination described in subparagraph (B) by the date described in clause (iii)(II) of that subparagraph. (d) Savings clause Nothing in this section alters any treaty or international agreement in effect on the date of enactment of this Act. II Expanding nuclear energy through advanced nuclear technologies 201. Advanced nuclear reactor project environmental reviews (a) Definition of environmental review process In this section, the term environmental review process (b) Report Not later than 1 year after the date on which the Commission issues the third operating or combined license for an advanced nuclear reactor, the Commission shall submit to the appropriate committees of Congress a report that— (1) describes— (A) any differences between the environmental review process for nuclear reactors licensed and in operation as of the date of enactment of this Act and the environmental review process for advanced nuclear reactors; (B) ways in which the environmental review process for advanced nuclear reactors could be improved by reducing or eliminating duplicative requirements or requirements that are not applicable to advanced nuclear reactor designs; and (C) ways in which environmental regulations other than those promulgated under the National Environmental Policy Act of 1969 42 U.S.C. 4321 (2) includes an assessment by the Commission of whether it would be beneficial— (A) to revise the applicable environmental review process for advanced nuclear reactors; or (B) to promulgate new regulations to establish a technology inclusive, risk-informed environmental review process for advanced nuclear reactors. 202. Advanced nuclear reactor prizes Section 103 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 (f) Prizes for advanced nuclear reactor licensing (1) Prize for advanced nuclear reactor licensing (A) In general Subject to the availability of appropriations, the Secretary is authorized to make, with respect to each award category described in subparagraph (C), an award in an amount described in subparagraph (B) to the first non-Federal entity to which the Commission issues— (i) an operating license for an advanced nuclear reactor under part 50 of title 10, Code of Federal Regulations (or successor regulations), for which an application has not been approved by the Commission as of the date of enactment of this subsection; or (ii) a finding required under section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), for a combined license for an advanced nuclear reactor— (I) that is issued under subpart C of part 52 that title (or successor regulations); and (II) for which an application has not been approved by the Commission as of the date of enactment of this subsection. (B) Amount of award An award under subparagraph (A) shall be in an amount equal to the total amount assessed by the Commission and collected under section 102(b)(2) from the entity receiving the award for costs relating to the issuance of the license described in that subparagraph, including, as applicable, costs relating to the issuance of an associated construction permit described in section 50.23 of title 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 of that title (or successor regulations)). (C) Award categories An award under subparagraph (A) may be made for— (i) the first advanced nuclear reactor for which the Commission issues— (I) a license in accordance with clause (i) of subparagraph (A); or (II) a finding in accordance with clause (ii) of that subparagraph; (ii) an advanced nuclear reactor that— (I) uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission issues— (aa) a license in accordance with clause (i) of subparagraph (A); or (bb) a finding in accordance with clause (ii) of that subparagraph; and (iii) an advanced nuclear reactor that— (I) operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission issues— (aa) a license in accordance with clause (i) of subparagraph (A); or (bb) a finding in accordance with clause (ii) of that subparagraph. (2) Federal funding limitation An award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share required under section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 . 203. New nuclear energy project application reviews (a) Production, utilization, or fuel facility located at an existing site In reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a production, utilization, or fuel facility located at the site of a licensed production, utilization, or fuel facility, the Commission, to the maximum extent practicable, shall use information that was part of the licensing basis of the licensed production, utilization, or fuel facility. (b) Relationship to other law Nothing in this section exempts the Commission from any requirement to be fully compliant with section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (c) Use of new information and analyses Nothing in this section precludes the Commission from using new information or new scientific or technical analyses that are applicable to the review of an application described in subsection (a). 204. Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications (a) In general Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this section as the report (1) the flexible operation of nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; (2) the use of advanced nuclear reactors exclusively for nonelectric applications; and (3) the colocation of nuclear reactors with industrial plants or other facilities. (b) Stakeholder input In developing the report, the Commission shall seek input from— (1) the Secretary; (2) the nuclear energy industry; (3) technology developers; (4) the industrial, chemical, and medical sectors; (5) nongovernmental organizations; and (6) other public stakeholders. (c) Contents (1) In general The report shall describe— (A) any unique licensing issues or requirements relating to the matters described in paragraphs (1) through (3) of subsection (a), including, with respect to the nonelectric applications referred to in paragraphs (1) and (2) of that subsection, any licensing issues or requirements relating to the use of nuclear energy in— (i) hydrogen or other liquid and gaseous fuel or chemical production; (ii) water desalination and wastewater treatment; (iii) heat for industrial processes; (iv) district heating; (v) energy storage; (vi) industrial or medical isotope production; and (vii) other applications, as identified by the Commission; (B) options for addressing those issues or requirements— (i) within the existing regulatory framework; (ii) as part of the technology-inclusive regulatory framework required under subsection (a)(4) of section 103 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 Public Law 115–439 Public Law 115–439 (iii) through a new rulemaking; and (C) the extent to which Commission action is needed to implement any matter described in the report. (2) Cost estimates, budgets, and timeframes The report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance in the licensing of nuclear reactors for nonelectric applications. 205. Enabling preparations for the demonstration of advanced nuclear reactors on Department sites (a) In general Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) (v) Costs for— (I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site; and (II) pre-application activities relating to an early site permit (as so defined) to demonstrate an advanced nuclear reactor on a Department of Energy site. . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2021. 206. Regulatory requirements for micro-reactors (a) In general The Commission shall develop risk-informed and performance-based strategies and guidance to support a timely and efficient licensing and regulatory process for micro-reactors that takes into consideration— (1) the unique characteristics of micro-reactors; and (2) the development timeframes of micro-reactors. (b) Implementation The Commission shall implement the strategies and guidance developed under subsection (a)— (1) not later than the date on which the technology-inclusive regulatory framework required under section 103(a)(4) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 Public Law 115–439 (2) in a manner that is consistent with that technology-inclusive regulatory framework. III Preserving existing nuclear energy generation 301. Nuclear reactor incentives (a) Findings Congress finds that— (1) as of December 31, 2019, 96 nuclear reactors provided approximately 20 percent of the electricity used in the United States and more than 55 percent of the carbon-free, clean energy used in the United States; (2) from 2013 through September 2020, 11 nuclear reactors ceased operation prior to the end of the operating licenses of those reactors; (3) as of September 2020, an additional 8 nuclear reactors are scheduled to cease operations by 2025; (4) 25 percent, or more, of the nuclear reactors in the current nuclear fleet, primarily in the competitive electricity market, are projected to cease operations prior to the end of the operating licenses of those reactors; (5) emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants typically increase when a nuclear reactor ceases operations; and (6) a program to incentivize nuclear energy generation to avoid emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants offers substantial environmental benefits to the United States. (b) Definitions In this section: (1) Certified nuclear reactor The term certified nuclear reactor (A) operates in a competitive electricity market; and (B) is certified under subsection (d)(2)(A)(i) to submit a sealed bid in accordance with subsection (e). (2) Credit The term credit (c) Establishment of program The Administrator, in consultation with the Secretary, shall establish an emissions avoidance program— (1) to evaluate nuclear reactors that are projected to cease operations due to economic factors; and (2) to allocate credits to certified nuclear reactors that are selected under paragraph (1)(B) of subsection (f) to receive credits under paragraph (2) of that subsection. (d) Certification (1) Application (A) In general In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate, including— (i) information on the operating costs necessary to make the examination described in paragraph (2)(A)(ii)(II), including— (I) the average annual operating loss per megawatt-hour expected to be incurred by the nuclear reactor over the 2-year period for which credits would be allocated; (II) any private or publicly available data with respect to current or projected bulk power market prices; (III) out-of-market revenue streams; (IV) operations and maintenance costs; (V) capital costs, including fuel; and (VI) operational and market risks; (ii) an estimate of the potential incremental emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants that would result if the nuclear reactor were to cease operations; (iii) information on the source of recovered uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 2-year period for which credits would be allocated; and (iv) a detailed plan to sustain operations at the conclusion of the applicable 2-year period for which credits would be allocated— (I) without receiving additional credits; or (II) with the receipt of additional credits of a lower amount than the credits allocated during that 2-year credit period. (B) Timeline The Administrator shall accept applications described in subparagraph (A)— (i) until the date that is 120 days after the date of enactment of this Act; and (ii) not less frequently than every 2 years thereafter. (2) Determination to certify (A) Determination (i) In general Not later than 60 days after the applicable date under subparagraph (B) of paragraph (1), the Administrator, in consultation with the Secretary, shall determine whether to certify, in accordance with clauses (ii) and (iii), each nuclear reactor for which an application is submitted under subparagraph (A) of that paragraph. (ii) Minimum requirements To the maximum extent practicable, the Administrator, in consultation with the Secretary, shall only certify a nuclear reactor under clause (i) if— (I) the nuclear reactor has a good safety record, as determined by the Action Matrix of the Commission or the Performance Indicators of the Reactor Oversight Process, such that the nuclear reactor falls under the licensee response (II) after considering the information submitted under paragraph (1)(A)(i), the Administrator determines that the nuclear reactor is projected to cease operations due to economic factors; and (III) after considering the estimate submitted under paragraph (1)(A)(ii), the Administrator determines that emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation. (iii) Priority In determining whether to certify a nuclear reactor under clause (i), the Administrator, in consultation with the Secretary, shall give priority to a nuclear reactor that uses uranium that is recovered, converted, enriched, and fabricated into fuel assemblies in the United States. (B) Notice For each application received under paragraph (1)(A), the Administrator, in consultation with the Secretary, shall provide to the applicable owner or operator, as applicable— (i) a notice of the certification of the applicable nuclear reactor; or (ii) a notice that describes the reasons why the certification of the applicable nuclear reactor was denied. (e) Bidding process (1) In general Subject to paragraph (2), the Administrator shall establish a deadline by which each certified nuclear reactor shall submit to the Administrator a sealed bid that— (A) describes the price per megawatt-hour required to maintain operations of the certified nuclear reactor during the 2-year period for which the certified nuclear reactor would receive credits; and (B) includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt-hours of generation during the 2-year period for which credits would be allocated. (2) Requirement The deadline established under paragraph (1) shall be not later than 30 days after the first date on which the Administrator has made the determination described in paragraph (2)(A)(i) of subsection (d) with respect to each application submitted under paragraph (1)(A) of that subsection. (f) Allocation (1) Auction The Administrator, in consultation with the Secretary, shall— (A) in consultation with the heads of applicable Federal agencies, establish a process for evaluating bids submitted under subsection (e)(1) through an auction process; and (B) select certified nuclear reactors to be allocated credits. (2) Credits Subject to subsection (g)(2), on selection under paragraph (1), a certified nuclear reactor shall be allocated credits for a 2-year period beginning on the date of the selection. (3) Requirement To the maximum extent practicable, the Administrator shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible. (g) Renewal (1) In general The owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section. (2) Limitation Notwithstanding any other provision of this section, the Administrator may not allocate any credits after September 30, 2030. (h) Additional requirements (1) Audit During the 2-year period beginning on the date on which a certified nuclear reactor first receives a credit, the Administrator, in consultation with the Secretary, shall periodically audit the certified nuclear reactor. (2) Recapture The Administrator shall, by regulation, provide for the recapture of the allocation of any credit to a certified nuclear reactor that, during the period described in paragraph (1)— (A) terminates operations; or (B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor. (3) Confidentiality The Administrator, in consultation with the Secretary, shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used. (i) Report Not later than January 1, 2024, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allocated to certified nuclear reactors, which shall include— (1) an evaluation of the effectiveness of the credits in avoiding emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants while ensuring grid reliability; (2) a quantification of the ratepayer savings achieved under this section; and (3) any recommendations to renew or expand the credits. (j) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2021 through 2030. 302. Report on lessons learned during the COVID–19 public health emergency (a) In general Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress and make publicly available a report on actions taken by the Commission during the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d (b) Contents The report under subsection (a) shall include— (1) an identification of the processes, procedures, and other regulatory policies that were revised or temporarily suspended during the public health emergency described in subsection (a); (2) a review of actions, if any, taken by the Commission that examines how any revision or temporary suspension of a process, procedure, or other regulatory policy identified under paragraph (1) may or may not have compromised the ability of the Commission to license and regulate the civilian use of radioactive materials in the United States to protect public health and safety, promote the common defense and security, and protect the environment; (3) a description of any process efficiencies or challenges that resulted from the matters identified under paragraph (1); (4) a discussion of lessons learned from the matters described in paragraphs (1), (2), and (3); (5) a list of actions that the Commission may take to incorporate into the licensing activities and regulations of the Commission— (A) the lessons described in paragraph (4); and (B) the information provided under paragraphs (2) and (3); and (6) a description of when the actions described in paragraph (5) may be implemented. 303. Investment by allies (a) In general The prohibitions against issuing certain licenses for utilization facilities to certain corporations and other entities described in the second sentence of section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) 42 U.S.C. 2134(d) (1) the common defense and security; or (2) the health and safety of the public. (b) Entities described An entity referred to in subsection (a) is a corporation or other entity that is owned, controlled, or dominated by— (1) the government of— (A) a country that is a member of the North Atlantic Treaty Organization; (B) Japan; or (C) the Republic of Korea; (2) a corporation that is incorporated in a country described in any of subparagraphs (A) through (C) of paragraph (1); or (3) an alien who is a national of a country described in any of subparagraphs (A) through (C) of paragraph (1). (c) Technical amendment Section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) any any any IV Revitalizing America's nuclear supply chain infrastructure 401. Advanced nuclear fuel approval (a) Agency coordination (1) In general Not later than 1 year after the date of enactment of this Act, the Chairman and the Secretary shall enter into a memorandum of understanding relating to advanced nuclear fuels. (2) Memorandum of understanding contents The memorandum of understanding entered into under paragraph (1) shall require the Department and the Commission to coordinate, as appropriate— (A) to ensure that the Department has sufficient technical expertise to support the timely research, development, demonstration, and commercial application by the civilian nuclear industry of innovative advanced nuclear fuels, including by facilitating the development and sharing of criticality benchmark data to support— (i) the licensing of fuel enrichment, deconversion, and fabrication facilities for— (I) advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and (II) advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and (ii) the certification of transportation packages for— (I) advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and (II) advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; (B) to ensure that the Commission has sufficient technical expertise to support the evaluation of advanced nuclear fuels; (C) to identify methods to improve the use of computers and software codes to calculate the behavior and performance of advanced nuclear fuels based on mathematical models of the physical behavior of advanced nuclear fuels; (D) to ensure that the Department maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of innovative advanced nuclear fuels; and (E) to ensure that the Commission has access to the facilities described in subparagraph (D), as needed. (b) Reporting requirements Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that— (1) identifies criticality benchmark data to assist— (A) the licensing of fuel enrichment, deconversion, and fabrication facilities for— (i) advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and (ii) advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and (B) the certification of transportation packages for— (i) advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and (ii) advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; (2) identifies and describes any updates to regulations, certifications, and other regulatory policies that the Commission determines are necessary for licensing and oversight relating to high-assay, low-enriched uranium, including— (A) certifications relating to transportation packages for— (i) high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and (ii) high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and (B) licensing of fuel enrichment, deconversion, and fabrication facilities for high-assay, low-enriched uranium, and associated physical security plans for those facilities; (3) identifies and describes any updates to regulations, certifications, and other regulatory policies that the Commission determines are necessary to address nuclear nonproliferation considerations that— (A) are within the mission of the Commission; and (B) are associated with— (i) high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or (ii) high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; (4) identifies and describes— (A) any data needs, regulatory requirements, or policies identified under paragraph (1), (2), or (3) that— (i) differ based on whether they are related to— (I) high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or (II) high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; or (ii) are unique to— (I) high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or (II) high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; (B) the manner in which the data needs, regulatory requirements, or policies identified under subparagraph (A)(i) differ as described in that subparagraph; and (C) the extent to which the data needs, regulatory requirements, or policies identified under subparagraph (A)(ii) are unique to either— (i) high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or (ii) high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and (5) includes a timeline for completing the updates described in paragraphs (2) and (3) within the existing regulatory framework. 402. National strategic uranium reserve (a) Definitions In this section: (1) Program The term program (2) Uranium reserve The term Uranium Reserve (b) Establishment (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary, subject to the availability of appropriations, shall establish a program to operate a uranium reserve in accordance with this section. (2) Authority In establishing the program and operating the Uranium Reserve, the Secretary shall use the authority granted to the Secretary by sections 53, 63, and 161 g. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 (c) Purposes The purposes of the Uranium Reserve are— (1) to provide assurance of the availability of uranium recovered in the United States in the event of a market disruption; and (2) to support strategic fuel cycle capabilities in the United States. (d) Exclusion The Secretary shall exclude from the Uranium Reserve uranium that is recovered in the United States by an entity that— (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (e) Acquisition (1) In general The Secretary may acquire for the Uranium Reserve only uranium recovered from a facility described in paragraph (2), including, subject to paragraph (3), uranium ore that has been mined. (2) Facilities described A facility referred to in paragraph (1) is a facility that— (A) (i) is licensed by the Commission as of the date of enactment of this Act; (ii) is not located on Tribal land; and (iii) is not the subject of an enforcement action that— (I) was taken— (aa) in response to a violation of a regulation in part 40 of title 10, Code of Federal Regulations (or successor regulations); and (bb) during the 1-year period ending on the date on which the uranium is acquired for the Uranium Reserve; and (II) was characterized as escalated enforcement (B) (i) as of the date of enactment of this Act, is licensed by a State that has entered into an agreement with the Commission under section 274 b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2021(b) (ii) is not located on Tribal land; and (iii) is not the subject of an enforcement action that— (I) was taken— (aa) in response to a violation of an applicable State requirement that is compatible with the regulations of the Commission in part 40 of title 10, Code of Federal Regulations (or successor regulations); and (bb) during the 1-year period ending on the date on which the uranium is acquired for the Uranium Reserve; and (II) was subject to further administrative actions, further orders, or the equivalent of further administrative actions or orders. (3) Requirement (A) In general Except as provided in subparagraph (B), with respect to any uranium ore acquired by a facility described in paragraph (2) that has been mined, the Secretary may acquire for the Uranium Reserve only uranium extracted from a conventional mine that is not located on— (i) Tribal land; (ii) Federal land temporarily withdrawn from location and entry pursuant to the record of decision described in the notice of availability entitled Notice of Availability of Record of Decision for the Northern Arizona Proposed Withdrawal (iii) Federal land that, as of October 1, 2020, is permanently withdrawn from location and entry under sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 30 U.S.C. 22 (B) Removal and remedial actions The Secretary may acquire for the Uranium Reserve uranium recovered from material obtained as a result of removal or remedial actions carried out on abandoned mine land located on Tribal land. (f) Request for information Not later than 90 days after the date of enactment of this Act, the Secretary shall publish a request for information to help the Secretary evaluate— (1) options for the operation and management of the Uranium Reserve; (2) contractual mechanisms pursuant to which the Secretary could acquire uranium; and (3) the quantities, form, transportation, and storage of uranium in the Uranium Reserve. (g) Budget request For each fiscal year beginning after the date of enactment of this Act, the Secretary shall include in the budget justification submitted to Congress pursuant to section 1105 of title 31, United States Code— (1) a request for amounts for the acquisition, transportation, and storage of uranium in the Uranium Reserve; or (2) an explanation of why amounts are not requested for the acquisition, transportation, or storage of uranium in the Uranium Reserve. 403. Report on advanced methods of manufacturing and construction for nuclear energy applications (a) In general Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this subsection as the report (b) Stakeholder input In developing the report, the Commission shall seek input from— (1) the Secretary; (2) the nuclear energy industry; (3) National Laboratories; (4) institutions of higher education; (5) nuclear and manufacturing technology developers; (6) the manufacturing and construction industries; (7) standards development organizations; (8) labor unions; (9) nongovernmental organizations; and (10) other public stakeholders. (c) Contents (1) In general The report shall— (A) examine any unique licensing issues or requirements relating to the use of innovative— (i) advanced manufacturing processes; and (ii) advanced construction techniques; (B) examine— (i) the requirements for nuclear-grade components in manufacturing and construction for nuclear energy applications; (ii) opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; and (iii) opportunities to use standard materials that are in compliance with existing codes to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes; (C) identify any safety aspects of innovative advanced manufacturing processes and advanced construction techniques that are not addressed by existing codes and standards, so that generic guidance may be updated or created, as necessary; (D) identify options for addressing the issues, requirements, and opportunities examined under subparagraphs (A) and (B)— (i) within the existing regulatory framework; or (ii) through a new rulemaking; and (E) describe the extent to which Commission action is needed to implement any matter described in the report. (2) Cost estimates, budgets, and timeframes The report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for manufacturing and construction for nuclear energy applications. V Miscellaneous 501. Nuclear energy workforce development Section 313 of division C of the Omnibus Appropriations Act, 2009 ( 42 U.S.C. 16274a (1) in subsection (b), in the matter preceding paragraph (1), by striking in each of fiscal years 2009 to 2019 for each of fiscal years 2021 through 2030, (2) by adding at the end the following: (d) Nuclear energy traineeship subprogram (1) Definitions In this subsection: (A) Commission The term Commission (B) Institution of higher education The term institution of higher education Higher Education Act of 1965 20 U.S.C. 1001(a) (C) National laboratory The term National Laboratory 42 U.S.C. 15801 (2) Establishment The Commission shall establish, as a subprogram of the Integrated University Program established under this section, a workforce development subprogram under which the Commission, in coordination with institutions of higher education and trade schools, shall competitively award traineeships that provide focused training to meet critical mission needs of the Commission and nuclear workforce needs, including needs relating to— (A) nuclear criticality safety; and (B) the nuclear tradecraft workforce. (3) Requirements In carrying out the workforce development program described in paragraph (2), the Commission shall— (A) coordinate with the Secretary to prioritize the funding of traineeships that focus on— (i) nuclear workforce needs; and (ii) critical mission needs of the Commission; (B) encourage appropriate partnerships among— (i) National Laboratories; (ii) institutions of higher education; (iii) trade schools; and (iv) the nuclear energy industry; and (C) on an annual basis, evaluate nuclear workforce needs for the purpose of implementing traineeships in focused topical areas that— (i) address the workforce needs of that community; and (ii) support critical mission needs of the Commission. . 502. Annual report on the spent nuclear fuel and high-level radioactive waste inventory in the United States (a) Definitions In this section: (1) High-level radioactive waste The term high-level radioactive waste 42 U.S.C. 10101 (2) Spent nuclear fuel The term spent nuclear fuel 42 U.S.C. 10101 (3) Standard contract The term standard contract contract (b) Report Not later than January 1, 2022, and annually thereafter, the Secretary shall submit to Congress a report that describes— (1) the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 42 U.S.C. 10101 (2) the amount spent by the Department to reduce future payments projected to be made by the United States to any holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 42 U.S.C. 10101 (3) the cumulative amount spent by the Department to store, manage, and dispose of spent nuclear fuel and high-level radioactive waste in the United States as of the date of the report; (4) the projected lifecycle costs to store, manage, transport, and dispose of the projected inventory of spent nuclear fuel and high-level radioactive waste in the United States, including spent nuclear fuel and high-level radioactive waste expected to be generated from existing reactors through 2050; (5) any mechanisms for better accounting of liabilities for the lifecycle costs of the spent nuclear fuel and high-level radioactive waste inventory in the United States; and (6) any recommendations for improving the methods used by the Department for the accounting of spent nuclear fuel and high-level radioactive waste costs and liabilities. 503. Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land (a) Definitions In this section: (1) Eligible non-NPL site The term eligible non-NPL site (A) is not on the National Priorities List; but (B) the Administrator determines would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(c) (2) Indian Tribe The term Indian Tribe Indian tribe 42 U.S.C. 9601 (3) National Priorities List The term National Priorities List 42 U.S.C. 9605(a)(8)(B) (b) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $100,000,000 for each of fiscal years 2021 through 2030, to remain available until expended. (c) Uses of amounts Amounts appropriated under subsection (b) shall be used by the Administrator— (1) to carry out removal actions on abandoned mine land located on Tribal land; (2) to carry out remedial actions on abandoned mine land located on Tribal land at— (A) eligible non-NPL sites; and (B) sites listed on the National Priorities List; and (3) to make grants under subsection (e). (d) Health assessments Subject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land. (e) Grants for technical assistance (1) In general The Administrator may use amounts appropriated under subsection (b) to make grants to Indian Tribes on whose land is located an eligible non-NPL site. (2) Use of grant funds A grant under paragraph (1) shall be used in accordance with the second sentence of section 117(e)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(1) (3) Limitations A grant under paragraph (1) shall be governed by the rules, procedures, and limitations described in section 117(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(2) (A) Administrator of the Environmental Protection Agency President (B) in the first sentence of that section, under section 503 of the American Nuclear Infrastructure Act of 2020 under this subsection (f) Statute of limitations If a remedial action described in subsection (c)(2) is scheduled at an eligible non-NPL site, no action may be commenced for damages (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C. 9601 42 U.S.C. 9613(g)(1) (g) Coordination The Administrator shall coordinate with the Indian Tribe on whose land the applicable site is located in— (1) selecting and prioritizing sites for removal actions and remedial actions under paragraphs (1) and (2) of subsection (c); and (2) carrying out those removal actions and remedial actions. 504. Technical correction Section 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities The Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission (2) Regulation The Commission ; and (3) by striking c. The Commission c. Research and development activities (1) In general Subject to paragraphs (2) and (3), the Commission .

Summary: American Nuclear Infrastructure Act of 2020 This bill provides support and incentives for nuclear infrastructure and advanced nuclear technologies, requires licenses for exports of low-enriched uranium to be in compliance with nonproliferation standards and related requirements, allows the Nuclear Regulatory Commission to deny imports of certain enriched uranium supplies from Russia and China for national security purposes, creates a national strategic uranium reserve, and sets forth related requirements.