H. R. 133—1264 
‘‘(1) ADMINISTRATION.—To be eligible for an award of finan-
cial assistance under this section, an applicant shall submit 
to the Secretary an application in such manner and containing 
such information as the Secretary may require. 
‘‘(2) AWARDS.—Subject to the availability of appropriations, 
not later than 270 days after the date of enactment of this 
section, the Secretary shall make a first award of financial 
assistance under this section. 
‘‘(e) MAXIMUM AMOUNT AND TERM.— 
‘‘(1) IN GENERAL.—The total amount of financial assistance 
awarded to an entity under this section shall not exceed 
$2,000,000. 
‘‘(2) TECHNICAL
AND
TRAINING
ASSISTANCE.—The total 
amount of financial assistance awarded to an entity under 
this section shall be reduced by the cost of any technical and 
training assistance provided by the Secretary that relates to 
such financial assistance. 
‘‘(3) TERM.—The term of an award of financial assistance 
under this section shall not exceed 3 years. 
‘‘(4) RELATIONSHIP TO FORMULA GRANTS.—An entity may 
use financial assistance awarded to such entity under this 
section in conjunction with other financial assistance provided 
to such entity under this part. 
‘‘(f) REQUIREMENTS.—Not later than 90 days after the date 
of enactment of this section, the Secretary shall issue requirements 
to implement this section, including, for entities receiving financial 
assistance under this section— 
‘‘(1) standards for allowable expenditures; 
‘‘(2) a minimum saving-to-investment ratio; and 
‘‘(3) standards for— 
‘‘(A) training programs; 
‘‘(B) energy audits; 
‘‘(C) the provision of technical assistance; 
‘‘(D) monitoring activities carried out using such finan-
cial assistance; 
‘‘(E) verification of energy and cost savings; 
‘‘(F) liability insurance requirements; and 
‘‘(G) recordkeeping and reporting requirements, which 
shall include reporting to the Office of Weatherization and 
Intergovernmental Programs of the Department of Energy 
applicable data on each dwelling unit retrofitted or other-
wise assisted pursuant to this section. 
‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.—Nothing in 
this section supersedes or otherwise affects any State or local law, 
to the extent that the State or local law contains a requirement 
that is more stringent than the applicable requirement of this 
section. 
‘‘(h) REVIEW AND EVALUATION.—The Secretary shall review and 
evaluate the performance of each entity that receives an award 
of financial assistance under this section (which may include an 
audit). 
‘‘(i) ANNUAL REPORT.—The Secretary shall submit to Congress 
an annual report that provides a description of— 
‘‘(1) actions taken under this section to achieve the purposes 
of this section; and 
‘‘(2) accomplishments as a result of such actions, including 
energy and cost savings achieved.
H. R. 133—1265 
‘‘(j) FUNDING.— 
‘‘(1) AMOUNTS.— 
‘‘(A) IN
GENERAL.—For each of fiscal years 2021 
through 2025, of the amount made available under section 
422 for such fiscal year to carry out the weatherization 
program under this part (not including any of such amount 
made available for Department of Energy headquarters 
training or technical assistance), not more than— 
‘‘(i) 2 percent of such amount (if such amount 
is $225,000,000 or more but less than $260,000,000) 
may be used to carry out this section; 
‘‘(ii) 4 percent of such amount (if such amount 
is $260,000,000 or more but less than $300,000,000) 
may be used to carry out this section; and 
‘‘(iii) 6 percent of such amount (if such amount 
is $300,000,000 or more) may be used to carry out 
this section. 
‘‘(B) MINIMUM.—For each of fiscal years 2021 through 
2025, if the amount made available under section 422 
(not including any of such amount made available for 
Department of Energy headquarters training or technical 
assistance) for such fiscal year is less than $225,000,000, 
no funds shall be made available to carry out this section. 
‘‘(2) LIMITATION.—For any fiscal year, the Secretary may 
not use more than $25,000,000 of the amount made available 
under section 422 to carry out this section. 
‘‘(k) TERMINATION.—The Secretary may not award financial 
assistance under this section after September 30, 2025.’’. 
(2) TABLE OF CONTENTS.—The table of contents for the 
Energy Conservation and Production Act is amended by 
inserting after the item relating to section 414C the following: 
‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 
(f) HIRING.— 
(1) IN GENERAL.—The Energy Conservation and Production 
Act is amended by inserting after section 414D (as added by 
subsection (e) of this section) the following: 
‘‘SEC. 414E. HIRING. 
‘‘The Secretary may, as the Secretary determines appropriate, 
encourage entities receiving funding from the Federal Government 
or from a State through a weatherization program under section 
413 or section 414, to prioritize the hiring and retention of 
employees who are individuals described in section 414D(a)(5).’’. 
(2) TABLE OF CONTENTS.—The table of contents for the 
Energy Conservation and Production Act is amended by 
inserting after the item relating to section 414D the following: 
‘‘Sec. 414E. Hiring.’’. 
(g) INCREASE IN ADMINISTRATIVE FUNDS.—Section 415(a)(1) of 
the Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) 
is amended by striking ‘‘10 percent’’ and inserting ‘‘15 percent’’. 
(h) AMENDING RE-WEATHERIZATION DATE.—Paragraph (2) of sec-
tion 415(c) of the Energy Conservation and Production Act (42 
U.S.C. 6865(c)) is amended to read as follows: 
‘‘(2) Dwelling units weatherized (including dwelling units par-
tially weatherized) under this part, or under other Federal programs
H. R. 133—1266 
(in this paragraph referred to as ‘previous weatherization’), may 
not receive further financial assistance for weatherization under 
this part until the date that is 15 years after the date such previous 
weatherization was completed. This paragraph does not preclude 
dwelling units that have received previous weatherization from 
receiving assistance and services (including the provision of informa-
tion and education to assist with energy management and evalua-
tion of the effectiveness of installed weatherization materials) other 
than weatherization under this part or under other Federal pro-
grams, or from receiving non-Federal assistance for weatheriza-
tion.’’. 
(i) ANNUAL REPORT.—Section 421 of the Energy Conservation 
and Production Act (42 U.S.C. 6871) is amended by inserting ‘‘the 
number of multifamily buildings in which individual dwelling units 
were weatherized during the previous year, the number of indi-
vidual dwelling units in multifamily buildings weatherized during 
the previous year,’’ after ‘‘the average size of the dwellings being 
weatherized,’’. 
(j) REPORT ON WAIVERS.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Energy shall submit 
to Congress a report on the status of any request made after 
September 30, 2010, for a waiver of any requirement under section 
200.313 of title 2, Code of Federal Regulations, as such requirement 
applies with respect to the weatherization assistance program under 
part A of title IV of the Energy Conservation and Production Act 
(42 U.S.C. 6861 et seq.), including a description of any such waiver 
that has been granted and any such request for a waiver that 
has been considered but not granted. 
SEC. 1012. FEDERAL ENERGY MANAGEMENT PROGRAM. 
Section 543 of the National Energy Conservation Policy Act 
(42 U.S.C. 8253) is further amended by adding at the end the 
following: 
‘‘(i) FEDERAL ENERGY MANAGEMENT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall carry out a program, 
to be known as the ‘Federal Energy Management Program’ 
(referred to in this subsection as the ‘Program’), to facilitate 
the implementation by the Federal Government of cost-effective 
energy and water management and energy-related investment 
practices— 
‘‘(A) to coordinate and strengthen Federal energy and 
water resilience; and 
‘‘(B) to promote environmental stewardship. 
‘‘(2) FEDERAL DIRECTOR.—The Secretary shall appoint an 
individual to serve as the director of the Program (referred 
to in this subsection as the ‘Federal Director’), which shall 
be a career position in the Senior Executive service, to admin-
ister the Program. 
‘‘(3) PROGRAM ACTIVITIES.— 
‘‘(A) STRATEGIC
PLANNING
AND
TECHNICAL
ASSIST-
ANCE.—In administering the Program, the Federal Director 
shall— 
‘‘(i) provide technical assistance and project 
implementation support and guidance to agencies to 
identify, implement, procure, and track energy and 
water conservation measures required under this Act 
and under other provisions of law;
H. R. 133—1267 
‘‘(ii) in coordination with the Administrator of the 
General Services Administration, establish appropriate 
procedures, methods, and best practices for use by 
agencies to select, monitor, and terminate contracts 
entered into pursuant to a utility incentive program 
under section 546(c) with utilities; 
‘‘(iii) carry out the responsibilities of the Secretary 
under section 801, as determined appropriate by the 
Secretary; 
‘‘(iv) 
establish 
and 
maintain 
internet-based 
information resources and project tracking systems and 
tools for energy and water management; 
‘‘(v) 
coordinate 
comprehensive 
and 
strategic 
approaches to energy and water resilience planning 
for agencies; and 
‘‘(vi) establish a recognition program for Federal 
achievement in energy and water management, energy- 
related investment practices, environmental steward-
ship, and other relevant areas, through events such 
as individual recognition award ceremonies and public 
announcements. 
‘‘(B) 
ENERGY
AND
WATER
MANAGEMENT
AND 
REPORTING.—In administering the Program, the Federal 
Director shall— 
‘‘(i) track and report on the progress of agencies 
in meeting the requirements of the agency under this 
section; 
‘‘(ii) make publicly available agency performance 
data required under— 
‘‘(I) this section and sections 544, 546, 547, 
and 548; and 
‘‘(II) section 203 of the Energy Policy Act of 
2005 (42 U.S.C. 15852); 
‘‘(iii)(I) collect energy and water use and consump-
tion data from each agency; and 
‘‘(II) based on that data, submit to each agency 
a report that will facilitate the energy and water 
management, energy-related investment practices, and 
environmental stewardship of the agency in support 
of Federal goals under this Act and under other provi-
sions of law; 
‘‘(iv) carry out the responsibilities of the Secretary 
under section 305 of the Energy Conservation and 
Production Act (42 U.S.C. 6834); 
‘‘(v) in consultation with the Administrator of the 
General Services Administration, acting through the 
head of the Office of High-Performance Green 
Buildings, establish and implement sustainable design 
principles for Federal facilities; and 
‘‘(vi) designate products that meet the highest 
energy conservation standards for categories not cov-
ered under the Energy Star program established under 
section 324A of the Energy Policy and Conservation 
Act (42 U.S.C. 6294a). 
‘‘(C) FEDERAL INTERAGENCY COORDINATION.—In admin-
istering the Program, the Federal Director shall—
H. R. 133—1268 
‘‘(i) develop and implement accredited training con-
sistent with existing Federal programs and activities— 
‘‘(I) relating to energy and water use, manage-
ment, and resilience in Federal facilities, energy- 
related investment practices, and environmental 
stewardship; and 
‘‘(II) that includes in-person training, internet- 
based programs, and national in-person training 
events; 
‘‘(ii) carry out the functions of the Secretary with 
respect to the Interagency Energy Management Task 
Force under section 547; and 
‘‘(iii) report on the implementation of the priorities 
of the President, including Executive orders, relating 
to energy and water use in Federal facilities, in 
coordination with— 
‘‘(I) the Office of Management and Budget; 
‘‘(II) the Council on Environmental Quality; 
and 
‘‘(III) any other entity, as considered necessary 
by the Federal Director. 
‘‘(D) FACILITY
AND
FLEET
OPTIMIZATION.—In admin-
istering the Program, the Federal Director shall develop 
guidance, supply assistance to, and track the progress of 
agencies— 
‘‘(i) in conducting portfolio-wide facility energy and 
water resilience planning and project integration; 
‘‘(ii) in building new construction and major ren-
ovations to meet the sustainable design and energy 
and water performance standards required under this 
section; 
‘‘(iii) in developing guidelines for— 
‘‘(I) facility commissioning; and 
‘‘(II) facility operations and maintenance; and 
‘‘(iv) in coordination with the Administrator of the 
General Services Administration, in meeting statutory 
and agency goals for Federal fleet vehicles. 
‘‘(4) MANAGEMENT COUNCIL.—The Federal Director shall 
establish a management council to advise the Federal Director 
that shall— 
‘‘(A) convene not less frequently than once every 
quarter; and 
‘‘(B) consist of representatives from— 
‘‘(i) the Council on Environmental Quality; 
‘‘(ii) the Office of Management and Budget; and 
‘‘(iii) the Office of Federal High-Performance Green 
Buildings in the General Services Administration. 
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Secretary to carry out this 
subsection $36,000,000 for each of fiscal years 2021 through 
2025.’’. 
SEC. 1013. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM. 
(a) IN GENERAL.—Section 375 of the Energy Policy and Con-
servation Act (42 U.S.C. 6345) is amended to read as follows: 
‘‘SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM. 
‘‘(a) RENAMING.—
H. R. 133—1269 
‘‘(1) IN GENERAL.—The Clean Energy Application Centers 
of the Department of Energy are redesignated as the CHP 
Technical Assistance Partnership Program (referred to in this 
section as the ‘Program’). 
‘‘(2) PROGRAM
DESCRIPTION.—The Program shall consist 
of— 
‘‘(A) the 10 regional CHP Technical Assistance Partner-
ships in existence on the date of enactment of the Energy 
Act of 2020; 
‘‘(B) such other regional CHP Technical Assistance 
Partnerships as the Secretary may establish with consider-
ation given to establishing such partnerships in rural 
communities; and 
‘‘(C) any supporting technical activities under the Tech-
nical Partnership Program of the Advanced Manufacturing 
Office. 
‘‘(3) REFERENCES.—Any reference in any law, rule, regula-
tion, or publication to a Combined Heat and Power Application 
Center or a Clean Energy Application Center shall be deemed 
to be a reference to the Program. 
‘‘(b) CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.— 
‘‘(1) IN GENERAL.—The Program shall— 
‘‘(A) operate programs to encourage deployment of com-
bined heat and power, waste heat to power, and efficient 
district energy (collectively referred to in this subsection 
as ‘CHP’) technologies by providing education and outreach 
to— 
‘‘(i) building, industrial, and electric and natural 
gas utility professionals; 
‘‘(ii) State and local policymakers; and 
‘‘(iii) other individuals and organizations with an 
interest in efficient energy use, local or opportunity 
fuel use, resiliency, or energy security, microgrids, and 
district energy; and 
‘‘(B) provide project specific support to building and 
industrial professionals through economic and engineering 
assessments and advisory activities. 
‘‘(2) FUNDING FOR CERTAIN ACTIVITIES.— 
‘‘(A) IN
GENERAL.—The Program shall make funds 
available to institutions of higher education, research cen-
ters, and other appropriate institutions to ensure the 
continued operations and effectiveness of the regional CHP 
Technical Assistance Partnerships. 
‘‘(B) USE
OF
FUNDS.—Funds made available under 
subparagraph (A) may be used— 
‘‘(i) to collect and distribute informational mate-
rials relevant to manufacturers, commercial buildings, 
institutional facilities, and Federal sites, including 
continued support of the mission goals of the Depart-
ment of Defense, on CHP and microgrid technologies, 
including continuation and updating of— 
‘‘(I) the CHP installation database; 
‘‘(II) CHP technology potential analyses; 
‘‘(III) State CHP resource pages; and 
‘‘(IV) CHP Technical Assistance Partnerships 
websites;
H. R. 133—1270 
‘‘(ii) to produce and conduct workshops, reports, 
seminars, internet programs, CHP resiliency resources, 
and other activities to provide education to end users, 
regulators, and stakeholders in a manner that leads 
to the deployment of CHP technologies; 
‘‘(iii) to provide or coordinate onsite assessments 
for sites and enterprises that may consider deployment 
of CHP technology, including the potential use of bio-
mass CHP systems; 
‘‘(iv) to identify candidates for deployment of CHP 
technologies, hybrid renewable-CHP technologies, bio-
mass CHP, microgrids, and clean energy; 
‘‘(v) to provide nonbiased engineering support to 
sites considering deployment of CHP technologies; 
‘‘(vi) to assist organizations and communities, 
including rural communities, developing clean energy 
technologies and policies in overcoming barriers to 
deployment; and 
‘‘(vii) to assist companies, communities (including 
rural communities), and organizations with field 
validation and performance evaluations of CHP and 
other clean energy technologies implemented. 
‘‘(C) DURATION.—The Program shall make funds avail-
able under subparagraph (A) for a period of 5 years. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $12,000,000 for each 
of fiscal years 2021 through 2025.’’. 
(b) CONFORMING AMENDMENT.—The table of contents of the 
Energy Policy and Conservation Act is amended by striking the 
item relating to section 375 and inserting the following: 
‘‘375. CHP Technical Assistance Partnership Program.’’. 
SEC. 1014. SMART ENERGY WATER EFFICIENCY PILOT PROGRAM. 
(a) SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.— 
Subtitle A of title IX of the Energy Policy Act of 2005 (42 U.S.C. 
16191 et seq.) is amended by adding at the end the following: 
‘‘SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 
‘‘(A) a utility; 
‘‘(B) a municipality; 
‘‘(C) a water district; 
‘‘(D) an Indian Tribe or Alaska Native village; and 
‘‘(E) any other authority that provides water, waste-
water, or water reuse services. 
‘‘(2) SMART
ENERGY
AND
WATER
EFFICIENCY
PILOT
PRO-
GRAM.—The term ‘smart energy and water efficiency pilot pro-
gram’ or ‘pilot program’ means the pilot program established 
under subsection (b). 
‘‘(b) SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish and carry 
out a smart energy and water efficiency pilot program in accord-
ance with this section. 
‘‘(2) PURPOSE.—The purpose of the smart energy and water 
efficiency pilot program is to award grants to eligible entities
H. R. 133—1271 
to demonstrate unique, advanced, or innovative technology- 
based solutions that will— 
‘‘(A) improve the net energy balance of water, waste-
water, and water reuse systems; 
‘‘(B) improve the net energy balance of water, waste-
water, and water reuse systems to help communities across 
the United States make measurable progress in conserving 
water, saving energy, and reducing costs; 
‘‘(C) support the implementation of innovative and 
unique processes and the installation of established 
advanced automated systems that provide real-time data 
on energy and water; and 
‘‘(D) improve energy-water conservation and quality 
and predictive maintenance through technologies that uti-
lize internet connected technologies, including sensors, 
intelligent gateways, and security embedded in hardware. 
‘‘(3) PROJECT SELECTION.— 
‘‘(A) IN GENERAL.—The Secretary shall make competi-
tive, merit-reviewed grants under the pilot program to 
not less than 3, but not more than 5, eligible entities. 
‘‘(B) SELECTION
CRITERIA.—In selecting an eligible 
entity to receive a grant under the pilot program, the 
Secretary shall consider— 
‘‘(i) energy and cost savings; 
‘‘(ii) the uniqueness, commercial viability, and reli-
ability of the technology to be used; 
‘‘(iii) the degree to which the project integrates 
next-generation 
sensors 
software, 
analytics, 
and 
management tools; 
‘‘(iv) the anticipated cost-effectiveness of the pilot 
project through measurable energy savings, water 
savings or reuse, and infrastructure costs averted; 
‘‘(v) whether the technology can be deployed in 
a variety of geographic regions and the degree to which 
the technology can be implemented in a wide range 
of applications ranging in scale from small towns to 
large cities, including Tribal communities; 
‘‘(vi) whether the technology has been successfully 
deployed elsewhere; 
‘‘(vii) whether the technology was sourced from 
a manufacturer based in the United States; and 
‘‘(viii) whether the project will be completed in 
5 years or less. 
‘‘(C) APPLICATIONS.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), an eligible 
entity seeking a grant under the pilot program shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary determines to be necessary. 
‘‘(ii) CONTENTS.—An application under clause (i) 
shall, at a minimum, include— 
‘‘(I) a description of the project; 
‘‘(II) a description of the technology to be used 
in the project; 
‘‘(III) the anticipated results, including energy 
and water savings, of the project; 
‘‘(IV) a comprehensive budget for the project;
H. R. 133—1272 
‘‘(V) the names of the project lead organization 
and any partners; 
‘‘(VI) the number of users to be served by 
the project; 
‘‘(VII) a description of the ways in which the 
proposal would meet performance measures estab-
lished by the Secretary; and 
‘‘(VIII) any other information that the Sec-
retary determines to be necessary to complete the 
review and selection of a grant recipient. 
‘‘(4) ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall select 
grant recipients under this section. 
‘‘(B) EVALUATIONS.— 
‘‘(i) ANNUAL
EVALUATIONS.—The Secretary shall 
annually carry out an evaluation of each project for 
which a grant is provided under this section that meets 
performance measures and benchmarks developed by 
the Secretary, consistent with the purposes of this 
section. 
‘‘(ii) REQUIREMENTS.—Consistent with the perform-
ance measures and benchmarks developed under clause 
(i), in carrying out an evaluation under that clause, 
the Secretary shall— 
‘‘(I) evaluate the progress and impact of the 
project; and 
‘‘(II) assess the degree to which the project 
is meeting the goals of the pilot program. 
‘‘(C) TECHNICAL
AND
POLICY
ASSISTANCE.—On the 
request of a grant recipient, the Secretary shall provide 
technical and policy assistance. 
‘‘(D) BEST PRACTICES.—The Secretary shall make avail-
able to the public through the Internet and other means 
the Secretary considers to be appropriate— 
‘‘(i) a copy of each evaluation carried out under 
subparagraph (B); and 
‘‘(ii) a description of any best practices identified 
by the Secretary as a result of those evaluations. 
‘‘(E) REPORT TO CONGRESS.—The Secretary shall submit 
to Congress a report containing the results of each evalua-
tion carried out under subparagraph (B). 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to carry out this section 
$15,000,000, to remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The table of contents of the 
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) 
is amended by inserting after the item relating to section 917 
the following: 
‘‘Sec. 918. Smart energy and water efficiency pilot program.’’. 
TITLE II—NUCLEAR 
SEC. 2001. ADVANCED NUCLEAR FUEL AVAILABILITY. 
(a) PROGRAM.—
H. R. 133—1273 
(1) ESTABLISHMENT.—The Secretary shall establish and 
carry out, through the Office of Nuclear Energy, a program 
to support the availability of HA–LEU for civilian domestic 
research, development, demonstration, and commercial use. 
(2) PROGRAM
ELEMENTS.—In carrying out the program 
under paragraph (1), the Secretary— 
(A) shall develop, in consultation with the Commission, 
criticality benchmark data to assist the Commission in— 
(i) the licensing and regulation of special nuclear 
material fuel fabrication and enrichment facilities 
under part 70 of title 10, Code of Federal Regulations; 
and 
(ii) certification of transportation packages under 
part 71 of title 10, Code of Federal Regulations; 
(B) shall conduct research and development, and pro-
vide financial assistance to assist commercial entities, to 
design and license transportation packages for HA–LEU, 
including canisters for metal, gas, and other HA–LEU com-
positions; 
(C) shall, to the extent practicable— 
(i) by January 1, 2024, support commercial entity 
submission of such transportation package designs to 
the Commission for certification by the Commission 
under part 71 of title 10, Code of Federal Regulations; 
and 
(ii) encourage the Commission to have such 
transportation package designs so certified by the 
Commission within 24 months after receipt of an 
application; 
(D) shall consider options for acquiring or providing 
HA–LEU from a stockpile of uranium owned by the Depart-
ment, or using enrichment technology, to make available 
to members of the consortium established pursuant to 
subparagraph (F) for commercial use or demonstration 
projects, taking into account cost and amount of time 
required, and prioritizing methods that would produce 
usable HA–LEU the quickest, including options for 
acquiring or providing HA–LEU— 
(i) that— 
(I) directly meets the needs of an end user; 
and 
(II) has been previously used or fabricated for 
another purpose; 
(ii) that meets the needs of an end user after 
having radioactive or other contaminants that resulted 
from a previous use or fabrication of the fuel for 
research, development, demonstration, or deployment 
activities of the Department removed; 
(iii) that is produced from high-enriched uranium 
that is blended with lower assay uranium to become 
HA–LEU to meet the needs of an end user; 
(iv) that is produced by Department research, 
development, and demonstration activities; 
(v) that is produced in the United States by— 
(I) a United States-owned commercial entity 
operating United States-origin technology;
H. R. 133—1274 
(II) a United States-owned commercial entity 
operating a foreign-origin technology; or 
(III) a foreign-owned entity operating a for-
eign-origin technology; 
(vi) that does not require extraction of uranium 
or development of uranium from lands managed by 
the Federal Government, cause harm to the natural 
or cultural resources of Tribal communities or sov-
ereign Native Nations, or result in degraded ground 
or surface water quality on publicly managed or pri-
vately owned lands; or 
(vii) that does not negatively impact the avail-
ability of HA–LEU by the Department to support the 
production of medical isotopes, including the medical 
isotopes defined under the American Medical Isotopes 
Production Act of 2012 (Public Law 112–239; 126 Stat. 
2211); 
(E) not later than 1 year after the date of enactment 
of this Act, and biennially thereafter, shall conduct a survey 
of stakeholders to estimate the quantity of HA–LEU nec-
essary for domestic commercial use for each of the 5 subse-
quent years; 
(F) shall establish, and from time to time update, a 
consortium, which may include entities involved in any 
stage of the nuclear fuel cycle, to partner with the Depart-
ment to support the availability of HA–LEU for civilian 
domestic demonstration and commercial use, including by— 
(i) providing information to the Secretary for pur-
poses of surveys conducted under subparagraph (E); 
(ii) purchasing HA–LEU made available by the 
Secretary to members of the consortium for commercial 
use under the program; and 
(iii) carrying out demonstration projects using HA– 
LEU provided by the Secretary under the program; 
(G) if applicable, shall, prior to acquiring or providing 
HA–LEU under subparagraph (H), in coordination with 
the consortium established pursuant to subparagraph (F), 
develop a schedule for cost recovery of HA–LEU made 
available to members of the consortium using HA–LEU 
for commercial use pursuant to subparagraph (H); 
(H) shall, beginning not later than 3 years after the 
establishment of a consortium under subparagraph (F), 
have the capability to acquire or provide HA–LEU, in order 
to make such HA–LEU available to members of the consor-
tium beginning not later than January 1, 2026, in amounts 
that are consistent, to the extent practicable, with— 
(i) the quantities estimated under the surveys con-
ducted under subparagraph (E); plus 
(ii) the quantities necessary for demonstration 
projects carried out under the program, as determined 
by the Secretary; 
(I) shall, for advanced reactor demonstration projects, 
prioritize the provision of HA–LEU made available under 
this section through a merit-based, competitive selection 
process; and 
(J) shall seek to ensure that the activities carried out 
under this section do not cause any delay in the progress
H. R. 133—1275 
of any HA–LEU project between private industry and the 
Department that is underway as of the date of the enact-
ment of this section. 
(3) APPLICABILITY OF USEC PRIVATIZATION ACT.— 
(A) SALE OR TRANSFER TO CONSORTIUM.—The require-
ments of section 3112 of the USEC Privatization Act (42 
U.S.C. 2297h–10), except for the requirements of subpara-
graph (A) of section 3112(d)(2), shall not apply to the provi-
sion of enrichment services, or the sale or transfer of HA– 
LEU for commercial use by the Secretary to a member 
of the consortium under this subsection. 
(B) DEMONSTRATION.—HA–LEU made available to 
members of the consortium established pursuant to para-
graph (2)(F) for demonstration projects shall remain the 
property of and title will remain with the Department, 
which shall be responsible for the storage, use, and disposi-
tion of all radioactive waste and spent nuclear fuel created 
by the irradiation, processing, or purification of such ura-
nium, and shall not be subject to the requirements of 
a sale or transfer of uranium under sections 3112, except 
for the requirements of subparagraph (A) of section 
3112(d)(2), and 3113 of the USEC Privatization Act (42 
U.S.C. 2297h–10; 42 U.S.C. 2297h–11). 
(4) NATIONAL SECURITY NEEDS.—The Secretary shall only 
make available to a member of the consortium under this 
section for commercial or demonstration project use material 
that the President has determined is not necessary for national 
security needs, provided that this available material shall not 
include any material that the Secretary may determine to be 
necessary for the National Nuclear Security Administration 
or other critical Departmental missions. 
(5) DOE ACQUISITION OF HA–LEU.—The Secretary may not 
make commitments under this section (including cooperative 
agreements (used in accordance with section 6305 of title 31, 
United States Code), purchase agreements, guarantees, leases, 
service contracts, or any other type of commitment) for the 
purchase or other acquisition of HA–LEU unless— 
(A) funds are specifically provided for such purposes 
in advance in subsequent appropriations Acts, and only 
to the extent that the full extent of anticipated costs stem-
ming from such commitments is recorded as an obligation 
up front and in full at the time it is made; or 
(B) such committing agreement includes a clause condi-
tioning the Federal Government’s obligation on the avail-
ability of future year appropriations. 
(6) SUNSET.—The authority of the Secretary to carry out 
the program under this subsection shall expire on the earlier 
of— 
(A) September 30, 2034; or 
(B) 90 days after the date on which HA–LEU is avail-
able to provide a reliable and adequate supply for civilian 
domestic advanced nuclear reactors in the commercial 
market. 
(7) LIMITATION.—The Secretary shall not barter or other-
wise sell or transfer uranium in any form in exchange for 
services relating to the final disposition of radioactive waste 
from uranium that is made available under this subsection.
H. R. 133—1276 
(b) REPORTS TO CONGRESS.— 
(1) COMMISSION
REPORT
ON
NECESSARY
REGULATORY 
UPDATES.—Not later than 12 months after the date of enact-
ment of this Act, the Commission shall submit to Congress 
a report that includes— 
(A) identification of updates to regulations, certifi-
cations, and other regulatory policies that the Commission 
determines are necessary in order for HA–LEU to be 
commercially available, including— 
(i) guidance for material control and accountability 
of special nuclear material; 
(ii) certifications relating to transportation pack-
aging for HA–LEU; and 
(iii) licensing of enrichment, conversion, and fuel 
fabrication facilities for HA–LEU, and associated phys-
ical security plans for such facilities; 
(B) a description of such updates; and 
(C) a timeline to complete such updates. 
(2) DOE REPORT ON PROGRAM TO SUPPORT THE AVAILABILITY 
OF
HA–LEU
FOR
CIVILIAN
DOMESTIC
DEMONSTRATION
AND 
COMMERCIAL USE.— 
(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall submit 
to Congress a report that describes actions proposed to 
be carried out by the Secretary under the program 
described in subsection (a)(1). 
(B) COORDINATION AND STAKEHOLDER INPUT.—In devel-
oping the report under this paragraph, the Secretary shall 
consult with— 
(i) the Commission; 
(ii) suppliers of medical isotopes that have con-
verted their operations to use HA–LEU; 
(iii) the National Laboratories; 
(iv) institutions of higher education; 
(v) a diverse group of entities from the nuclear 
energy industry; 
(vi) a diverse group of technology developers; 
(vii) experts in nuclear nonproliferation, environ-
mental safety, safeguards and security, and public 
health and safety; and 
(viii) members of the consortium created under 
subsection (a)(2)(F). 
(C) COST AND SCHEDULE ESTIMATES.—The report under 
this paragraph shall include estimated costs, budgets, and 
timeframes for all activities carried out under this section. 
(D) REQUIRED EVALUATIONS.—The report under this 
paragraph shall evaluate— 
(i) the actions required to establish and carry out 
the program under subsection (a)(1) and the cost of 
such actions, including with respect to— 
(I) proposed preliminary terms for contracting 
between the Department and recipients of HA– 
LEU under the program (including guidelines 
defining the roles and responsibilities between the 
Department and the recipient); and 
(II) the potential to coordinate with recipients 
of HA–LEU under the program regarding—
H. R. 133—1277 
(aa) fuel fabrication; and 
(bb) fuel transport; 
(ii) the potential sources and fuel forms available 
to provide uranium for the program under subsection 
(a)(1); 
(iii) options to coordinate the program under sub-
section (a)(1) with the operation of the versatile, 
reactor-based fast neutron source under section 959A 
of the Energy Policy Act of 2005 (as added by section 
2003); 
(iv) the ability of uranium producers to provide 
materials for advanced nuclear reactor fuel; 
(v) any associated legal, regulatory, and policy 
issues that should be addressed to enable— 
(I) implementation of the program under sub-
section (a)(1); and 
(II) the establishment of an industry capable 
of providing HA–LEU; and 
(vi) any research and development plans to develop 
criticality benchmark data under subsection (a)(2)(A), 
if needed. 
(3) ALTERNATE FUELS REPORT.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall, 
after consulting with relevant entities, including National Lab-
oratories, institutions of higher education, and technology devel-
opers, submit to Congress a report identifying any and all 
options for providing nuclear material, containing isotopes other 
than the uranium-235 isotope, such as uranium-233 and tho-
rium-232 to be used as fuel for advanced nuclear reactor 
research, development, demonstration, or commercial applica-
tion purposes. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out research, development, demonstra-
tion, and transportation activities in this section— 
(1) $31,500,000 for fiscal year 2021; 
(2) $33,075,000 for fiscal year 2022; 
(3) $34,728,750 for fiscal year 2023; 
(4) $36,465,188 for fiscal year 2024; and 
(5) $38,288,447 for fiscal year 2025. 
(d) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ means the 
Nuclear Regulatory Commission. 
(2) DEMONSTRATION
PROJECT.—The term ‘‘demonstration 
project’’ has the meaning given such term in section 959A 
of the Energy Policy Act of 2005. 
(3) HA–LEU.—The term ‘‘HA–LEU’’ means high-assay low- 
enriched uranium. 
(4) HIGH-ASSAY LOW-ENRICHED URANIUM.—The term ‘‘high- 
assay low-enriched uranium’’ means uranium having an assay 
greater than 5.0 weight percent and less than 20.0 weight 
percent of the uranium-235 isotope. 
(5) HIGH-ENRICHED
URANIUM.—The term ‘‘high-enriched 
uranium’’ means uranium with an assay of 20.0 weight percent 
or more of the uranium-235 isotope. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Energy.