[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2373 Introduced in Senate (IS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Nuclear
Infrastructure Act of 2021''.
(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.
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.
SEC. 2. DEFINITIONS.
In this Act:
(1) Accident tolerant fuel.--The term ``accident tolerant
fuel'' has the meaning given the term in section 107(a) of the
Nuclear Energy Innovation and Modernization Act (Public Law
115-439; 132 Stat. 5577).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Advanced nuclear fuel.--The term ``advanced nuclear
fuel'' means--
(A) advanced nuclear reactor fuel (as defined in
section 3 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215 note; Public Law 115-
439)); and
(B) accident tolerant fuel.
(4) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 3 of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215
note; Public Law 115-439).
(5) Appropriate committees of Congress.--The term
``appropriate committees of Congress'' means--
(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'' means the Chairman of
the Nuclear Regulatory Commission.
(7) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(8) Department.--The term ``Department'' means the
Department of Energy.
(9) Early site permit.--The term ``early site permit'' has
the meaning given the term in section 52.1 of title 10, Code of
Federal Regulations (or a successor regulation).
(10) High-assay, low-enriched uranium.--The term ``high-
assay, low-enriched uranium'' means uranium with an assay
greater than 5 weight percent, but less than 20 weight percent,
of the uranium-235 isotope.
(11) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(12) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(13) Removal; remedial action.--The terms ``removal'' and
``remedial action'' have the meanings given those terms in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(14) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(15) Tribal land.--The term ``Tribal land'' has the meaning
given the term ``Indian country'' in section 1151 of title 18,
United States Code.
TITLE I--REESTABLISHING AMERICAN INTERNATIONAL COMPETITIVENESS AND
GLOBAL LEADERSHIP
SEC. 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'', to
carry out such international nuclear reactor export and innovation
activities as the Commission determines to be appropriate and within
the mission of the Commission.
(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) is amended--
(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 2021.''; 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 2021.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2022.
(d) Savings Clause.--Nothing in this section alters the authority
of the Commission to license and regulate the civilian use of
radioactive materials.
SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR NATIONAL SECURITY
PURPOSES.
(a) Definition of Covered Fuel.--In this section, the term
``covered fuel'' means enriched uranium that is fabricated into fuel
assemblies for nuclear reactors 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.
(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) and part 70 of title 10, Code of Federal Regulations (or
successor regulations), no person subject to the jurisdiction of the
Commission may possess or own covered fuel.
(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) and part 70 of title 10, Code of Federal
Regulations (or successor regulations), unless the Commission
has first consulted with the Secretary and the Secretary of
State before issuing the license.
(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 180 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.
SEC. 103. EXPORT LICENSE REQUIREMENTS.
(a) Definition of Low-Enriched Uranium.--In this section, the term
``low-enriched uranium'' means uranium enriched to less than 20 percent
of the uranium-235 isotope.
(b) Requirement.--The Commission shall not issue an export license
for the transfer of any item described in subsection (d) to a country
described in subsection (c) unless the Commission makes a determination
that such transfer will not be inimical to the interests of the United
States.
(c) Countries Described.--A country referred to in subsection (b)
is a country that--
(1) has not concluded and ratified an Additional Protocol
to its safeguards agreement with the International Atomic
Energy Agency; or
(2) has not ratified or acceded to the amendment to the
Convention on the Physical Protection of Nuclear Material,
signed at Vienna and New York March 3, 1980, described in the
information circular of the International Atomic Energy Agency
numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016.
(d) Items Described.--An item referred to in subsection (b)
includes--
(1) unirradiated nuclear fuel containing special nuclear
material (as defined in section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
(2) a nuclear reactor that uses nuclear fuel described in
paragraph (1); and
(3) any plant or component listed in Appendix I to part 110
of title 10, Code of Federal Regulations (or successor
regulations), that is involved in--
(A) the reprocessing of irradiated nuclear reactor
fuel elements;
(B) the separation of plutonium; or
(C) the separation of the uranium-233 isotope.
(e) Notification.--If the Commission makes a determination under
subsection (b) that the transfer of any item described in subsection
(d) to a country described in subsection (c) will not be inimical to
the interests of the United States, the Commission shall notify the
appropriate committees of Congress.
TITLE II--EXPANDING NUCLEAR ENERGY THROUGH ADVANCED NUCLEAR
TECHNOLOGIES
SEC. 201. ADVANCED NUCLEAR REACTOR PRIZES.
Section 103 of the Nuclear Energy Innovation and Modernization Act
(Public Law 115-439; 132 Stat. 5571) is amended by adding at the end
the following:
``(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 of 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)) or
depleted uranium as fuel for the
advanced nuclear reactor; 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; 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)) by the entity receiving the award
for licensing costs relating to the project for which the award
is made.''.
SEC. 202. 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'')
addressing any unique licensing issues or requirements relating to--
(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 note; Public Law 115-439) or described in
the report required under subsection (e) of
that section (Public Law 115-439; 132 Stat.
5575); or
(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.
SEC. 203. 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)) (as amended
by section 101(c)) is amended by adding at the end the following:
``(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, 2022.
TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION
SEC. 301. NUCLEAR REACTOR INCENTIVES.
(a) Definitions.--In this section:
(1) Certified nuclear reactor.--The term ``certified
nuclear reactor'' means a nuclear reactor that--
(A) operates in a competitive electricity market;
and
(B) is certified under subsection (c)(2)(A)(i) to
submit a sealed bid in accordance with subsection (d).
(2) Credit.--The term ``credit'' means a credit allocated
to a certified nuclear reactor under subsection (e)(2).
(b) Establishment of Program.--Subject to the availability of
appropriations, 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 (e) to
receive credits under paragraph (2) of that subsection.
(c) 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 4-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 4-year period for which credits would
be allocated; and
(iv) a detailed plan to sustain operations
at the conclusion of the applicable 4-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 4-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 year
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'' column indicating
no current significant safety issues;
(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.
(d) 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 4-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 4-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 (c) with respect to each
application submitted under paragraph (1)(A) of that
subsection.
(e) 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 (d)(1) through an
auction process; and
(B) select certified nuclear reactors to be
allocated credits.
(2) Credits.--Subject to subsection (f)(2), on selection
under paragraph (1), a certified nuclear reactor shall be
allocated credits for a 4-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.
(f) 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, 2027.
(g) Additional Requirements.--
(1) Audit.--During the 4-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.
(h) Report.--Not later than January 1, 2025, 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.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2022 through 2027.
SEC. 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) on January 31, 2020, with
respect to COVID-19.
(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, without compromising the mission 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.
SEC. 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)) and the second sentence of section 104
d. of that Act (42 U.S.C. 2134(d)) shall not apply to an entity
described in subsection (b) if the Commission determines that issuance
of the applicable license to that entity is not inimical to--
(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 Group of
Seven as of November 25, 2020, which includes the
United Kingdom, Germany, Canada, Japan, France, and
Italy; or
(B) the Republic of Korea;
(2) a corporation that is incorporated in a country
described in subparagraph (A) or (B) of paragraph (1); or
(3) an alien who is a national of a country described in
subparagraph (A) or (B) of paragraph (1).
(c) Technical Amendment.--Section 103 d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence, by
striking ``any any'' and inserting ``any''.
(d) Savings Clause.--Nothing in this section affects the
requirements of section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565).
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.
(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 section as the
``report'') on manufacturing and construction for nuclear energy
applications.
(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.
SEC. 402. NUCLEAR ENERGY TRAINEESHIP.
Section 313 of division C of the Omnibus Appropriations Act, 2009
(42 U.S.C. 16274a), is amended--
(1) in subsection (a), by striking ``Nuclear Regulatory'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``and subsection (c)'' after
``paragraph (2)'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph
(5); and
(B) by striking paragraph (1) and inserting the
following:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(4) National laboratory.--The term `National Laboratory'
has the meaning given the term in section 951(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(b)).'';
(4) in subsection (d)(2), by striking ``Nuclear
Regulatory'';
(5) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(6) by inserting after subsection (b) the following:
``(c) Nuclear Energy Traineeship Subprogram.--
``(1) In general.--The Commission shall establish, as a
subprogram of the Program, a nuclear energy traineeship
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.
``(2) Requirements.--In carrying out the nuclear energy
traineeship subprogram described in paragraph (1), the
Commission shall--
``(A) coordinate with the Secretary of Energy 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 the
nuclear energy community; and
``(ii) support critical mission needs of
the Commission.''.
TITLE V--MISCELLANEOUS
SEC. 501. 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'' has the meaning given the term in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(3) Standard contract.--The term ``standard contract'' has
the meaning given the term ``contract'' in section 961.3 of
title 10, Code of Federal Regulations (or a successor
regulation).
(b) Report.--Not later than January 1, 2023, 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 et seq.) resulting in financial
damages to the holder;
(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 et seq.);
(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.
SEC. 502. 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'' means a site that--
(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'' has the
meaning given the term ``Indian tribe'' in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(3) National priorities list.--The term ``National
Priorities List'' means the National Priorities List developed
by the President in accordance with section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2022 through 2031, to remain
available until expended--
(1) $97,000,000 to the Administrator to carry out this
section (except for subsection (d)); and
(2) $3,000,000 to the Administrator of the Agency for Toxic
Substances and Disease Registry to carry out subsection (d).
(c) Uses of Amounts.--Amounts appropriated under subsection (b)(1)
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)(1) 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)),
except that--
(A) ``Administrator of the Environmental Protection
Agency'' shall be substituted for ``President'' each
place it appears in that section; and
(B) in the first sentence of that section, ``under
section 502 of the American Nuclear Infrastructure Act
of 2021'' shall be substituted for ``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)) with respect to that eligible non-NPL site
unless the action is commenced within the timeframe provided for such
actions with respect to facilities on the National Priorities List in
the first sentence of the matter following subparagraph (B) of section
113(g)(1) of that Act (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.
SEC. 503. NUCLEAR CLOSURE COMMUNITIES.
(a) Definitions.--In this section:
(1) Community advisory board.--The term ``community
advisory board'' means a community committee or other advisory
organization that aims to foster communication and information
exchange between a licensee planning for and involved in
decommissioning activities and members of the community that
decommissioning activities may affect.
(2) Decommission.--The term ``decommission'' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or successor regulations).
(3) Eligible recipient.--The term ``eligible recipient''
has the meaning given the term in section 3 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3122).
(4) Licensee.--The term ``licensee'' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or successor regulations).
(5) Nuclear closure community.--The term ``nuclear closure
community'' means a unit of local government, including a
county, city, town, village, school district, or special
district that has been impacted, or reasonably demonstrates to
the satisfaction of the Secretary, that it will be impacted, by
a nuclear power plant licensed by the Commission that has
ceased operation or has provided a written notification to the
Commission that it will cease operations as of the date of
enactment of this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary of Commerce
for Economic Development.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a grant program to
provide grants to eligible recipients--
(1) to assist with economic development in nuclear closure
communities; and
(2) to fund community advisory boards in nuclear closure
communities.
(c) Requirement.--In carrying out this section, to the maximum
extent practicable, the Secretary shall implement the recommendations
described in the report submitted to Congress under section 108 of the
Nuclear Energy Innovation and Modernization Act (Public Law 115-439;
132 Stat. 5577) entitled ``Best Practices for Establishment and
Operation of Local Community Advisory Boards Associated with
Decommissioning Activities at Nuclear Power Plants''.
(d) Distribution of Funds.--The Secretary shall establish a formula
to ensure, to the maximum extent practicable, geographic diversity
among grant recipients under this section.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary--
(A) to carry out subsection (b)(1), $30,000,000 for
each of fiscal years 2022 through 2027; and
(B) to carry out subsection (b)(2), $5,000,000 for
each of fiscal years 2022 through 2024.
(2) Availability.--Amounts made available under this
section shall remain available for a period of 5 years
beginning on the date on which the amounts are made available.
(3) No offset.--None of the funds made available under this
section may be used to offset the funding for any other Federal
program.
SEC. 504. REPORT ON CORPORATE SUPPORT.
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 that describes--
(1) the progress on the implementation of section 102(a)(3)
of the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(a)(3)); and
(2) whether the Commission is meeting and is expected to
meet the total budget authority caps required for corporate
support under that section.
SEC. 505. TECHNICAL CORRECTION.
Section 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c))
is amended--
(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''
and inserting the following:
``(2) Regulation.--The Commission''; and
(3) by striking ``c. The Commission'' and inserting the
following:
``c. Research and Development Activities.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Commission''.
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