[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 903 Reported in Senate (RS)]
<DOC>
Calendar No. 217
116th CONGRESS
1st Session
S. 903
[Report No. 116-114]
To direct the Secretary of Energy to establish advanced nuclear goals,
provide for a versatile, reactor-based fast neutron source, make
available high-assay, low-enriched uranium for research, development,
and demonstration of advanced nuclear reactor concepts, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2019
Ms. Murkowski (for herself, Mr. Booker, Mr. Alexander, Mr. Manchin, Mr.
Risch, Mr. Whitehouse, Mr. Crapo, Mr. Coons, Mrs. Capito, Ms.
Duckworth, Mr. Sullivan, Mr. Bennet, Mr. Graham, Mr. Portman, Mr.
Gardner, Mr. Jones, Mr. Cramer, Mr. Cardin, Mr. Braun, and Ms. McSally)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
September 24, 2019
Reported by Ms. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to establish advanced nuclear goals,
provide for a versatile, reactor-based fast neutron source, make
available high-assay, low-enriched uranium for research, development,
and demonstration of advanced nuclear reactor concepts, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Nuclear Energy Leadership
Act''.</DELETED>
<DELETED>SEC. 2. AUTHORIZATION OF LONG-TERM POWER PURCHASE
AGREEMENTS.</DELETED>
<DELETED> Section 501(b)(1) of title 40, United States Code, is
amended by striking subparagraph (B) and inserting the
following:</DELETED>
<DELETED> ``(B) Public utility contracts.--
</DELETED>
<DELETED> ``(i) Term.--</DELETED>
<DELETED> ``(I) In general.--A
contract under this paragraph to
purchase electricity from a public
utility may be for a period of not more
than 40 years.</DELETED>
<DELETED> ``(II) Other public
utility services.--A contract under
this paragraph for a public utility
service other than a service described
in subclause (I) may be for a period of
not more than 10 years.</DELETED>
<DELETED> ``(ii) Costs.--The cost of a
contract under this paragraph for any fiscal
year may be paid from the appropriations for
that fiscal year.''.</DELETED>
<DELETED>SEC. 3. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT
PROGRAM.</DELETED>
<DELETED> (a) In General.--Subtitle B of title VI of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 782) is amended by
adding at the end the following:</DELETED>
<DELETED>``SEC. 640. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT
PROGRAM.</DELETED>
<DELETED> ``(a) Establishment.--The Secretary shall establish a
pilot program for a long-term power purchase agreement.</DELETED>
<DELETED> ``(b) Requirements.--In developing the pilot program under
this section, the Secretary shall--</DELETED>
<DELETED> ``(1) consult and coordinate with the heads of
other Federal departments and agencies that may benefit from
purchasing nuclear power for a period of longer than 10 years,
including--</DELETED>
<DELETED> ``(A) the Secretary of Defense;
and</DELETED>
<DELETED> ``(B) the Secretary of Homeland Security;
and</DELETED>
<DELETED> ``(2) not later than December 31, 2023, enter into
at least 1 agreement to purchase power from a commercial
nuclear reactor that receives a license from the Nuclear
Regulatory Commission after January 1, 2019.</DELETED>
<DELETED> ``(c) Factors for Consideration.--</DELETED>
<DELETED> ``(1) In general.--In carrying out this section,
the Secretary shall give special consideration to power
purchase agreements for first-of-a-kind or early deployment
nuclear technologies that can provide reliable and resilient
power to high-value assets for national security purposes or
other purposes as the Secretary determines to be in the
national interest, especially in remote off-grid scenarios or
grid-connected scenarios that can provide capabilities commonly
known as `islanding power capabilities' during an emergency
scenario.</DELETED>
<DELETED> ``(2) Effect on rates.--An agreement to purchase
power under this section may be at a rate that is higher than
the average market rate, if the agreement fulfills an
applicable consideration described in paragraph
(1).''.</DELETED>
<DELETED> (b) Table of Contents.--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 639 the
following:</DELETED>
<DELETED>``Sec. 640. Long-term nuclear power purchase agreement pilot
program.''.
<DELETED>SEC. 4. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT
GOALS.</DELETED>
<DELETED> (a) In General.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at
the end the following:</DELETED>
<DELETED>``SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT
GOALS.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Advanced nuclear reactor.--The term
`advanced nuclear reactor' means--</DELETED>
<DELETED> ``(A) a nuclear fission reactor, including
a prototype plant (as defined in sections 50.2 and 52.1
of title 10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to the most recent generation of fission reactors,
including improvements such as--</DELETED>
<DELETED> ``(i) additional inherent safety
features;</DELETED>
<DELETED> ``(ii) lower waste
yields;</DELETED>
<DELETED> ``(iii) improved fuel
performance;</DELETED>
<DELETED> ``(iv) increased tolerance to loss
of fuel cooling;</DELETED>
<DELETED> ``(v) enhanced
reliability;</DELETED>
<DELETED> ``(vi) increased proliferation
resistance;</DELETED>
<DELETED> ``(vii) increased thermal
efficiency;</DELETED>
<DELETED> ``(viii) reduced consumption of
cooling water;</DELETED>
<DELETED> ``(ix) the ability to integrate
into electric applications and nonelectric
applications;</DELETED>
<DELETED> ``(x) modular sizes to allow for
deployment that corresponds with the demand for
electricity; or</DELETED>
<DELETED> ``(xi) operational flexibility to
respond to changes in demand for electricity
and to complement integration with intermittent
renewable energy; and</DELETED>
<DELETED> ``(B) a fusion reactor.</DELETED>
<DELETED> ``(2) Demonstration project.--The term
`demonstration project' means an advanced nuclear reactor
operated--</DELETED>
<DELETED> ``(A) as part of the power generation
facilities of an electric utility system; or</DELETED>
<DELETED> ``(B) in any other manner for the purpose
of demonstrating the suitability for commercial
application of the advanced nuclear reactor.</DELETED>
<DELETED> ``(b) Purpose.--The purpose of this section is to direct
the Secretary, as soon as practicable after the date of enactment of
this section, to advance the research and development of domestic
advanced, affordable, and clean nuclear energy by--</DELETED>
<DELETED> ``(1) demonstrating different advanced nuclear
reactor technologies that could be used by the private sector
to produce--</DELETED>
<DELETED> ``(A) emission-free power at a levelized
cost of electricity of $60 per megawatt-hour or
less;</DELETED>
<DELETED> ``(B) heat for community heating,
industrial purposes, or synthetic fuel
production;</DELETED>
<DELETED> ``(C) remote or off-grid energy supply;
or</DELETED>
<DELETED> ``(D) backup or mission-critical power
supplies;</DELETED>
<DELETED> ``(2) developing subgoals for nuclear energy
research programs that would accomplish the goals of the
demonstration projects carried out under subsection
(c);</DELETED>
<DELETED> ``(3) identifying research areas that the private
sector is unable or unwilling to undertake due to the cost of,
or risks associated with, the research; and</DELETED>
<DELETED> ``(4) facilitating the access of the private
sector--</DELETED>
<DELETED> ``(A) to Federal research facilities and
personnel; and</DELETED>
<DELETED> ``(B) to the results of research relating
to civil nuclear technology funded by the Federal
Government.</DELETED>
<DELETED> ``(c) Demonstration Projects.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall, to the
maximum extent practicable--</DELETED>
<DELETED> ``(A) complete not fewer than 2 advanced
nuclear reactor demonstration projects by not later
than December 31, 2025; and</DELETED>
<DELETED> ``(B) establish a program to demonstrate
not fewer than 2, and not more than 5, additional
operational advanced reactor designs by not later than
December 31, 2035.</DELETED>
<DELETED> ``(2) Requirements.--In carrying out demonstration
projects under paragraph (1), the Secretary shall--</DELETED>
<DELETED> ``(A) include diversity in designs for the
advanced nuclear reactors demonstrated under this
section, including designs using various--</DELETED>
<DELETED> ``(i) primary coolants;</DELETED>
<DELETED> ``(ii) fuel types and
compositions; and</DELETED>
<DELETED> ``(iii) neutron spectra;</DELETED>
<DELETED> ``(B) seek to ensure that--</DELETED>
<DELETED> ``(i) the long-term cost of
electricity or heat for each design to be
demonstrated under this subsection is cost-
competitive in the applicable market;</DELETED>
<DELETED> ``(ii) the selected projects can
meet the deadline established in paragraph (1)
to demonstrate first-of-a-kind advanced nuclear
reactor technologies, for which additional
information shall be considered, including--
</DELETED>
<DELETED> ``(I) the technology
readiness level of a proposed advanced
nuclear reactor technology;</DELETED>
<DELETED> ``(II) the technical
abilities and qualifications of teams
desiring to partner with the Department
to demonstrate a proposed advanced
nuclear reactor technology;
and</DELETED>
<DELETED> ``(III) the capacity to
meet cost-share requirements of the
Department;</DELETED>
<DELETED> ``(C) ensure that each evaluation of
candidate technologies for the demonstration projects
is completed through an external review of proposed
designs, which review shall--</DELETED>
<DELETED> ``(i) be conducted by a panel that
includes not fewer than 1 representative of
each of--</DELETED>
<DELETED> ``(I) an electric utility;
and</DELETED>
<DELETED> ``(II) an entity that uses
high-temperature process heat for
manufacturing or industrial processing,
such as a petrochemical company, a
manufacturer of metals, or a
manufacturer of concrete; and</DELETED>
<DELETED> ``(ii) include a review of cost-
competitiveness and other value streams,
together with the technology readiness level,
of each design to be demonstrated under this
subsection;</DELETED>
<DELETED> ``(D) enter into cost-sharing agreements
with partners in accordance with section 988 for the
conduct of activities relating to the research,
development, and demonstration of private-sector
advanced nuclear reactor designs under the
program;</DELETED>
<DELETED> ``(E) work with private sector partners to
identify potential sites, including Department-owned
sites, for demonstrations, as appropriate;
and</DELETED>
<DELETED> ``(F) align specific activities carried
out under demonstration projects carried out under this
subsection with priorities identified through direct
consultations between--</DELETED>
<DELETED> ``(i) the Department;</DELETED>
<DELETED> ``(ii) National
Laboratories;</DELETED>
<DELETED> ``(iii) institutions of higher
education;</DELETED>
<DELETED> ``(iv) traditional end-users (such
as electric utilities);</DELETED>
<DELETED> ``(v) potential end-users of new
technologies (such as users of high-temperature
process heat for manufacturing processing,
including petrochemical companies,
manufacturers of metals, or manufacturers of
concrete); and</DELETED>
<DELETED> ``(vi) developers of advanced
nuclear reactor technology.</DELETED>
<DELETED> ``(3) Additional requirements.--In carrying out
demonstration projects under paragraph (1), the Secretary
shall--</DELETED>
<DELETED> ``(A) identify candidate technologies
that--</DELETED>
<DELETED> ``(i) are not developed
sufficiently for demonstration within the
initial required timeframe described in
paragraph (1)(A); but</DELETED>
<DELETED> ``(ii) could be demonstrated
within the timeframe described in paragraph
(1)(B);</DELETED>
<DELETED> ``(B) identify technical challenges to the
candidate technologies identified in subparagraph
(A);</DELETED>
<DELETED> ``(C) support near-term research and
development to address the highest-risk technical
challenges to the successful demonstration of a
selected advanced reactor technology, in accordance
with--</DELETED>
<DELETED> ``(i) subparagraph (B);
and</DELETED>
<DELETED> ``(ii) the research and
development activities under section
958;</DELETED>
<DELETED> ``(D) establish such technology advisory
working groups as the Secretary determines to be
appropriate to advise the Secretary regarding the
technical challenges identified under subparagraph (B)
and the scope of research and development programs to
address the challenges, in accordance with subparagraph
(C), to be comprised of--</DELETED>
<DELETED> ``(i) private-sector advanced
nuclear reactor technology
developers;</DELETED>
<DELETED> ``(ii) technical experts with
respect to the relevant technologies at
institutions of higher education; and</DELETED>
<DELETED> ``(iii) technical experts at the
National Laboratories.</DELETED>
<DELETED> ``(d) Goals.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall establish
goals for research relating to advanced nuclear reactors
facilitated by the Department that support the objectives of
the program for demonstration projects established under
subsection (c).</DELETED>
<DELETED> ``(2) Coordination.--In developing the goals under
paragraph (1), the Secretary shall coordinate, on an ongoing
basis, with members of private industry to advance the
demonstration of various designs of advanced nuclear
reactors.</DELETED>
<DELETED> ``(3) Requirements.--In developing the goals under
paragraph (1), the Secretary shall ensure that--</DELETED>
<DELETED> ``(A) research activities facilitated by
the Department to meet the goals developed under this
subsection are focused on key areas of nuclear research
and deployment ranging from basic science to full-
design development, safety evaluation, and
licensing;</DELETED>
<DELETED> ``(B) research programs designed to meet
the goals emphasize--</DELETED>
<DELETED> ``(i) resolving materials
challenges relating to extreme environments,
including extremely high levels of--</DELETED>
<DELETED> ``(I) radiation
fluence;</DELETED>
<DELETED> ``(II)
temperature;</DELETED>
<DELETED> ``(III) pressure;
and</DELETED>
<DELETED> ``(IV) corrosion;
and</DELETED>
<DELETED> ``(ii) qualification of advanced
fuels;</DELETED>
<DELETED> ``(C) activities are carried out that
address near-term challenges in modeling and simulation
to enable accelerated design and licensing;</DELETED>
<DELETED> ``(D) related technologies, such as
technologies to manage, reduce, or reuse nuclear waste,
are developed;</DELETED>
<DELETED> ``(E) nuclear research infrastructure is
maintained or constructed, such as--</DELETED>
<DELETED> ``(i) currently operational
research reactors at the National Laboratories
and institutions of higher education;</DELETED>
<DELETED> ``(ii) hot cell research
facilities;</DELETED>
<DELETED> ``(iii) a versatile fast neutron
source; and</DELETED>
<DELETED> ``(iv) a molten salt testing
facility;</DELETED>
<DELETED> ``(F) basic knowledge of non-light water
coolant physics and chemistry is improved;</DELETED>
<DELETED> ``(G) advanced sensors and control systems
are developed; and</DELETED>
<DELETED> ``(H) advanced manufacturing and advanced
construction techniques and materials are investigated
to reduce the cost of advanced nuclear
reactors.''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
amended--</DELETED>
<DELETED> (1) in the item relating to section 917, by
striking ``Efficiency'';</DELETED>
<DELETED> (2) in the items relating to sections 957, 958,
and 959, by inserting ``Sec.'' before ``9'' each place it
appears; and</DELETED>
<DELETED> (3) by inserting after the item relating to
section 959 the following:</DELETED>
<DELETED>``Sec. 959A. Advanced nuclear reactor research and development
goals.''.
<DELETED>SEC. 5. NUCLEAR ENERGY STRATEGIC PLAN.</DELETED>
<DELETED> (a) In General.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by section
4(a)) is amended by adding at the end the following:</DELETED>
<DELETED>``SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.</DELETED>
<DELETED> ``(a) In General.--Not later than 180 days after the date
of enactment of this section, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committees on Energy and Commerce and Science, Space, and Technology of
the House of Representatives a 10-year strategic plan for the Office of
Nuclear Energy of the Department, in accordance with this
section.</DELETED>
<DELETED> ``(b) Requirements.--</DELETED>
<DELETED> ``(1) Components.--The strategic plan under this
section shall designate--</DELETED>
<DELETED> ``(A) programs that support the planned
accomplishment of--</DELETED>
<DELETED> ``(i) the goals established under
section 959A; and</DELETED>
<DELETED> ``(ii) the demonstration programs
identified under subsection (c) of that
section; and</DELETED>
<DELETED> ``(B) programs that--</DELETED>
<DELETED> ``(i) do not support the planned
accomplishment of demonstration programs, or
the goals, referred to in subparagraph (A);
but</DELETED>
<DELETED> ``(ii) are important to the
mission of the Office of Nuclear Energy, as
determined by the Secretary.</DELETED>
<DELETED> ``(2) Program planning.--In developing the
strategic plan under this section, the Secretary shall specify
expected timelines for, as applicable--</DELETED>
<DELETED> ``(A) the accomplishment of relevant
objectives under current programs of the Department;
or</DELETED>
<DELETED> ``(B) the commencement of new programs to
accomplish those objectives.</DELETED>
<DELETED> ``(c) Updates.--Not less frequently than once every 2
years, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committees on Energy and
Commerce and Science, Space, and Technology of the House of
Representatives an updated 10-year strategic plan in accordance with
subsection (b), which shall identify, and provide a justification for,
any major deviation from a previous strategic plan submitted under this
section.''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) (as
amended by section 4(b)(3)) is amended by inserting after the item
relating to section 959A the following:</DELETED>
<DELETED>``Sec. 959B. Nuclear energy strategic plan.''.
<DELETED>SEC. 6. VERSATILE, REACTOR-BASED FAST NEUTRON
SOURCE.</DELETED>
<DELETED> Section 955(c)(1) of the Energy Policy Act of 2005 (42
U.S.C. 16275(c)(1)) is amended--</DELETED>
<DELETED> (1) in the paragraph heading, by striking
``Mission need'' and inserting ``Authorization''; and</DELETED>
<DELETED> (2) in subparagraph (A), by striking ``determine
the mission need'' and inserting ``provide''.</DELETED>
<DELETED>SEC. 7. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) the national security nuclear enterprise,
which supports the nuclear weapons stockpile stewardship and
naval reactors functions of the National Nuclear Security
Administration, requires a domestic source of low- and high-
enriched uranium in accordance with legal restrictions
regarding foreign obligations relating to the beginning stage
of the nuclear fuel cycle;</DELETED>
<DELETED> (2) many domestic advanced nuclear power industry
participants require access to high-assay, low-enriched uranium
fuel for--</DELETED>
<DELETED> (A) initial fuel testing;</DELETED>
<DELETED> (B) operation of demonstration reactors;
and</DELETED>
<DELETED> (C) commercial operation of advanced
nuclear reactors;</DELETED>
<DELETED> (3) as of the date of enactment of this Act, no
domestic uranium enrichment or fuel fabrication capability
exists for uranium fuel enriched to greater than 5 weight
percent of the uranium-235 isotope;</DELETED>
<DELETED> (4) a healthy commercial nuclear fuel cycle
capable of providing higher levels of enriched uranium would
benefit--</DELETED>
<DELETED> (A) the relevant national security
functions of the National Nuclear Security
Administration; and</DELETED>
<DELETED> (B) the domestic advanced nuclear industry
of the United States; and</DELETED>
<DELETED> (5) making limited quantities of high-assay, low-
enriched uranium available from Department of Energy stockpiles
of uranium would allow for initial fuel testing and
demonstration of advanced nuclear reactor concepts,
accelerating--</DELETED>
<DELETED> (A) the path to market of those concepts;
and</DELETED>
<DELETED> (B) the development of--</DELETED>
<DELETED> (i) a market for advanced nuclear
reactors; and</DELETED>
<DELETED> (ii) a resulting growing
commercial nuclear fuel cycle
capability.</DELETED>
<DELETED> (b) Amendment.--</DELETED>
<DELETED> (1) In general.--Subtitle E of title IX of the
Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended
by section 5(a)) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 960. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) HALEU transportation package.--The term
`HALEU transportation package' means a transportation package
that is suitable for transporting high-assay, low-enriched
uranium.</DELETED>
<DELETED> ``(2) 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.</DELETED>
<DELETED> ``(3) High-enriched uranium.--The term `high-
enriched uranium' means uranium with an assay of 20 weight
percent or more of the uranium-235 isotope.</DELETED>
<DELETED> ``(b) High-Assay, Low-Enriched Uranium Program for
Advanced Reactors.--</DELETED>
<DELETED> ``(1) Establishment.--Not later than 1 year after
the date of enactment of this section, the Secretary shall
establish a program to make available high-assay, low-enriched
uranium, through contracts for sale, resale, transfer, or
lease, for use in commercial or noncommercial advanced nuclear
reactors.</DELETED>
<DELETED> ``(2) Nuclear fuel ownership.--Each lease under
this subsection shall include a provision establishing that the
nuclear fuel that is the subject of the lease shall remain the
property of the Department, including with respect to
responsibility for the final disposition of all radioactive
waste created by the irradiation, processing, or purification
of any leased uranium.</DELETED>
<DELETED> ``(3) Quantity.--In carrying out the program under
this subsection, the Secretary shall make available--</DELETED>
<DELETED> ``(A) by December 31, 2022, high-assay,
low-enriched uranium containing not less than 2 metric
tons of the uranium-235 isotope; and</DELETED>
<DELETED> ``(B) by December 31, 2025, high-assay,
low-enriched uranium containing not less than 10 metric
tons of the uranium-235 isotope (as determined
including the quantities of the uranium-235 isotope
made available before December 31, 2022).</DELETED>
<DELETED> ``(4) Factors for consideration.--In carrying out
the program under this subsection, the Secretary shall take
into consideration options for providing the high-assay, low-
enriched uranium under this subsection from a stockpile of
uranium owned by the Department (including the National Nuclear
Security Administration), including--</DELETED>
<DELETED> ``(A) fuel that--</DELETED>
<DELETED> ``(i) directly meets the needs of
an end-user; but</DELETED>
<DELETED> ``(ii) has been previously used or
fabricated for another purpose;</DELETED>
<DELETED> ``(B) fuel that can meet the needs of an
end-user after removing 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 (including activities of the National
Nuclear Security Administration); and</DELETED>
<DELETED> ``(C) fuel from a high-enriched uranium
stockpile, which can be blended with lower-assay
uranium to become high-assay, low-enriched uranium to
meet the needs of an end-user.</DELETED>
<DELETED> ``(5) Limitation.--The Secretary shall not barter
or otherwise sell or transfer uranium in any form in exchange
for services relating to the final disposition of radioactive
waste from uranium that is the subject of a lease under this
subsection.</DELETED>
<DELETED> ``(6) Sunset.--The program under this subsection
shall terminate on the earlier of--</DELETED>
<DELETED> ``(A) January 1, 2035; and</DELETED>
<DELETED> ``(B) the date on which uranium enriched
up to, but not equal to, 20 weight percent can be
obtained in the commercial market from domestic
suppliers.</DELETED>
<DELETED> ``(c) Report.--</DELETED>
<DELETED> ``(1) In general.--Not later than 180 days after
the date of enactment of this section, the Secretary shall
submit to the appropriate committees of Congress a report that
describes actions proposed to be carried out by the Secretary--
</DELETED>
<DELETED> ``(A) under the program under subsection
(b); or</DELETED>
<DELETED> ``(B) otherwise to enable the commercial
use of high-assay, low-enriched uranium.</DELETED>
<DELETED> ``(2) Coordination and stakeholder input.--In
developing the report under this subsection, the Secretary
shall seek input from--</DELETED>
<DELETED> ``(A) the Nuclear Regulatory
Commission;</DELETED>
<DELETED> ``(B) the National Laboratories;</DELETED>
<DELETED> ``(C) institutions of higher
education;</DELETED>
<DELETED> ``(D) a diverse group of entities
operating in the nuclear energy industry; and</DELETED>
<DELETED> ``(E) a diverse group of technology
developers.</DELETED>
<DELETED> ``(3) Cost and schedule estimates.--The report
under this subsection shall include estimated costs, budgets,
and timeframes for enabling the use of high-assay, low-enriched
uranium.</DELETED>
<DELETED> ``(4) Required evaluations.--The report under this
subsection shall evaluate--</DELETED>
<DELETED> ``(A) the costs and actions required to
establish and carry out the program under subsection
(b), including with respect to--</DELETED>
<DELETED> ``(i) proposed preliminary terms
for the sale, resale, transfer, and leasing of
high-assay, low-enriched uranium (including
guidelines defining the roles and
responsibilities between the Department and the
purchaser, transfer recipient, or lessee);
and</DELETED>
<DELETED> ``(ii) the potential to coordinate
with purchasers, transfer recipients, and
lessees regarding--</DELETED>
<DELETED> ``(I) fuel fabrication;
and</DELETED>
<DELETED> ``(II) fuel
transport;</DELETED>
<DELETED> ``(B) the potential sources and fuel forms
available to provide uranium for the program under
subsection (b);</DELETED>
<DELETED> ``(C) options to coordinate the program
under subsection (b) with the operation of the
versatile, reactor-based fast neutron source under
section 959A;</DELETED>
<DELETED> ``(D) the ability of the domestic uranium
market to provide materials for advanced nuclear
reactor fuel; and</DELETED>
<DELETED> ``(E) any associated legal, regulatory,
and policy issues that should be addressed to enable--
</DELETED>
<DELETED> ``(i) the program under subsection
(b); and</DELETED>
<DELETED> ``(ii) the establishment of a
domestic industry capable of providing high-
assay, low-enriched uranium for commercial and
noncommercial purposes, including with respect
to the needs of--</DELETED>
<DELETED> ``(I) the
Department;</DELETED>
<DELETED> ``(II) the Department of
Defense; and</DELETED>
<DELETED> ``(III) the National
Nuclear Security
Administration.</DELETED>
<DELETED> ``(d) HALEU Transportation Package Research Program.--
</DELETED>
<DELETED> ``(1) In general.--As soon as practicable after
the date of enactment of this section, the Secretary shall
establish a research, development, and demonstration program
under which the Secretary shall provide grants, on a
competitive basis, to establish the capability to transport
high-assay, low-enriched uranium.</DELETED>
<DELETED> ``(2) Requirement.--The focus of the program under
this subsection shall be to establish 1 or more HALEU
transportation packages that can be certified by the Nuclear
Regulatory Commission to transport high-assay, low-enriched
uranium to the various facilities involved in producing or
using nuclear fuel containing high-assay, low-enriched uranium,
such as--</DELETED>
<DELETED> ``(A) enrichment facilities;</DELETED>
<DELETED> ``(B) fuel processing
facilities;</DELETED>
<DELETED> ``(C) fuel fabrication facilities;
and</DELETED>
<DELETED> ``(D) nuclear reactors.''.</DELETED>
<DELETED> (2) Table of contents.--The table of contents of
the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat.
594) (as amended by section 5(b)) is amended by inserting after
the item relating to section 959B the following:</DELETED>
<DELETED>``Sec. 960. Advanced nuclear fuel security program.''.
<DELETED>SEC. 8. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) nuclear power plants--</DELETED>
<DELETED> (A) generate billions of dollars in
national economic activity through procurements
throughout the United States; and</DELETED>
<DELETED> (B) provide tens of thousands of people in
the United States with high-paying jobs, contributing
substantially to the local economies of the communities
in which the plants operate;</DELETED>
<DELETED> (2) the world market for the growth of commercial
nuclear power was estimated by the Department of Commerce to be
valued at up to $740,000,000,000 during the period of calendar
years 2018 through 2028;</DELETED>
<DELETED> (3) the participation and leadership of the United
States in the market described in paragraph (2) will--
</DELETED>
<DELETED> (A)(i) increase economic activity in the
United States through robust nuclear exports, leading
to the enhanced economic security of the United States;
and</DELETED>
<DELETED> (ii) preserve and enhance the ability of
the United States to positively influence international
nuclear safety, security, and nonproliferation
standards through commercial engagement with other
nations; but</DELETED>
<DELETED> (B) require significant investment in
United States-origin advanced nuclear
technologies;</DELETED>
<DELETED> (4) in order to lead the world in the next
generation of commercial nuclear power, the advanced nuclear
industry in the United States should be positioned for
accelerated growth, which requires public-private partnerships
between industry entities and the Federal Government;</DELETED>
<DELETED> (5) success in achieving the goals described in
this subsection will require a whole-government Federal
approach that focuses on the shared needs and individual
mission requirements of, at a minimum--</DELETED>
<DELETED> (A) the Department of Energy;</DELETED>
<DELETED> (B) the National Nuclear Security
Administration; and</DELETED>
<DELETED> (C) the Nuclear Regulatory
Commission;</DELETED>
<DELETED> (6) advanced reactors present new challenges and
opportunities in reactor design, safeguards, and
regulation;</DELETED>
<DELETED> (7) the challenges referred to in paragraph (6)--
</DELETED>
<DELETED> (A) are directly relevant to the missions
of--</DELETED>
<DELETED> (i) the Office of Nuclear Energy
of the Department of Energy;</DELETED>
<DELETED> (ii) the National Nuclear Security
Administration; and</DELETED>
<DELETED> (iii) the Nuclear Regulatory
Commission; and</DELETED>
<DELETED> (B) require a highly skilled workforce in
order to be met; and</DELETED>
<DELETED> (8) nuclear science and engineering programs at
institutions of higher education in the United States--
</DELETED>
<DELETED> (A) annually award degrees in nuclear
engineering and related fields to more than 600
undergraduate students, and 500 graduate students, who
are critical to maintaining United States leadership in
the development of advanced nuclear systems;</DELETED>
<DELETED> (B) perform cutting-edge research and
technology development activities that have made
fundamental contributions to advancing United States
nuclear technology; and</DELETED>
<DELETED> (C) support workforce development critical
to maintaining United States leadership in nuclear
detection, nonproliferation, nuclear medicine, advanced
manufacturing, and other non-energy areas.</DELETED>
<DELETED> (b) Amendment.--Section 313 of the Energy and Water
Development and Related Agencies Appropriations Act, 2009 (42 U.S.C.
16274a), is amended to read as follows:</DELETED>
<DELETED>``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Advanced nuclear reactor.--The term
`advanced nuclear reactor' means--</DELETED>
<DELETED> ``(A) a nuclear fission reactor, including
a prototype plant (as defined in sections 50.2 and 52.1
of title 10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to the most recent generation of fission reactors,
including improvements such as--</DELETED>
<DELETED> ``(i) additional inherent safety
features;</DELETED>
<DELETED> ``(ii) lower waste
yields;</DELETED>
<DELETED> ``(iii) improved fuel
performance;</DELETED>
<DELETED> ``(iv) increased tolerance to loss
of fuel cooling;</DELETED>
<DELETED> ``(v) enhanced
reliability;</DELETED>
<DELETED> ``(vi) increased proliferation
resistance;</DELETED>
<DELETED> ``(vii) increased thermal
efficiency;</DELETED>
<DELETED> ``(viii) reduced consumption of
cooling water;</DELETED>
<DELETED> ``(ix) the ability to integrate
into electric applications and nonelectric
applications;</DELETED>
<DELETED> ``(x) modular sizes to allow for
deployment that corresponds with the demand for
electricity; or</DELETED>
<DELETED> ``(xi) operational flexibility to
respond to changes in demand for electricity
and to complement integration with intermittent
renewable energy; and</DELETED>
<DELETED> ``(B) a fusion reactor.</DELETED>
<DELETED> ``(2) 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)).</DELETED>
<DELETED> ``(3) Program.--The term `Program' means the
University Nuclear Leadership Program established under
subsection (b).</DELETED>
<DELETED> ``(b) Establishment.--The Secretary of Energy, the
Administrator of the National Nuclear Security Administration, and the
Chairman of the Nuclear Regulatory Commission shall jointly establish a
program, to be known as the `University Nuclear Leadership
Program'.</DELETED>
<DELETED> ``(c) Use of Funds.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), amounts made available to carry out the Program shall be
used to provide financial assistance for scholarships,
fellowships, and research and development projects at
institutions of higher education in areas relevant to the
programmatic mission of the applicable Federal agency providing
the financial assistance with respect to research, development,
demonstration, and deployment activities for technologies
relevant to advanced nuclear reactors, including relevant fuel
cycle technologies.</DELETED>
<DELETED> ``(2) Exception.--Notwithstanding paragraph (1),
amounts made available to carry out the Program may be used to
provide financial assistance for a scholarship, fellowship, or
multiyear research and development project that does not align
directly with a programmatic mission of the applicable Federal
agency providing the financial assistance, if the activity for
which assistance is provided would facilitate the maintenance
of the discipline of nuclear science or nuclear
engineering.</DELETED>
<DELETED> ``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to carry out
the Program.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Energy Leadership Act''.
SEC. 2. AUTHORIZATION OF LONG-TERM POWER PURCHASE AGREEMENTS.
Section 501(b)(1) of title 40, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B) Public utility contracts.--
``(i) Term.--
``(I) In general.--A contract under
this paragraph to purchase electricity
from a public utility may be for a
period of not more than 40 years.
``(II) Other public utility
services.--A contract under this
paragraph for a public utility service
other than a service described in
subclause (I) may be for a period of
not more than 10 years.
``(ii) Costs.--The cost of a contract under
this paragraph for any fiscal year may be paid
from the appropriations for that fiscal
year.''.
SEC. 3. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.
(a) In General.--Subtitle B of title VI of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 782) is amended by adding at the end
the following:
``SEC. 640. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.
``(a) Establishment.--The Secretary shall establish a pilot program
for a long-term nuclear power purchase agreement.
``(b) Requirements.--In developing the pilot program under this
section, the Secretary shall--
``(1) consult and coordinate with the heads of other
Federal departments and agencies that may benefit from
purchasing nuclear power for a period of longer than 10 years,
including--
``(A) the Secretary of Defense; and
``(B) the Secretary of Homeland Security; and
``(2) not later than December 31, 2023, enter into at least
1 agreement to purchase power from a commercial nuclear reactor
that receives the first license for that reactor from the
Nuclear Regulatory Commission after January 1, 2019.
``(c) Factors for Consideration.--
``(1) In general.--In carrying out this section, the
Secretary shall give special consideration to power purchase
agreements for first-of-a-kind or early deployment nuclear
technologies that can provide reliable and resilient power to
high-value assets for national security purposes or other
purposes as the Secretary determines to be in the national
interest, especially in remote off-grid scenarios or grid-
connected scenarios that can provide capabilities commonly
known as `islanding power capabilities' during an emergency
scenario.
``(2) Effect on rates.--An agreement to purchase power
under this section may be at a rate that is higher than the
average market rate, if the agreement fulfills an applicable
consideration described in paragraph (1).''.
(b) Table of Contents.--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 639 the following:
``Sec. 640. Long-term nuclear power purchase agreement pilot
program.''.
SEC. 4. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the
following:
``SEC. 959A. ADVANCED NUCLEAR REACTOR RESEARCH AND DEVELOPMENT GOALS.
``(a) Definitions.--In this section:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
``(A) a nuclear fission reactor, including a
prototype plant (as defined in sections 50.2 and 52.1
of title 10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to the most recent generation of fission reactors,
including improvements such as--
``(i) additional inherent safety features;
``(ii) lower waste yields;
``(iii) improved fuel performance;
``(iv) increased tolerance to loss of fuel
cooling;
``(v) enhanced reliability;
``(vi) increased proliferation resistance;
``(vii) increased thermal efficiency;
``(viii) reduced consumption of cooling
water;
``(ix) the ability to integrate into
electric applications and nonelectric
applications;
``(x) modular sizes to allow for deployment
that corresponds with the demand for
electricity; or
``(xi) operational flexibility to respond
to changes in demand for electricity and to
complement integration with intermittent
renewable energy; and
``(B) a fusion reactor.
``(2) Demonstration project.--The term `demonstration
project' means--
``(A) an advanced nuclear reactor operated--
``(i) as part of the power generation
facilities of an electric utility system; or
``(ii) in any other manner for the purpose
of demonstrating the suitability for commercial
application of the advanced nuclear reactor;
``(B) the demonstration of privately funded
experimental advanced nuclear reactors, funded in whole
or in part by the private sector, at National
Laboratories or other sites owned by the Department of
Energy; and
``(C) an advanced nuclear reactor demonstrated by
the Secretary of Defense in cooperation with the
Secretary of Energy.
``(b) Purpose.--The purpose of this section is to direct the
Secretary, as soon as practicable after the date of enactment of this
section, to advance the research and development of domestic advanced,
affordable, and clean nuclear energy by--
``(1) demonstrating different advanced nuclear reactor
technologies that could be used by the private sector to
produce--
``(A) emission-free power at a levelized cost of
electricity of $60 per megawatt-hour or less;
``(B) heat for community heating, industrial
purposes, or synthetic fuel production;
``(C) remote or off-grid energy supply; or
``(D) backup or mission-critical power supplies;
``(2) developing subgoals for nuclear energy research
programs that would accomplish the goals of the demonstration
projects carried out under subsection (c);
``(3) identifying research areas that the private sector is
unable or unwilling to undertake due to the cost of, or risks
associated with, the research; and
``(4) facilitating the access of the private sector--
``(A) to Federal research facilities and personnel;
and
``(B) to the results of research relating to civil
nuclear technology funded by the Federal Government.
``(c) Demonstration Projects.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable--
``(A) enter into agreements to complete not fewer
than 2 demonstration projects by not later than
December 31, 2025; and
``(B) establish a program to enter into agreements
to demonstrate not fewer than 2, and not more than 5,
additional operational advanced reactor designs by not
later than December 31, 2035.
``(2) Requirements.--In carrying out demonstration projects
under paragraph (1), the Secretary shall--
``(A) include diversity in designs for the advanced
nuclear reactors demonstrated under this section,
including designs using various--
``(i) primary coolants;
``(ii) fuel types and compositions; and
``(iii) neutron spectra;
``(B) seek to ensure that--
``(i) the long-term cost of electricity or
heat for each design to be demonstrated under
this subsection is cost-competitive in the
applicable market;
``(ii) the selected projects can meet the
deadline established in paragraph (1) to
demonstrate first-of-a-kind advanced nuclear
reactor technologies, for which additional
information shall be considered, including--
``(I) the technology readiness
level of a proposed advanced nuclear
reactor technology;
``(II) the technical abilities and
qualifications of teams desiring to
demonstrate a proposed advanced nuclear
reactor technology; and
``(III) the capacity to meet cost-
share requirements of the Department;
``(C) ensure that each evaluation of candidate
technologies for the demonstration projects is
completed through an external review of proposed
designs, which review shall--
``(i) be conducted by a panel that includes
not fewer than 1 representative of each of--
``(I) an electric utility; and
``(II) an entity that uses high-
temperature process heat for
manufacturing or industrial processing,
such as a petrochemical company, a
manufacturer of metals, or a
manufacturer of concrete;
``(ii) include a review of cost-
competitiveness and other value streams,
together with the technology readiness level,
of each design to be demonstrated under this
subsection; and
``(iii) not be required for a demonstration
project that is not federally funded;
``(D) for federally funded demonstration projects,
enter into cost-sharing agreements with private sector
partners in accordance with section 988 for the conduct
of activities relating to the research, development,
and demonstration of private-sector advanced nuclear
reactor designs under the program;
``(E) work with private sector partners to identify
potential sites, including Department-owned sites, for
demonstrations, as appropriate;
``(F) align specific activities carried out under
demonstration projects carried out under this
subsection with priorities identified through direct
consultations between--
``(i) the Department;
``(ii) National Laboratories;
``(iii) institutions of higher education;
``(iv) traditional end-users (such as
electric utilities);
``(v) potential end-users of new
technologies (such as users of high-temperature
process heat for manufacturing processing,
including petrochemical companies,
manufacturers of metals, or manufacturers of
concrete); and
``(vi) developers of advanced nuclear
reactor technology; and
``(G) seek to ensure that the demonstration
projects carried out under paragraph (1) do not cause
any delay in a deployment of an advanced reactor by
private industry and the Department of Energy that is
underway as of the date of enactment of this section.
``(3) Additional requirements.--In carrying out
demonstration projects under paragraph (1), the Secretary
shall--
``(A) identify candidate technologies that--
``(i) are not developed sufficiently for
demonstration within the initial required
timeframe described in paragraph (1)(A); but
``(ii) could be demonstrated within the
timeframe described in paragraph (1)(B);
``(B) identify technical challenges to the
candidate technologies identified in subparagraph (A);
``(C) support near-term research and development to
address the highest-risk technical challenges to the
successful demonstration of a selected advanced reactor
technology, in accordance with--
``(i) subparagraph (B); and
``(ii) the research and development
activities under section 958;
``(D) establish such technology advisory working
groups as the Secretary determines to be appropriate to
advise the Secretary regarding the technical challenges
identified under subparagraph (B) and the scope of
research and development programs to address the
challenges, in accordance with subparagraph (C), to be
comprised of--
``(i) private-sector advanced nuclear
reactor technology developers;
``(ii) technical experts with respect to
the relevant technologies at institutions of
higher education; and
``(iii) technical experts at the National
Laboratories.
``(d) Goals.--
``(1) In general.--The Secretary shall establish goals for
research relating to advanced nuclear reactors facilitated by
the Department that support the objectives of the program for
demonstration projects established under subsection (c).
``(2) Coordination.--In developing the goals under
paragraph (1), the Secretary shall coordinate, on an ongoing
basis, with members of private industry to advance the
demonstration of various designs of advanced nuclear reactors.
``(3) Requirements.--In developing the goals under
paragraph (1), the Secretary shall ensure that--
``(A) research activities facilitated by the
Department to meet the goals developed under this
subsection are focused on key areas of nuclear research
and deployment ranging from basic science to full-
design development, safety evaluation, and licensing;
``(B) research programs designed to meet the goals
emphasize--
``(i) resolving materials challenges
relating to extreme environments, including
extremely high levels of--
``(I) radiation fluence;
``(II) temperature;
``(III) pressure; and
``(IV) corrosion; and
``(ii) qualification of advanced fuels;
``(C) activities are carried out that address near-
term challenges in modeling and simulation to enable
accelerated design and licensing;
``(D) related technologies, such as technologies to
manage, reduce, or reuse nuclear waste, are developed;
``(E) nuclear research infrastructure is maintained
or constructed, such as--
``(i) currently operational research
reactors at the National Laboratories and
institutions of higher education;
``(ii) hot cell research facilities;
``(iii) a versatile fast neutron source;
and
``(iv) a molten salt testing facility;
``(F) basic knowledge of non-light water coolant
physics and chemistry is improved;
``(G) advanced sensors and control systems are
developed; and
``(H) advanced manufacturing and advanced
construction techniques and materials are investigated
to reduce the cost of advanced nuclear reactors.''.
(b) Table of Contents.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended--
(1) in the item relating to section 917, by striking
``Efficiency'';
(2) in the items relating to sections 957, 958, and 959, by
inserting ``Sec.'' before ``9'' each place it appears; and
(3) by inserting after the item relating to section 959 the
following:
``Sec. 959A. Advanced nuclear reactor research and development
goals.''.
SEC. 5. NUCLEAR ENERGY STRATEGIC PLAN.
(a) In General.--Subtitle E of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16271 et seq.) (as amended by section 4(a)) is amended
by adding at the end the following:
``SEC. 959B. NUCLEAR ENERGY STRATEGIC PLAN.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committees on
Energy and Commerce and Science, Space, and Technology of the House of
Representatives a 10-year strategic plan for the Office of Nuclear
Energy of the Department, in accordance with this section.
``(b) Requirements.--
``(1) Components.--The strategic plan under this section
shall designate--
``(A) programs that support the planned
accomplishment of--
``(i) the goals established under section
959A; and
``(ii) the demonstration programs
identified under subsection (c) of that
section; and
``(B) programs that--
``(i) do not support the planned
accomplishment of demonstration programs, or
the goals, referred to in subparagraph (A); but
``(ii) are important to the mission of the
Office of Nuclear Energy, as determined by the
Secretary.
``(2) Program planning.--In developing the strategic plan
under this section, the Secretary shall specify expected
timelines for, as applicable--
``(A) the accomplishment of relevant objectives
under current programs of the Department; or
``(B) the commencement of new programs to
accomplish those objectives.
``(c) Updates.--Not less frequently than once every 2 years, the
Secretary shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committees on Energy and Commerce and Science,
Space, and Technology of the House of Representatives an updated 10-
year strategic plan in accordance with subsection (b), which shall
identify, and provide a justification for, any major deviation from a
previous strategic plan submitted under this section.''.
(b) Table of Contents.--The table of contents of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594) (as amended by section
4(b)(3)) is amended by inserting after the item relating to section
959A the following:
``Sec. 959B. Nuclear energy strategic plan.''.
SEC. 6. VERSATILE, REACTOR-BASED FAST NEUTRON SOURCE.
Section 955(c)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16275(c)(1)) is amended--
(1) in the paragraph heading, by striking ``Mission need''
and inserting ``Authorization''; and
(2) in subparagraph (A), by striking ``determine the
mission need'' and inserting ``provide''.
SEC. 7. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.
(a) Findings.--Congress finds that--
(1) the national security nuclear enterprise, which
supports the nuclear weapons stockpile stewardship and naval
reactors functions of the National Nuclear Security
Administration, requires a domestic source of low- and high-
enriched uranium in accordance with legal restrictions
regarding foreign obligations relating to the beginning stage
of the nuclear fuel cycle;
(2) many domestic advanced nuclear power industry
participants require access to high-assay, low-enriched uranium
fuel for--
(A) initial fuel testing;
(B) operation of demonstration reactors; and
(C) commercial operation of advanced nuclear
reactors;
(3) nuclear fuel supply technology originating in the
United States is not required for use in civilian advanced
reactor applications;
(4) as of the date of enactment of this Act, no domestic
uranium enrichment or fuel fabrication capability is licensed
for uranium fuel enriched to greater than 5 weight percent of
the uranium-235 isotope;
(5) a healthy commercial nuclear fuel cycle capable of
providing higher levels of enriched uranium would benefit--
(A) the relevant national security functions of the
National Nuclear Security Administration; and
(B) the domestic advanced nuclear industry of the
United States; and
(6) making limited quantities of high-assay, low-enriched
uranium available from Department of Energy stockpiles of
uranium would allow for initial fuel testing and demonstration
of advanced nuclear reactor concepts, accelerating--
(A) the path to market of those concepts; and
(B) the development of--
(i) a market for advanced nuclear reactors;
and
(ii) a resulting growing commercial nuclear
fuel cycle capability.
(b) Amendment.--
(1) In general.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by
section 5(a)) is amended by adding at the end the following:
``SEC. 960. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.
``(a) Definitions.--In this section:
``(1) HALEU transportation package.--The term `HALEU
transportation package' means a transportation package that is
suitable for transporting high-assay, low-enriched uranium.
``(2) 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.
``(3) High-enriched uranium.--The term `high-enriched
uranium' means uranium with an assay of 20 weight percent or
more of the uranium-235 isotope.
``(b) High-Assay, Low-Enriched Uranium Program for Advanced
Reactors.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of this section, the Secretary shall establish a
program to make available high-assay, low-enriched uranium,
through contracts for sale, resale, transfer, or lease, for use
in commercial or noncommercial advanced nuclear reactors.
``(2) Nuclear fuel ownership.--Each lease under this
subsection shall include a provision establishing that the
nuclear fuel that is the subject of the lease shall remain the
property of the Department, including with respect to
responsibility for the final disposition of all radioactive
waste created by the irradiation, processing, or purification
of any leased uranium.
``(3) Quantity.--In carrying out the program under this
subsection, the Secretary shall make available--
``(A) by December 31, 2022, high-assay, low-
enriched uranium containing not less than 2 metric tons
of the uranium-235 isotope; and
``(B) by December 31, 2025, high-assay, low-
enriched uranium containing not less than 10 metric
tons of the uranium-235 isotope (as determined
including the quantities of the uranium-235 isotope
made available before December 31, 2022).
``(4) Factors for consideration.--In carrying out the
program under this subsection, the Secretary shall take into
consideration--
``(A) options for providing the high-assay, low-
enriched uranium under this subsection from a stockpile
of uranium owned by the Department (including the
National Nuclear Security Administration), including--
``(i) fuel that--
``(I) directly meets the needs of
an end-user; but
``(II) has been previously used or
fabricated for another purpose;
``(ii) fuel that can meet the needs of an
end-user after removing 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 (including
activities of the National Nuclear Security
Administration); and
``(iii) fuel from a high-enriched uranium
stockpile, which can be blended with lower-
assay uranium to become high-assay, low-
enriched uranium to meet the needs of an end-
user; and
``(B) requirements to support molybdenum-99
production under the American Medical Isotopes
Production Act of 2012 (Public Law 112-239; 126 Stat.
2211).
``(5) Limitation.--The Secretary shall not barter or
otherwise sell or transfer uranium in any form in exchange for
services relating to the final disposition of radioactive waste
from uranium that is the subject of a lease under this
subsection.
``(6) Sunset.--The program under this subsection shall
terminate on the earlier of--
``(A) January 1, 2035; and
``(B) the date on which uranium enriched up to, but
not equal to, 20 weight percent can be obtained in the
commercial market from domestic suppliers.
``(c) Report.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report that describes
actions proposed to be carried out by the Secretary--
``(A) under the program under subsection (b); or
``(B) otherwise to enable the commercial use of
high-assay, low-enriched uranium.
``(2) Coordination and stakeholder input.--In developing
the report under this subsection, the Secretary shall seek
input from--
``(A) the Nuclear Regulatory Commission;
``(B) the National Laboratories;
``(C) institutions of higher education;
``(D) producers of medical isotopes;
``(E) a diverse group of entities operating in the
nuclear energy industry; and
``(F) a diverse group of technology developers.
``(3) Cost and schedule estimates.--The report under this
subsection shall include estimated costs, budgets, and
timeframes for enabling the use of high-assay, low-enriched
uranium.
``(4) Required evaluations.--The report under this
subsection shall evaluate--
``(A) the costs and actions required to establish
and carry out the program under subsection (b),
including with respect to--
``(i) proposed preliminary terms for the
sale, resale, transfer, and leasing of high-
assay, low-enriched uranium (including
guidelines defining the roles and
responsibilities between the Department and the
purchaser, transfer recipient, or lessee); and
``(ii) the potential to coordinate with
purchasers, transfer recipients, and lessees
regarding--
``(I) fuel fabrication; and
``(II) fuel transport;
``(B) the potential sources and fuel forms
available to provide uranium for the program under
subsection (b);
``(C) options to coordinate the program under
subsection (b) with the operation of the versatile,
reactor-based fast neutron source under section 959A;
``(D) the ability of the domestic uranium market to
provide materials for advanced nuclear reactor fuel;
and
``(E) any associated legal, regulatory, and policy
issues that should be addressed to enable--
``(i) the program under subsection (b); and
``(ii) the establishment of a domestic
industry capable of providing high-assay, low-
enriched uranium for commercial and
noncommercial purposes, including with respect
to the needs of--
``(I) the Department;
``(II) the Department of Defense;
and
``(III) the National Nuclear
Security Administration.
``(d) HALEU Transportation Package Research Program.--
``(1) In general.--As soon as practicable after the date of
enactment of this section, the Secretary shall establish a
research, development, and demonstration program under which
the Secretary shall provide grants, on a competitive basis, to
establish the capability to transport high-assay, low-enriched
uranium.
``(2) Requirement.--The focus of the program under this
subsection shall be to establish 1 or more HALEU transportation
packages that can be certified by the Nuclear Regulatory
Commission to transport high-assay, low-enriched uranium to the
various facilities involved in producing or using nuclear fuel
containing high-assay, low-enriched uranium, such as--
``(A) enrichment facilities;
``(B) fuel processing facilities;
``(C) fuel fabrication facilities; and
``(D) nuclear reactors.''.
(2) Table of contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) (as
amended by section 5(b)) is amended by inserting after the item
relating to section 959B the following:
``Sec. 960. Advanced nuclear fuel security program.''.
SEC. 8. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
(a) Findings.--Congress finds that--
(1) nuclear power plants--
(A) generate billions of dollars in national
economic activity through procurements throughout the
United States; and
(B) provide tens of thousands of people in the
United States with high-paying jobs, contributing
substantially to the local economies of the communities
in which the plants operate;
(2) the world market for the growth of commercial nuclear
power was estimated by the Department of Commerce to be valued
at up to $740,000,000,000 during the period of calendar years
2018 through 2028;
(3) the participation and leadership of the United States
in the market described in paragraph (2) will--
(A)(i) increase economic activity in the United
States through robust nuclear exports, leading to the
enhanced economic security of the United States; and
(ii) preserve and enhance the ability of the United
States to positively influence international nuclear
safety, security, and nonproliferation standards
through commercial engagement with other nations; but
(B) require significant investment in United
States-origin advanced nuclear technologies;
(4) in order to lead the world in the next generation of
commercial nuclear power, the advanced nuclear industry in the
United States should be positioned for accelerated growth,
which requires public-private partnerships between industry
entities and the Federal Government;
(5) success in achieving the goals described in this
subsection will require a whole-government Federal approach
that focuses on the shared needs and individual mission
requirements of, at a minimum--
(A) the Department of Energy;
(B) the National Nuclear Security Administration;
and
(C) the Nuclear Regulatory Commission;
(6) advanced reactors present new challenges and
opportunities in reactor design, safeguards, and regulation;
(7) the challenges referred to in paragraph (6)--
(A) are directly relevant to the missions of--
(i) the Office of Nuclear Energy of the
Department of Energy;
(ii) the National Nuclear Security
Administration; and
(iii) the Nuclear Regulatory Commission;
and
(B) require a highly skilled workforce in order to
be met; and
(8) nuclear science and engineering programs at
institutions of higher education in the United States--
(A) annually award degrees in nuclear engineering
and related fields to more than 600 undergraduate
students, and 500 graduate students, who are critical
to maintaining United States leadership in the
development of advanced nuclear systems;
(B) perform cutting-edge research and technology
development activities that have made fundamental
contributions to advancing United States nuclear
technology; and
(C) support workforce development critical to
maintaining United States leadership in nuclear
detection, nonproliferation, nuclear medicine, advanced
manufacturing, and other non-energy areas.
(b) Amendment.--Section 313 of the Energy and Water Development and
Related Agencies Appropriations Act, 2009 (42 U.S.C. 16274a), is
amended to read as follows:
``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
``(a) Definitions.--In this section:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
``(A) a nuclear fission reactor, including a
prototype plant (as defined in sections 50.2 and 52.1
of title 10, Code of Federal Regulations (or successor
regulations)), with significant improvements compared
to the most recent generation of fission reactors,
including improvements such as--
``(i) additional inherent safety features;
``(ii) lower waste yields;
``(iii) improved fuel performance;
``(iv) increased tolerance to loss of fuel
cooling;
``(v) enhanced reliability;
``(vi) increased proliferation resistance;
``(vii) increased thermal efficiency;
``(viii) reduced consumption of cooling
water;
``(ix) the ability to integrate into
electric applications and nonelectric
applications;
``(x) modular sizes to allow for deployment
that corresponds with the demand for
electricity; or
``(xi) operational flexibility to respond
to changes in demand for electricity and to
complement integration with intermittent
renewable energy; and
``(B) a fusion reactor.
``(2) 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)).
``(3) Program.--The term `Program' means the University
Nuclear Leadership Program established under subsection (b).
``(b) Establishment.--The Secretary of Energy, the Administrator of
the National Nuclear Security Administration, and the Chairman of the
Nuclear Regulatory Commission shall jointly establish a program, to be
known as the `University Nuclear Leadership Program'.
``(c) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2),
amounts made available to carry out the Program shall be used
to provide financial assistance for scholarships, fellowships,
and research and development projects at institutions of higher
education in areas relevant to the programmatic mission of the
applicable Federal agency providing the financial assistance
with respect to research, development, demonstration, and
deployment activities for technologies relevant to advanced
nuclear reactors, including relevant fuel cycle technologies.
``(2) Exception.--Notwithstanding paragraph (1), amounts
made available to carry out the Program may be used to provide
financial assistance for a scholarship, fellowship, or
multiyear research and development project that does not align
directly with a programmatic mission of the applicable Federal
agency providing the financial assistance, if the activity for
which assistance is provided would facilitate the maintenance
of the discipline of nuclear science or nuclear engineering.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Program for fiscal year 2020 and each
fiscal year thereafter--
``(1) $30,000,000 to the Secretary of Energy, of which
$15,000,000 shall be for use by the Administrator of the
National Nuclear Security Administration; and
``(2) $15,000,000 to the Nuclear Regulatory Commission.''.
Calendar No. 217
116th CONGRESS
1st Session
S. 903
[Report No. 116-114]
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to establish advanced nuclear goals,
provide for a versatile, reactor-based fast neutron source, make
available high-assay, low-enriched uranium for research, development,
and demonstration of advanced nuclear reactor concepts, and for other
purposes.
_______________________________________________________________________
September 24, 2019
Reported with an amendment
Nuclear Energy Leadership Act
#903 | S Congress #116
Policy Area: Energy
Subjects: Alternative and renewable resourcesCongressional oversightEducation programs fundingElectric power generation and transmissionEnergy efficiency and conservationEnergy pricesEnergy researchEnergy storage, supplies, demandHigher educationLighting, heating, coolingNuclear powerPublic contracts and procurementPublic utilities and utility ratesPublic-private cooperationRadioactive wastes and releasesResearch administration and fundingResearch and developmentStudent aid and college costs
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 217. (9/24/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text