[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3422 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3422

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

                           September 6, 2018

  Ms. Murkowski (for herself, Mr. Booker, Mr. Risch, Mr. Crapo, Mrs. 
    Capito, Mr. Durbin, Mr. Whitehouse, Mr. Manchin, and Mr. Coons) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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,

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 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.
    ``(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. 958. 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 an advanced nuclear reactor operated--
                    ``(A) as part of the power generation facilities of 
                an electric utility system; or
                    ``(B) in any other manner for the purpose of 
                demonstrating the suitability for commercial 
                application of the advanced nuclear reactor.
    ``(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 goals 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
                    ``(B) to the results of research funded by the 
                Federal Government.
    ``(c) Demonstration Projects.--
            ``(1) In general.--During the period beginning on the date 
        of enactment of this section and ending on September 30, 2028, 
        the Secretary shall, to the maximum extent practicable, enter 
        into 1 or more agreements to carry out not fewer than 4 
        advanced nuclear reactor demonstration projects.
            ``(2) Requirements.--In carrying out demonstration projects 
        under paragraph (1), the Secretary shall--
                    ``(A) seek to include diversity in designs for the 
                advanced nuclear reactors demonstrated under this 
                section, including designs using various primary 
                coolants;
                    ``(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; and
                            ``(ii) the cost-competitiveness of each 
                        design to be demonstrated under this subsection 
                        is verified by an external review of the 
                        proposed design;
                    ``(C) 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;
                    ``(D) work with private sector partners to identify 
                potential sites, including Department-owned sites, for 
                demonstrations, as appropriate; and
                    ``(E) 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 
                        (as defined in section 101(a) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001(a)));
                            ``(iv) traditional end-users (such as 
                        electric utilities);
                            ``(v) potential end-users of new 
                        technologies (such as petrochemical companies); 
                        and
                            ``(vi) developers of advanced nuclear 
                        reactor technology.
    ``(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 energy to full-design 
                development, safety evaluation, and licensing;
                    ``(B) research programs designed to meet the goals 
                emphasize--
                            ``(i) resolving materials challenges 
                        relating to radiation damage or corrosive 
                        coolants; 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 electrochemical 
                processing or fuel recycling that could reduce nuclear 
                waste volumes or half lives, are developed;
                    ``(E) infrastructure, such as a versatile fast 
                neutron source or molten salt testing facility, to aid 
                in research are constructed;
                    ``(F) basic knowledge of non-light water coolant 
                physics and chemistry is improved; and
                    ``(G) advanced manufacturing and construction 
                techniques and materials are investigated to reduce the 
                commercialization 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''; and
            (2) by inserting after the item relating to section 957 the 
        following:

``Sec. 958. 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. 958A. 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 the goals established under section 
                958(d); and
                    ``(B) programs that--
                            ``(i) do not support the planned 
                        accomplishment of 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)(2)) is amended by inserting after the item relating to section 958 
the following:

``Sec. 958A. Nuclear energy strategic plan.''.

SEC. 6. VERSATILE, REACTOR-BASED FAST NEUTRON SOURCE.

    (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 5(a)) is amended 
by adding at the end the following:

``SEC. 959. VERSATILE, REACTOR-BASED FAST NEUTRON SOURCE.

    ``(a) Definition of Fast Neutron.--In this section, the term `fast 
neutron' means a neutron with kinetic energy above 100 kiloelectron 
volts.
    ``(b) Requirement.--The Secretary shall provide for a versatile, 
reactor-based fast neutron source, which shall operate as a national 
user facility.
    ``(c) Consultations Required.--In carrying out subsection (b), the 
Secretary shall consult with the private sector, institutions of higher 
education (as defined in section 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a))), the National Laboratories, and relevant 
Federal agencies to ensure that the neutron source established under 
subsection (b) is capable of meeting Federal research needs for neutron 
irradiation services.
    ``(d) Facility Capabilities.--
            ``(1) Capabilities.--The Secretary shall ensure that the 
        user facility described in subsection (b) will provide, at a 
        minimum--
                    ``(A) fast neutron spectrum irradiation capability; 
                and
                    ``(B) the capacity for upgrades to accommodate new 
                or expanded research needs.
            ``(2) Considerations.--In carrying out paragraph (1), the 
        Secretary shall consider--
                    ``(A) capabilities that support experimental high-
                temperature testing;
                    ``(B) providing a source of fast neutrons--
                            ``(i) at a neutron flux higher than that at 
                        which existing research facilities operate; and
                            ``(ii) sufficient to enable research for an 
                        optimal base of prospective users;
                    ``(C) maximizing irradiation flexibility and 
                irradiation volume to accommodate as many concurrent 
                users as practicable;
                    ``(D) capabilities for irradiation with neutrons of 
                a lower energy spectrum;
                    ``(E) multiple loops for fuels and materials 
                testing of different coolants;
                    ``(F) additional pre- and post-irradiation 
                examination capabilities; and
                    ``(G) lifetime operating costs and lifecycle costs.
    ``(e) Deadline for Commencement of Operations.--To the maximum 
extent practicable, the Secretary shall ensure that full operations at 
the user facility under subsection (b) commence before December 31, 
2025.
    ``(f) Funding.--Of the funds appropriated to the Office of Nuclear 
Energy of the Department, the Secretary shall use such sums as are 
necessary to carry out 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 
5(b)) is amended by inserting after the item relating to section 958A 
the following:

``Sec. 959. Versatile, reactor-based fast neutron source.''.

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 fuel cycle, including 
        uranium mining, uranium processing, uranium enrichment, and 
        fuel fabrication, capable of producing low- and high-enriched 
        uranium;
            (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) 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;
            (4) 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
            (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--
                    (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 6(a)) is amended by adding at the end the following:

``SEC. 960. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) 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.
            ``(2) 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 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--
                    ``(A) fuel that--
                            ``(i) directly meets the needs of an end-
                        user; but
                            ``(ii) has been previously used or 
                        fabricated for another purpose;
                    ``(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
                    ``(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.
            ``(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 (as defined 
                in section 101(a) of the Higher Education Act of 1965 
                (20 U.S.C. 1001(a)));
                    ``(D) a diverse group of entities operating in the 
                nuclear energy industry; and
                    ``(E) 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 959;
                    ``(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.''.
            (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 6(b)) is amended by inserting after the item 
        relating to section 959 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 with--
                    (A) the Department of Energy;
                    (B) the National Nuclear Security Administration; 
                and
                    (C) the Nuclear Regulatory Commission;
            (5) advanced reactors represent new challenges in reactor 
        design, safeguards, and regulation;
            (6) the challenges referred to in paragraph (5)--
                    (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
            (7) 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;
                    (C) support workforce development critical to 
                maintaining United States leadership in nuclear 
                detection, nonproliferation, nuclear medicine, advanced 
                manufacturing, and other non-energy areas; and
                    (D) generally do not receive support from Federal 
                science agencies other than the Department of Energy.
    (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 such sums as are necessary to carry out the Program.''.
                                 <all>