[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