[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2373 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2373

   To reestablish United States global leadership in nuclear energy, 
revitalize domestic nuclear energy supply chain infrastructure, support 
    the licensing of advanced nuclear technologies, and improve the 
         regulation of nuclear energy, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2021

Mrs. Capito (for herself, Mr. Whitehouse, Mr. Barrasso, Mr. Booker, and 
  Mr. Crapo) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To reestablish United States global leadership in nuclear energy, 
revitalize domestic nuclear energy supply chain infrastructure, support 
    the licensing of advanced nuclear technologies, and improve the 
         regulation of nuclear energy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Nuclear 
Infrastructure Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
  TITLE I--REESTABLISHING AMERICAN INTERNATIONAL COMPETITIVENESS AND 
                           GLOBAL LEADERSHIP

Sec. 101. International nuclear reactor export and innovation 
                            activities.
Sec. 102. Denial of certain domestic licenses for national security 
                            purposes.
Sec. 103. Export license requirements.
      TITLE II--EXPANDING NUCLEAR ENERGY THROUGH ADVANCED NUCLEAR 
                              TECHNOLOGIES

Sec. 201. Advanced nuclear reactor prizes.
Sec. 202. Report on unique licensing considerations relating to the use 
                            of nuclear energy for nonelectric 
                            applications.
Sec. 203. Enabling preparations for the demonstration of advanced 
                            nuclear reactors on Department sites.
        TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION

Sec. 301. Nuclear reactor incentives.
Sec. 302. Report on lessons learned during the COVID-19 public health 
                            emergency.
Sec. 303. Investment by allies.
 TITLE IV--REVITALIZING AMERICA'S NUCLEAR SUPPLY CHAIN INFRASTRUCTURE 
                             AND WORKFORCE

Sec. 401. Report on advanced methods of manufacturing and construction 
                            for nuclear energy applications.
Sec. 402. Nuclear energy traineeship.
                         TITLE V--MISCELLANEOUS

Sec. 501. Annual report on the spent nuclear fuel and high-level 
                            radioactive waste inventory in the United 
                            States.
Sec. 502. Authorization of appropriations for superfund actions at 
                            abandoned mining sites on Tribal land.
Sec. 503. Nuclear closure communities.
Sec. 504. Report on corporate support.
Sec. 505. Technical correction.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Accident tolerant fuel.--The term ``accident tolerant 
        fuel'' has the meaning given the term in section 107(a) of the 
        Nuclear Energy Innovation and Modernization Act (Public Law 
        115-439; 132 Stat. 5577).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Advanced nuclear fuel.--The term ``advanced nuclear 
        fuel'' means--
                    (A) advanced nuclear reactor fuel (as defined in 
                section 3 of the Nuclear Energy Innovation and 
                Modernization Act (42 U.S.C. 2215 note; Public Law 115-
                439)); and
                    (B) accident tolerant fuel.
            (4) Advanced nuclear reactor.--The term ``advanced nuclear 
        reactor'' has the meaning given the term in section 3 of the 
        Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 
        note; Public Law 115-439).
            (5) Appropriate committees of Congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Environment and Public Works 
                of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
            (6) Chairman.--The term ``Chairman'' means the Chairman of 
        the Nuclear Regulatory Commission.
            (7) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (8) Department.--The term ``Department'' means the 
        Department of Energy.
            (9) Early site permit.--The term ``early site permit'' has 
        the meaning given the term in section 52.1 of title 10, Code of 
        Federal Regulations (or a successor regulation).
            (10) High-assay, low-enriched uranium.--The term ``high-
        assay, low-enriched uranium'' means uranium with an assay 
        greater than 5 weight percent, but less than 20 weight percent, 
        of the uranium-235 isotope.
            (11) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (12) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (13) Removal; remedial action.--The terms ``removal'' and 
        ``remedial action'' have the meanings given those terms in 
        section 101 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (15) Tribal land.--The term ``Tribal land'' has the meaning 
        given the term ``Indian country'' in section 1151 of title 18, 
        United States Code.

  TITLE I--REESTABLISHING AMERICAN INTERNATIONAL COMPETITIVENESS AND 
                           GLOBAL LEADERSHIP

SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT AND INNOVATION 
              ACTIVITIES.

    (a) Coordination.--
            (1) In general.--The Commission shall--
                    (A) coordinate all work of the Commission relating 
                to--
                            (i) nuclear reactor import and export 
                        licensing; and
                            (ii) international regulatory cooperation 
                        and assistance relating to nuclear reactors, 
                        including with countries that are members of 
                        the Organisation for Economic Co-operation and 
                        Development; and
                    (B) support interagency and international 
                coordination with respect to--
                            (i) the consideration of international 
                        technical standards to establish the licensing 
                        and regulatory basis to assist the design, 
                        construction, and operation of nuclear systems;
                            (ii) efforts to help build competent 
                        nuclear regulatory organizations and legal 
                        frameworks in countries seeking to develop 
                        nuclear power; and
                            (iii) exchange programs and training 
                        provided to other countries relating to nuclear 
                        regulation and oversight to improve nuclear 
                        technology licensing, in accordance with 
                        paragraph (2).
            (2) Exchange programs and training.--With respect to the 
        exchange programs and training described in paragraph 
        (1)(B)(iii), the Commission shall coordinate, as applicable, 
        with--
                    (A) the Secretary;
                    (B) National Laboratories;
                    (C) the private sector; and
                    (D) institutions of higher education.
    (b) Authority To Establish Branch.--The Commission may establish 
within the Office of International Programs a branch, to be known as 
the ``International Nuclear Reactor Export and Innovation Branch'', to 
carry out such international nuclear reactor export and innovation 
activities as the Commission determines to be appropriate and within 
the mission of the Commission.
    (c) Exclusion of International Activities From the Fee Base.--
            (1) In general.--Section 102 of the Nuclear Energy 
        Innovation and Modernization Act (42 U.S.C. 2215) is amended--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(4) International nuclear reactor export and innovation 
        activities.--The Commission shall identify in the annual budget 
        justification international nuclear reactor export and 
        innovation activities described in section 101(a) of the 
        American Nuclear Infrastructure Act of 2021.''; and
                    (B) in subsection (b)(1)(B), by adding at the end 
                the following:
                            ``(iv) Costs for international nuclear 
                        reactor export and innovation activities 
                        described in section 101(a) of the American 
                        Nuclear Infrastructure Act of 2021.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on October 1, 2022.
    (d) Savings Clause.--Nothing in this section alters the authority 
of the Commission to license and regulate the civilian use of 
radioactive materials.

SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR NATIONAL SECURITY 
              PURPOSES.

    (a) Definition of Covered Fuel.--In this section, the term 
``covered fuel'' means enriched uranium that is fabricated into fuel 
assemblies for nuclear reactors by an entity that--
            (1) is owned or controlled by the Government of the Russian 
        Federation or the Government of the People's Republic of China; 
        or
            (2) is organized under the laws of, or otherwise subject to 
        the jurisdiction of, the Russian Federation or the People's 
        Republic of China.
    (b) Prohibition on Unlicensed Possession or Ownership of Covered 
Fuel.--Unless specifically authorized by the Commission in a license 
issued under section 53 of the Atomic Energy Act of 1954 (42 U.S.C. 
2073) and part 70 of title 10, Code of Federal Regulations (or 
successor regulations), no person subject to the jurisdiction of the 
Commission may possess or own covered fuel.
    (c) License To Possess or Own Covered Fuel.--
            (1) Consultation required prior to issuance.--The 
        Commission shall not issue a license to possess or own covered 
        fuel under section 53 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2073) and part 70 of title 10, Code of Federal 
        Regulations (or successor regulations), unless the Commission 
        has first consulted with the Secretary and the Secretary of 
        State before issuing the license.
            (2) Prohibition on issuance of license.--
                    (A) In general.--Subject to subparagraph (C), a 
                license to possess or own covered fuel shall not be 
                issued if the Secretary and the Secretary of State make 
                the determination described in subparagraph (B).
                    (B) Determination.--
                            (i) In general.--The determination referred 
                        to in subparagraph (A) is a determination that 
                        possession or ownership, as applicable, of 
                        covered fuel poses a threat to the national 
                        security of the United States that adversely 
                        impacts the physical and economic security of 
                        the United States.
                            (ii) Joint determination.--A determination 
                        described in clause (i) shall be jointly made 
                        by the Secretary and the Secretary of State.
                            (iii) Timeline.--
                                    (I) Notice of application.--Not 
                                later than 30 days after the date on 
                                which the Commission receives an 
                                application for a license to possess or 
                                own covered fuel, the Commission shall 
                                notify the Secretary and the Secretary 
                                of State of the application.
                                    (II) Determination.--The Secretary 
                                and the Secretary of State shall have a 
                                period of 180 days, beginning on the 
                                date on which the Commission notifies 
                                the Secretary and the Secretary of 
                                State under subclause (I) of an 
                                application for a license to possess or 
                                own covered fuel, in which to make the 
                                determination described in clause (i).
                                    (III) Commission notification.--On 
                                making the determination described in 
                                clause (i), the Secretary and the 
                                Secretary of State shall immediately 
                                notify the Commission.
                                    (IV) Congressional notification.--
                                Not later than 30 days after the date 
                                on which the Secretary and the 
                                Secretary of State notify the 
                                Commission under subclause (III), the 
                                Commission shall notify the appropriate 
                                committees of Congress of the 
                                determination.
                                    (V) Public notice.--Not later than 
                                15 days after the date on which the 
                                Commission notifies Congress under 
                                subclause (IV) of a determination made 
                                under clause (i), the Commission shall 
                                make that determination publicly 
                                available.
                    (C) Effect of no determination.--The prohibition 
                described in subparagraph (A) shall not apply if the 
                Secretary and the Secretary of State do not make the 
                determination described in subparagraph (B) by the date 
                described in clause (iii)(II) of that subparagraph.
    (d) Savings Clause.--Nothing in this section alters any treaty or 
international agreement in effect on the date of enactment of this Act.

SEC. 103. EXPORT LICENSE REQUIREMENTS.

    (a) Definition of Low-Enriched Uranium.--In this section, the term 
``low-enriched uranium'' means uranium enriched to less than 20 percent 
of the uranium-235 isotope.
    (b) Requirement.--The Commission shall not issue an export license 
for the transfer of any item described in subsection (d) to a country 
described in subsection (c) unless the Commission makes a determination 
that such transfer will not be inimical to the interests of the United 
States.
    (c) Countries Described.--A country referred to in subsection (b) 
is a country that--
            (1) has not concluded and ratified an Additional Protocol 
        to its safeguards agreement with the International Atomic 
        Energy Agency; or
            (2) has not ratified or acceded to the amendment to the 
        Convention on the Physical Protection of Nuclear Material, 
        signed at Vienna and New York March 3, 1980, described in the 
        information circular of the International Atomic Energy Agency 
        numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016.
    (d) Items Described.--An item referred to in subsection (b) 
includes--
            (1) unirradiated nuclear fuel containing special nuclear 
        material (as defined in section 11 of the Atomic Energy Act of 
        1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
            (2) a nuclear reactor that uses nuclear fuel described in 
        paragraph (1); and
            (3) any plant or component listed in Appendix I to part 110 
        of title 10, Code of Federal Regulations (or successor 
        regulations), that is involved in--
                    (A) the reprocessing of irradiated nuclear reactor 
                fuel elements;
                    (B) the separation of plutonium; or
                    (C) the separation of the uranium-233 isotope.
    (e) Notification.--If the Commission makes a determination under 
subsection (b) that the transfer of any item described in subsection 
(d) to a country described in subsection (c) will not be inimical to 
the interests of the United States, the Commission shall notify the 
appropriate committees of Congress.

      TITLE II--EXPANDING NUCLEAR ENERGY THROUGH ADVANCED NUCLEAR 
                              TECHNOLOGIES

SEC. 201. ADVANCED NUCLEAR REACTOR PRIZES.

    Section 103 of the Nuclear Energy Innovation and Modernization Act 
(Public Law 115-439; 132 Stat. 5571) is amended by adding at the end 
the following:
    ``(f) Prizes for Advanced Nuclear Reactor Licensing.--
            ``(1) Prize for advanced nuclear reactor licensing.--
                    ``(A) In general.--Subject to the availability of 
                appropriations, the Secretary is authorized to make, 
                with respect to each award category described in 
                subparagraph (C), an award in an amount described in 
                subparagraph (B) to the first non-Federal entity to 
                which the Commission issues--
                            ``(i) an operating license for an advanced 
                        nuclear reactor under part 50 of title 10, Code 
                        of Federal Regulations (or successor 
                        regulations), for which an application has not 
                        been approved by the Commission as of the date 
                        of enactment of this subsection; or
                            ``(ii) a finding required under section 
                        52.103(g) of title 10, Code of Federal 
                        Regulations (or successor regulations), for a 
                        combined license for an advanced nuclear 
                        reactor--
                                    ``(I) that is issued under subpart 
                                C of part 52 of that title (or 
                                successor regulations); and
                                    ``(II) for which an application has 
                                not been approved by the Commission as 
                                of the date of enactment of this 
                                subsection.
                    ``(B) Amount of award.--An award under subparagraph 
                (A) shall be in an amount equal to the total amount 
                assessed by the Commission and collected under section 
                102(b)(2) from the entity receiving the award for costs 
                relating to the issuance of the license described in 
                that subparagraph, including, as applicable, costs 
                relating to the issuance of an associated construction 
                permit described in section 50.23 of title 10, Code of 
                Federal Regulations (or successor regulations), or 
                early site permit (as defined in section 52.1 of that 
                title (or successor regulations)).
                    ``(C) Award categories.--An award under 
                subparagraph (A) may be made for--
                            ``(i) the first advanced nuclear reactor 
                        for which the Commission issues--
                                    ``(I) a license in accordance with 
                                clause (i) of subparagraph (A); or
                                    ``(II) a finding in accordance with 
                                clause (ii) of that subparagraph;
                            ``(ii) an advanced nuclear reactor that--
                                    ``(I) uses isotopes derived from 
                                spent nuclear fuel (as defined in 
                                section 2 of the Nuclear Waste Policy 
                                Act of 1982 (42 U.S.C. 10101)) or 
                                depleted uranium as fuel for the 
                                advanced nuclear reactor; and
                                    ``(II) is the first advanced 
                                nuclear reactor described in subclause 
                                (I) for which the Commission issues--
                                            ``(aa) a license in 
                                        accordance with clause (i) of 
                                        subparagraph (A); or
                                            ``(bb) a finding in 
                                        accordance with clause (ii) of 
                                        that subparagraph; and
                            ``(iii) an advanced nuclear reactor that--
                                    ``(I) operates flexibly to generate 
                                electricity or high temperature process 
                                heat for nonelectric applications; and
                                    ``(II) is the first advanced 
                                nuclear reactor described in subclause 
                                (I) for which the Commission issues--
                                            ``(aa) a license in 
                                        accordance with clause (i) of 
                                        subparagraph (A); or
                                            ``(bb) a finding in 
                                        accordance with clause (ii) of 
                                        that subparagraph.
            ``(2) Federal funding limitation.--An award under this 
        subsection shall not exceed the total amount expended 
        (excluding any expenditures made with Federal funds received 
        for the applicable project and an amount equal to the minimum 
        cost-share required under section 988 of the Energy Policy Act 
        of 2005 (42 U.S.C. 16352)) by the entity receiving the award 
        for licensing costs relating to the project for which the award 
        is made.''.

SEC. 202. REPORT ON UNIQUE LICENSING CONSIDERATIONS RELATING TO THE USE 
              OF NUCLEAR ENERGY FOR NONELECTRIC APPLICATIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall submit to the appropriate committees 
of Congress a report (referred to in this section as the ``report'') 
addressing any unique licensing issues or requirements relating to--
            (1) the flexible operation of nuclear reactors, such as 
        ramping power output and switching between electricity 
        generation and nonelectric applications;
            (2) the use of advanced nuclear reactors exclusively for 
        nonelectric applications; and
            (3) the colocation of nuclear reactors with industrial 
        plants or other facilities.
    (b) Stakeholder Input.--In developing the report, the Commission 
shall seek input from--
            (1) the Secretary;
            (2) the nuclear energy industry;
            (3) technology developers;
            (4) the industrial, chemical, and medical sectors;
            (5) nongovernmental organizations; and
            (6) other public stakeholders.
    (c) Contents.--
            (1) In general.--The report shall describe--
                    (A) any unique licensing issues or requirements 
                relating to the matters described in paragraphs (1) 
                through (3) of subsection (a), including, with respect 
                to the nonelectric applications referred to in 
                paragraphs (1) and (2) of that subsection, any 
                licensing issues or requirements relating to the use of 
                nuclear energy in--
                            (i) hydrogen or other liquid and gaseous 
                        fuel or chemical production;
                            (ii) water desalination and wastewater 
                        treatment;
                            (iii) heat for industrial processes;
                            (iv) district heating;
                            (v) energy storage;
                            (vi) industrial or medical isotope 
                        production; and
                            (vii) other applications, as identified by 
                        the Commission;
                    (B) options for addressing those issues or 
                requirements--
                            (i) within the existing regulatory 
                        framework;
                            (ii) as part of the technology-inclusive 
                        regulatory framework required under subsection 
                        (a)(4) of section 103 of the Nuclear Energy 
                        Innovation and Modernization Act (42 U.S.C. 
                        2133 note; Public Law 115-439) or described in 
                        the report required under subsection (e) of 
                        that section (Public Law 115-439; 132 Stat. 
                        5575); or
                            (iii) through a new rulemaking; and
                    (C) the extent to which Commission action is needed 
                to implement any matter described in the report.
            (2) Cost estimates, budgets, and timeframes.--The report 
        shall include cost estimates, proposed budgets, and proposed 
        timeframes for implementing risk-informed and performance-based 
        regulatory guidance in the licensing of nuclear reactors for 
        nonelectric applications.

SEC. 203. ENABLING PREPARATIONS FOR THE DEMONSTRATION OF ADVANCED 
              NUCLEAR REACTORS ON DEPARTMENT SITES.

    (a) In General.--Section 102(b)(1)(B) of the Nuclear Energy 
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as amended 
by section 101(c)) is amended by adding at the end the following:
                            ``(v) Costs for--
                                    ``(I) activities to review and 
                                approve or disapprove an application 
                                for an early site permit (as defined in 
                                section 52.1 of title 10, Code of 
                                Federal Regulations (or a successor 
                                regulation)) to demonstrate an advanced 
                                nuclear reactor on a Department of 
                                Energy site; and
                                    ``(II) pre-application activities 
                                relating to an early site permit (as so 
                                defined) to demonstrate an advanced 
                                nuclear reactor on a Department of 
                                Energy site.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2022.

        TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION

SEC. 301. NUCLEAR REACTOR INCENTIVES.

    (a) Definitions.--In this section:
            (1) Certified nuclear reactor.--The term ``certified 
        nuclear reactor'' means a nuclear reactor that--
                    (A) operates in a competitive electricity market; 
                and
                    (B) is certified under subsection (c)(2)(A)(i) to 
                submit a sealed bid in accordance with subsection (d).
            (2) Credit.--The term ``credit'' means a credit allocated 
        to a certified nuclear reactor under subsection (e)(2).
    (b) Establishment of Program.--Subject to the availability of 
appropriations, the Administrator, in consultation with the Secretary, 
shall establish an emissions avoidance program--
            (1) to evaluate nuclear reactors that are projected to 
        cease operations due to economic factors; and
            (2) to allocate credits to certified nuclear reactors that 
        are selected under paragraph (1)(B) of subsection (e) to 
        receive credits under paragraph (2) of that subsection.
    (c) Certification.--
            (1) Application.--
                    (A) In general.--In order to be certified under 
                paragraph (2)(A)(i), the owner or operator of a nuclear 
                reactor that is projected to cease operations due to 
                economic factors shall submit to the Administrator an 
                application at such time, in such manner, and 
                containing such information as the Administrator 
                determines to be appropriate, including--
                            (i) information on the operating costs 
                        necessary to make the examination described in 
                        paragraph (2)(A)(ii)(II), including--
                                    (I) the average annual operating 
                                loss per megawatt-hour expected to be 
                                incurred by the nuclear reactor over 
                                the 4-year period for which credits 
                                would be allocated;
                                    (II) any private or publicly 
                                available data with respect to current 
                                or projected bulk power market prices;
                                    (III) out-of-market revenue 
                                streams;
                                    (IV) operations and maintenance 
                                costs;
                                    (V) capital costs, including fuel; 
                                and
                                    (VI) operational and market risks;
                            (ii) an estimate of the potential 
                        incremental emissions of carbon dioxide, 
                        nitrogen oxides, sulfur oxides, particulate 
                        matter, and hazardous air pollutants that would 
                        result if the nuclear reactor were to cease 
                        operations;
                            (iii) information on the source of 
                        recovered uranium and the location where the 
                        uranium is converted, enriched, and fabricated 
                        into fuel assemblies for the nuclear reactor 
                        for the 4-year period for which credits would 
                        be allocated; and
                            (iv) a detailed plan to sustain operations 
                        at the conclusion of the applicable 4-year 
                        period for which credits would be allocated--
                                    (I) without receiving additional 
                                credits; or
                                    (II) with the receipt of additional 
                                credits of a lower amount than the 
                                credits allocated during that 4-year 
                                credit period.
                    (B) Timeline.--The Administrator shall accept 
                applications described in subparagraph (A)--
                            (i) until the date that is 120 days after 
                        the date of enactment of this Act; and
                            (ii) not less frequently than every year 
                        thereafter.
            (2) Determination to certify.--
                    (A) Determination.--
                            (i) In general.--Not later than 60 days 
                        after the applicable date under subparagraph 
                        (B) of paragraph (1), the Administrator, in 
                        consultation with the Secretary, shall 
                        determine whether to certify, in accordance 
                        with clauses (ii) and (iii), each nuclear 
                        reactor for which an application is submitted 
                        under subparagraph (A) of that paragraph.
                            (ii) Minimum requirements.--To the maximum 
                        extent practicable, the Administrator, in 
                        consultation with the Secretary, shall only 
                        certify a nuclear reactor under clause (i) if--
                                    (I) the nuclear reactor has a good 
                                safety record, as determined by the 
                                Action Matrix of the Commission or the 
                                Performance Indicators of the Reactor 
                                Oversight Process, such that the 
                                nuclear reactor falls under the 
                                ``licensee response'' column indicating 
                                no current significant safety issues;
                                    (II) after considering the 
                                information submitted under paragraph 
                                (1)(A)(i), the Administrator determines 
                                that the nuclear reactor is projected 
                                to cease operations due to economic 
                                factors; and
                                    (III) after considering the 
                                estimate submitted under paragraph 
                                (1)(A)(ii), the Administrator 
                                determines that emissions of carbon 
                                dioxide, nitrogen oxides, sulfur 
                                oxides, particulate matter, and 
                                hazardous air pollutants would increase 
                                if the nuclear reactor were to cease 
                                operations and be replaced with other 
                                types of power generation.
                            (iii) Priority.--In determining whether to 
                        certify a nuclear reactor under clause (i), the 
                        Administrator, in consultation with the 
                        Secretary, shall give priority to a nuclear 
                        reactor that uses uranium that is recovered, 
                        converted, enriched, and fabricated into fuel 
                        assemblies in the United States.
                    (B) Notice.--For each application received under 
                paragraph (1)(A), the Administrator, in consultation 
                with the Secretary, shall provide to the applicable 
                owner or operator, as applicable--
                            (i) a notice of the certification of the 
                        applicable nuclear reactor; or
                            (ii) a notice that describes the reasons 
                        why the certification of the applicable nuclear 
                        reactor was denied.
    (d) Bidding Process.--
            (1) In general.--Subject to paragraph (2), the 
        Administrator shall establish a deadline by which each 
        certified nuclear reactor shall submit to the Administrator a 
        sealed bid that--
                    (A) describes the price per megawatt-hour required 
                to maintain operations of the certified nuclear reactor 
                during the 4-year period for which the certified 
                nuclear reactor would receive credits; and
                    (B) includes a commitment, subject to the receipt 
                of credits, to provide a specific number of megawatt-
                hours of generation during the 4-year period for which 
                credits would be allocated.
            (2) Requirement.--The deadline established under paragraph 
        (1) shall be not later than 30 days after the first date on 
        which the Administrator has made the determination described in 
        paragraph (2)(A)(i) of subsection (c) with respect to each 
        application submitted under paragraph (1)(A) of that 
        subsection.
    (e) Allocation.--
            (1) Auction.--The Administrator, in consultation with the 
        Secretary, shall--
                    (A) in consultation with the heads of applicable 
                Federal agencies, establish a process for evaluating 
                bids submitted under subsection (d)(1) through an 
                auction process; and
                    (B) select certified nuclear reactors to be 
                allocated credits.
            (2) Credits.--Subject to subsection (f)(2), on selection 
        under paragraph (1), a certified nuclear reactor shall be 
        allocated credits for a 4-year period beginning on the date of 
        the selection.
            (3) Requirement.--To the maximum extent practicable, the 
        Administrator shall use the amounts made available for credits 
        under this section to allocate credits to as many certified 
        nuclear reactors as possible.
    (f) Renewal.--
            (1) In general.--The owner or operator of a certified 
        nuclear reactor may seek to recertify the nuclear reactor in 
        accordance with this section.
            (2) Limitation.--Notwithstanding any other provision of 
        this section, the Administrator may not allocate any credits 
        after September 30, 2027.
    (g) Additional Requirements.--
            (1) Audit.--During the 4-year period beginning on the date 
        on which a certified nuclear reactor first receives a credit, 
        the Administrator, in consultation with the Secretary, shall 
        periodically audit the certified nuclear reactor.
            (2) Recapture.--The Administrator shall, by regulation, 
        provide for the recapture of the allocation of any credit to a 
        certified nuclear reactor that, during the period described in 
        paragraph (1)--
                    (A) terminates operations; or
                    (B) does not operate at an annual loss in the 
                absence of an allocation of credits to the certified 
                nuclear reactor.
            (3) Confidentiality.--The Administrator, in consultation 
        with the Secretary, shall establish procedures to ensure that 
        any confidential, private, proprietary, or privileged 
        information that is included in a sealed bid submitted under 
        this section is not publicly disclosed or otherwise improperly 
        used.
    (h) Report.--Not later than January 1, 2025, the Comptroller 
General of the United States shall submit to Congress a report with 
respect to the credits allocated to certified nuclear reactors, which 
shall include--
            (1) an evaluation of the effectiveness of the credits in 
        avoiding emissions of carbon dioxide, nitrogen oxides, sulfur 
        oxides, particulate matter, and hazardous air pollutants while 
        ensuring grid reliability;
            (2) a quantification of the ratepayer savings achieved 
        under this section; and
            (3) any recommendations to renew or expand the credits.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2022 through 2027.

SEC. 302. REPORT ON LESSONS LEARNED DURING THE COVID-19 PUBLIC HEALTH 
              EMERGENCY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall submit to the appropriate 
committees of Congress and make publicly available a report on actions 
taken by the Commission during the public health emergency declared by 
the Secretary of Health and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 
respect to COVID-19.
    (b) Contents.--The report under subsection (a) shall include--
            (1) an identification of the processes, procedures, and 
        other regulatory policies that were revised or temporarily 
        suspended during the public health emergency described in 
        subsection (a);
            (2) a review of actions, if any, taken by the Commission 
        that examines how any revision or temporary suspension of a 
        process, procedure, or other regulatory policy identified under 
        paragraph (1) may or may not have compromised the ability of 
        the Commission to license and regulate the civilian use of 
        radioactive materials in the United States to protect public 
        health and safety, promote the common defense and security, and 
        protect the environment;
            (3) a description of any process efficiencies or challenges 
        that resulted from the matters identified under paragraph (1);
            (4) a discussion of lessons learned from the matters 
        described in paragraphs (1), (2), and (3);
            (5) a list of actions that the Commission may take to 
        incorporate into the licensing activities and regulations of 
        the Commission, without compromising the mission of the 
        Commission--
                    (A) the lessons described in paragraph (4); and
                    (B) the information provided under paragraphs (2) 
                and (3); and
            (6) a description of when the actions described in 
        paragraph (5) may be implemented.

SEC. 303. INVESTMENT BY ALLIES.

    (a) In General.--The prohibitions against issuing certain licenses 
for utilization facilities to certain corporations and other entities 
described in the second sentence of section 103 d. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2133(d)) and the second sentence of section 104 
d. of that Act (42 U.S.C. 2134(d)) shall not apply to an entity 
described in subsection (b) if the Commission determines that issuance 
of the applicable license to that entity is not inimical to--
            (1) the common defense and security; or
            (2) the health and safety of the public.
    (b) Entities Described.--An entity referred to in subsection (a) is 
a corporation or other entity that is owned, controlled, or dominated 
by--
            (1) the government of--
                    (A) a country that is a member of the Group of 
                Seven as of November 25, 2020, which includes the 
                United Kingdom, Germany, Canada, Japan, France, and 
                Italy; or
                    (B) the Republic of Korea;
            (2) a corporation that is incorporated in a country 
        described in subparagraph (A) or (B) of paragraph (1); or
            (3) an alien who is a national of a country described in 
        subparagraph (A) or (B) of paragraph (1).
    (c) Technical Amendment.--Section 103 d. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence, by 
striking ``any any'' and inserting ``any''.
    (d) Savings Clause.--Nothing in this section affects the 
requirements of section 721 of the Defense Production Act of 1950 (50 
U.S.C. 4565).

 TITLE IV--REVITALIZING AMERICA'S NUCLEAR SUPPLY CHAIN INFRASTRUCTURE 
                             AND WORKFORCE

SEC. 401. REPORT ON ADVANCED METHODS OF MANUFACTURING AND CONSTRUCTION 
              FOR NUCLEAR ENERGY APPLICATIONS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall submit to the appropriate 
committees of Congress a report (referred to in this section as the 
``report'') on manufacturing and construction for nuclear energy 
applications.
    (b) Stakeholder Input.--In developing the report, the Commission 
shall seek input from--
            (1) the Secretary;
            (2) the nuclear energy industry;
            (3) National Laboratories;
            (4) institutions of higher education;
            (5) nuclear and manufacturing technology developers;
            (6) the manufacturing and construction industries;
            (7) standards development organizations;
            (8) labor unions;
            (9) nongovernmental organizations; and
            (10) other public stakeholders.
    (c) Contents.--
            (1) In general.--The report shall--
                    (A) examine any unique licensing issues or 
                requirements relating to the use of innovative--
                            (i) advanced manufacturing processes; and
                            (ii) advanced construction techniques;
                    (B) examine--
                            (i) the requirements for nuclear-grade 
                        components in manufacturing and construction 
                        for nuclear energy applications;
                            (ii) opportunities to use standard 
                        materials, parts, or components in 
                        manufacturing and construction for nuclear 
                        energy applications; and
                            (iii) opportunities to use standard 
                        materials that are in compliance with existing 
                        codes to provide acceptable approaches to 
                        support or encapsulate new materials that do 
                        not yet have applicable codes;
                    (C) identify any safety aspects of innovative 
                advanced manufacturing processes and advanced 
                construction techniques that are not addressed by 
                existing codes and standards, so that generic guidance 
                may be updated or created, as necessary;
                    (D) identify options for addressing the issues, 
                requirements, and opportunities examined under 
                subparagraphs (A) and (B)--
                            (i) within the existing regulatory 
                        framework; or
                            (ii) through a new rulemaking; and
                    (E) describe the extent to which Commission action 
                is needed to implement any matter described in the 
                report.
            (2) Cost estimates, budgets, and timeframes.--The report 
        shall include cost estimates, proposed budgets, and proposed 
        timeframes for implementing risk-informed and performance-based 
        regulatory guidance for manufacturing and construction for 
        nuclear energy applications.

SEC. 402. NUCLEAR ENERGY TRAINEESHIP.

    Section 313 of division C of the Omnibus Appropriations Act, 2009 
(42 U.S.C. 16274a), is amended--
            (1) in subsection (a), by striking ``Nuclear Regulatory'';
            (2) in subsection (b)(1), in the matter preceding 
        subparagraph (A), by inserting ``and subsection (c)'' after 
        ``paragraph (2)'';
            (3) in subsection (c)--
                    (A) by redesignating paragraph (2) as paragraph 
                (5); and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
        reactor' has the meaning given the term in section 951(b) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
            ``(2) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
        15801).
            ``(4) National laboratory.--The term `National Laboratory' 
        has the meaning given the term in section 951(b) of the Energy 
        Policy Act of 2005 (42 U.S.C. 16271(b)).'';
            (4) in subsection (d)(2), by striking ``Nuclear 
        Regulatory'';
            (5) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (6) by inserting after subsection (b) the following:
    ``(c) Nuclear Energy Traineeship Subprogram.--
            ``(1) In general.--The Commission shall establish, as a 
        subprogram of the Program, a nuclear energy traineeship 
        subprogram under which the Commission, in coordination with 
        institutions of higher education and trade schools, shall 
        competitively award traineeships that provide focused training 
        to meet critical mission needs of the Commission and nuclear 
        workforce needs, including needs relating to--
                    ``(A) nuclear criticality safety; and
                    ``(B) the nuclear tradecraft workforce.
            ``(2) Requirements.--In carrying out the nuclear energy 
        traineeship subprogram described in paragraph (1), the 
        Commission shall--
                    ``(A) coordinate with the Secretary of Energy to 
                prioritize the funding of traineeships that focus on--
                            ``(i) nuclear workforce needs; and
                            ``(ii) critical mission needs of the 
                        Commission;
                    ``(B) encourage appropriate partnerships among--
                            ``(i) National Laboratories;
                            ``(ii) institutions of higher education;
                            ``(iii) trade schools; and
                            ``(iv) the nuclear energy industry; and
                    ``(C) on an annual basis, evaluate nuclear 
                workforce needs for the purpose of implementing 
                traineeships in focused topical areas that--
                            ``(i) address the workforce needs of the 
                        nuclear energy community; and
                            ``(ii) support critical mission needs of 
                        the Commission.''.

                         TITLE V--MISCELLANEOUS

SEC. 501. ANNUAL REPORT ON THE SPENT NUCLEAR FUEL AND HIGH-LEVEL 
              RADIOACTIVE WASTE INVENTORY IN THE UNITED STATES.

    (a) Definitions.--In this section:
            (1) High-level radioactive waste.--The term ``high-level 
        radioactive waste'' has the meaning given the term in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (2) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).
            (3) Standard contract.--The term ``standard contract'' has 
        the meaning given the term ``contract'' in section 961.3 of 
        title 10, Code of Federal Regulations (or a successor 
        regulation).
    (b) Report.--Not later than January 1, 2023, and annually 
thereafter, the Secretary shall submit to Congress a report that 
describes--
            (1) the annual and cumulative amount of payments made by 
        the United States to the holder of a standard contract due to a 
        partial breach of contract under the Nuclear Waste Policy Act 
        of 1982 (42 U.S.C. 10101 et seq.) resulting in financial 
        damages to the holder;
            (2) the amount spent by the Department to reduce future 
        payments projected to be made by the United States to any 
        holder of a standard contract due to a partial breach of 
        contract under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10101 et seq.);
            (3) the cumulative amount spent by the Department to store, 
        manage, and dispose of spent nuclear fuel and high-level 
        radioactive waste in the United States as of the date of the 
        report;
            (4) the projected lifecycle costs to store, manage, 
        transport, and dispose of the projected inventory of spent 
        nuclear fuel and high-level radioactive waste in the United 
        States, including spent nuclear fuel and high-level radioactive 
        waste expected to be generated from existing reactors through 
        2050;
            (5) any mechanisms for better accounting of liabilities for 
        the lifecycle costs of the spent nuclear fuel and high-level 
        radioactive waste inventory in the United States; and
            (6) any recommendations for improving the methods used by 
        the Department for the accounting of spent nuclear fuel and 
        high-level radioactive waste costs and liabilities.

SEC. 502. AUTHORIZATION OF APPROPRIATIONS FOR SUPERFUND ACTIONS AT 
              ABANDONED MINING SITES ON TRIBAL LAND.

    (a) Definitions.--In this section:
            (1) Eligible non-npl site.--The term ``eligible non-NPL 
        site'' means a site that--
                    (A) is not on the National Priorities List; but
                    (B) the Administrator determines would be eligible 
                for listing on the National Priorities List based on 
                the presence of hazards from contamination at the site, 
                applying the hazard ranking system described in section 
                105(c) of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 
                9605(c)).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (3) National priorities list.--The term ``National 
        Priorities List'' means the National Priorities List developed 
        by the President in accordance with section 105(a)(8)(B) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2022 through 2031, to remain 
available until expended--
            (1) $97,000,000 to the Administrator to carry out this 
        section (except for subsection (d)); and
            (2) $3,000,000 to the Administrator of the Agency for Toxic 
        Substances and Disease Registry to carry out subsection (d).
    (c) Uses of Amounts.--Amounts appropriated under subsection (b)(1) 
shall be used by the Administrator--
            (1) to carry out removal actions on abandoned mine land 
        located on Tribal land;
            (2) to carry out remedial actions on abandoned mine land 
        located on Tribal land at--
                    (A) eligible non-NPL sites; and
                    (B) sites listed on the National Priorities List; 
                and
            (3) to make grants under subsection (e).
    (d) Health Assessments.--Subject to the availability of 
appropriations, the Agency for Toxic Substances and Disease Registry, 
in coordination with Tribal health authorities, shall perform 1 or more 
health assessments at each eligible non-NPL site that is located on 
Tribal land.
    (e) Grants for Technical Assistance.--
            (1) In general.--The Administrator may use amounts 
        appropriated under subsection (b)(1) to make grants to Indian 
        Tribes on whose land is located an eligible non-NPL site.
            (2) Use of grant funds.--A grant under paragraph (1) shall 
        be used in accordance with the second sentence of section 
        117(e)(1) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9617(e)(1)).
            (3) Limitations.--A grant under paragraph (1) shall be 
        governed by the rules, procedures, and limitations described in 
        section 117(e)(2) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9617(e)(2)), 
        except that--
                    (A) ``Administrator of the Environmental Protection 
                Agency'' shall be substituted for ``President'' each 
                place it appears in that section; and
                    (B) in the first sentence of that section, ``under 
                section 502 of the American Nuclear Infrastructure Act 
                of 2021'' shall be substituted for ``under this 
                subsection''.
    (f) Statute of Limitations.--If a remedial action described in 
subsection (c)(2) is scheduled at an eligible non-NPL site, no action 
may be commenced for damages (as defined in section 101 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601)) with respect to that eligible non-NPL site 
unless the action is commenced within the timeframe provided for such 
actions with respect to facilities on the National Priorities List in 
the first sentence of the matter following subparagraph (B) of section 
113(g)(1) of that Act (42 U.S.C. 9613(g)(1)).
    (g) Coordination.--The Administrator shall coordinate with the 
Indian Tribe on whose land the applicable site is located in--
            (1) selecting and prioritizing sites for removal actions 
        and remedial actions under paragraphs (1) and (2) of subsection 
        (c); and
            (2) carrying out those removal actions and remedial 
        actions.

SEC. 503. NUCLEAR CLOSURE COMMUNITIES.

    (a) Definitions.--In this section:
            (1) Community advisory board.--The term ``community 
        advisory board'' means a community committee or other advisory 
        organization that aims to foster communication and information 
        exchange between a licensee planning for and involved in 
        decommissioning activities and members of the community that 
        decommissioning activities may affect.
            (2) Decommission.--The term ``decommission'' has the 
        meaning given the term in section 50.2 of title 10, Code of 
        Federal Regulations (or successor regulations).
            (3) Eligible recipient.--The term ``eligible recipient'' 
        has the meaning given the term in section 3 of the Public Works 
        and Economic Development Act of 1965 (42 U.S.C. 3122).
            (4) Licensee.--The term ``licensee'' has the meaning given 
        the term in section 50.2 of title 10, Code of Federal 
        Regulations (or successor regulations).
            (5) Nuclear closure community.--The term ``nuclear closure 
        community'' means a unit of local government, including a 
        county, city, town, village, school district, or special 
        district that has been impacted, or reasonably demonstrates to 
        the satisfaction of the Secretary, that it will be impacted, by 
        a nuclear power plant licensed by the Commission that has 
        ceased operation or has provided a written notification to the 
        Commission that it will cease operations as of the date of 
        enactment of this Act.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Assistant Secretary of Commerce 
        for Economic Development.
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a grant program to 
provide grants to eligible recipients--
            (1) to assist with economic development in nuclear closure 
        communities; and
            (2) to fund community advisory boards in nuclear closure 
        communities.
    (c) Requirement.--In carrying out this section, to the maximum 
extent practicable, the Secretary shall implement the recommendations 
described in the report submitted to Congress under section 108 of the 
Nuclear Energy Innovation and Modernization Act (Public Law 115-439; 
132 Stat. 5577) entitled ``Best Practices for Establishment and 
Operation of Local Community Advisory Boards Associated with 
Decommissioning Activities at Nuclear Power Plants''.
    (d) Distribution of Funds.--The Secretary shall establish a formula 
to ensure, to the maximum extent practicable, geographic diversity 
among grant recipients under this section.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary--
                    (A) to carry out subsection (b)(1), $30,000,000 for 
                each of fiscal years 2022 through 2027; and
                    (B) to carry out subsection (b)(2), $5,000,000 for 
                each of fiscal years 2022 through 2024.
            (2) Availability.--Amounts made available under this 
        section shall remain available for a period of 5 years 
        beginning on the date on which the amounts are made available.
            (3) No offset.--None of the funds made available under this 
        section may be used to offset the funding for any other Federal 
        program.

SEC. 504. REPORT ON CORPORATE SUPPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Commission shall submit to the appropriate committees of Congress 
and make publicly available a report that describes--
            (1) the progress on the implementation of section 102(a)(3) 
        of the Nuclear Energy Innovation and Modernization Act (42 
        U.S.C. 2215(a)(3)); and
            (2) whether the Commission is meeting and is expected to 
        meet the total budget authority caps required for corporate 
        support under that section.

SEC. 505. TECHNICAL CORRECTION.

    Section 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) 
is amended--
            (1) by striking the third sentence and inserting the 
        following:
            ``(3) Limitation on utilization facilities.--The Commission 
        may issue a license under this section for a utilization 
        facility useful in the conduct of research and development 
        activities of the types specified in section 31 if--
                    ``(A) not more than 75 percent of the annual costs 
                to the licensee of owning and operating the facility 
                are devoted to the sale, other than for research and 
                development or education and training, of--
                            ``(i) nonenergy services;
                            ``(ii) energy; or
                            ``(iii) a combination of nonenergy services 
                        and energy; and
                    ``(B) not more than 50 percent of the annual costs 
                to the licensee of owning and operating the facility 
                are devoted to the sale of energy.'';
            (2) in the second sentence, by striking ``The Commission'' 
        and inserting the following:
            ``(2) Regulation.--The Commission''; and
            (3) by striking ``c. The Commission'' and inserting the 
        following:
    ``c. Research and Development Activities.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Commission''.
                                 <all>