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                                                      Calendar No. 217
116th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {      116-114

======================================================================



 
                     NUCLEAR ENERGY LEADERSHIP ACT

                                _______
                                

               September 24, 2019.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 903]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 903) 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, having considered the same, reports favorably 
thereon with an amendment (in the nature of a substitute) and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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.

                                Purpose

    The purpose of S. 903 is to direct the Secretary of Energy 
to establish advanced nuclear goals, provide for a versatile, 
reactor-based fast neutron source, and make available high-
assay, low-enriched uranium (HALEU) for research, development, 
and demonstration (RD&D) of advanced nuclear reactor concepts.

                          Background and Need

    Nuclear plants have operated safely and reliably since 
their initial commercial deployment in the 1950s in the U.S.--
and currently represent about 60 percent of the United States' 
carbon free power and nearly 20 percent of all of the nation's 
electric power generation. Civil nuclear technology today 
heavily relies on light-water reactor technology developed in 
the 1950s for use by the U.S. Navy. Because the U.S. had the 
most robust and advanced technology at the time, the U.S. was 
the undisputed international leader on proliferation 
safeguards, technology, materials, and global industry safety 
standards. Additionally, the nuclear science and engineering 
ecosystem developed within the U.S. to support the commercial 
and defense sectors was comprised of the world's best 
laboratory capabilities, university professors, and nuclear 
supply chain, which bolstered our national security enterprise, 
including the best-in class naval reactors on U.S. submarines 
and aircraft carriers.
    These same experts were testing light-water technologies 
and other more exotic advanced reactor designs at sites that 
would become today's Department of Energy (DOE) national 
laboratories. At that time, the U.S. was investigating 
different types of coolants, fuels, and materials that promised 
increased reactor performance. However, many of the 
technologies and materials were not yet ready for full-scale 
commercial deployment.
    Due to the economic challenges that face large light water 
reactors and interests to reduce carbon, innovators around the 
world have been working to commercialize advanced nuclear 
reactors. In doing so, they are revisiting data collected 
during the 1960s, but moving beyond initial tests to design the 
next-generation of reactors. While based on old concepts, the 
innovations rely on new ideas and employ state of the art 
computer engineering, physics, design tools, and materials.

The U.S. has ceded global nuclear leadership to China and Russia

    The U.S. has since lost its position in global nuclear 
leadership, having been surpassed by China and Russia. These 
nations and other U.S. competitors continued to build new 
nuclear reactors through the 1990s and 2000s, within their 
borders and around the world. Since 1990, the U.S. has 
completed only one commercial reactor construction project, at 
the Tennessee Valley Authority's Watts Bar plant (although this 
reactor's construction was started in the 1980s and then put on 
hold for decades until completion in 2016).
    The health of the U.S. nuclear sector will depend on not 
only its ability to deploy reactors domestically, but on its 
ability to meet global market needs. More than 1.3 billion 
people will require electricity to move out of poverty while 
simultaneously working to cut carbon emissions. The Chinese 
government has committed to construct 120 to 150 gigawatts-
electric of nuclear by 2030 and India wishes to meet 25 percent 
of its electricity needs with nuclear energy by 2050. Access to 
the global nuclear market, which is estimated at over $75 
billion in new investment annually, and ability to provide 
advanced nuclear technologies on a relevant timescale will 
determine the competitiveness of U.S.-based technologies.
    In addition, the U.S. has prematurely shut down seven 
reactors since 2013, due to various issues, including economic 
competition from natural gas and subsidized renewables, anti-
nuclear political pressure, and maintenance challenges. There 
are now 98 commercial reactors operating in the U.S. with only 
two new units currently under construction and an additional 12 
units scheduled to be closed by 2025. Continued investment in 
material and fuel research is essential for maintaining the 
viability of the commercial reactor fleet.

The loss of U.S. nuclear leadership has broad impacts

    The loss of leadership equates to adverse effects on U.S. 
clean energy generation, economic competitiveness, and national 
security. To reestablish global nuclear leadership, the U.S. 
must have a healthy nuclear ecosystem capable of designing and 
deploying the most advanced reactor concepts in the world at a 
competitive price.
    At the Committee's February 28, 2019, hearing to examine 
global markets, Dr. Fatih Birol, the Executive Director of the 
International Energy Agency, testified as to the importance of 
nuclear energy within the U.S. energy generation mix, as well 
as American global leadership on nuclear issues. At the 
Committee's February 7, 2019, hearing on the status and outlook 
of energy innovation in the United States, multiple witnesses 
testified regarding the importance of advanced nuclear 
technologies as key components in a future generation mix that 
is clean, safe, reliable, flexible, and diverse.
    Fortunately, there is a burgeoning community of advanced 
reactor innovators in the U.S., led by the private sector and 
supported by DOE and its national laboratories. A study by 
Third Way in 2016 identified 54 advanced reactor developers in 
the U.S. Three of these companies provided testimony to the 
Committee at a May 17, 2016, hearing on advanced nuclear 
technologies.

Micro-reactors can lower emissions, power remote communities, and 
        further national security efforts

    One of the most challenging sectors of the energy economy 
from which to lower carbon emissions is the diesel generation 
market. Powering small remote communities, military 
installations, and remote mineral development projects, as well 
as providing backup power for high-value assets, continuous 
manufacturing processes, hospitals, and other community 
services are all dominated by diesel generation, which is often 
high-cost and high-emissions. Recent studies have shown that a 
subset of advanced reactors, called micro-reactors, could 
provide power on the order of single megawatts, be immediately 
competitive with diesel power, and lower energy costs 
substantially.
    As authorized by the John S. McCain National Defense 
Authorization Act of Fiscal Year 2019 (Public Law 115-232), the 
Department of Defense (DoD) and DOE are exploring potential 
micro-reactors that could provide reliable and resilient power 
to DoD bases and installations. This effort is building upon 
other work that has examined the usefulness of micro-reactors 
or small modular reactors for defense needs, including a 
Defense Science Board Report from 2016 and a study by Sandia 
National Laboratory for the U.S. Air Force.
            Industrial applications
    The industrial sector relies on process heat to manufacture 
iron and steel, forest products, advanced materials, cement, 
glass, and many other products. Process heat requires a high 
amount of energy in order to reach temperatures as high as 
1500+C and is currently dependent on carbon-intensive 
technologies. The industrial sector represents around 20 
percent of total direct U.S. greenhouse gas emissions and will 
require technological advances in nuclear energy to become a 
zero emission sector. Additionally, advanced nuclear could also 
play a critical role in hydrogen production and seawater 
desalination processes.

Challenges facing commercial nuclear innovation

    Despite the many anticipated benefits of advanced reactors, 
including micro-reactors, there are many challenges that stand 
in the way of commercial nuclear innovators based in the U.S. 
bringing technologies to market in a globally relevant 
timeframe.
    The advanced nuclear industry needs access to testing 
capabilities that do not currently exist in the U.S., including 
neutron irradiation facilities with a fast-neutron spectrum, 
and access to high assay low-enriched uranium, which is not 
commercially available in the U.S. There is also the need to 
identify and develop a market for early first adopters of their 
technologies. Meanwhile, the advanced nuclear industry, DOE, 
the National Nuclear Security Agency, and the Nuclear 
Regulatory Commission all need qualified nuclear scientists and 
engineers who can research, develop, commercialize, regulate, 
and safeguard advanced nuclear reactor technologies. S. 903, 
the Nuclear Energy Leadership Act, would set new policies for 
DOE to facilitate public-private partnerships to meet these 
specific challenges and accelerate the path to market for 
multiple advanced nuclear reactor technologies.
    Driven by the need for reliable carbon-free power, many 
nations are considering nuclear energy for their futures. 
According to an International Trade Commission Report, in 2016 
the U.S. Department of Commerce estimated that the global 
nuclear market may be worth up to $740 billion over 10 years. 
Competitor nations will continue pursuing their own advanced 
reactor concepts, making the export of nuclear technologies a 
geostrategic national goal. Many companies in competitor 
nations are state-owned enterprises. The governments of China 
and Russia fully back their nationalized nuclear corporations 
when opportunities for export arise in the global marketplace.
    U.S.-based companies can compete globally if they lead the 
world with the best technologies. S. 903 is intended to 
position U.S. innovators to successfully develop, demonstrate, 
and deploy their advanced reactor concepts and reestablish the 
U.S. as the global nuclear leader.

                          Legislative History

    S. 903 was introduced by Senator Murkowski, for herself and 
Senators Booker, Alexander, Manchin, Risch, Whitehouse, Crapo, 
Coons, Capito, Duckworth, Sullivan, Bennet, Graham, Portman, 
and Gardner, on March 27, 2019. Senators Braun, Cardin, Cramer, 
and Jones were added as cosponsors. The Senate Committee on 
Energy and Natural Resources held a hearing on S. 903 on April 
30, 2019.
    Similar legislation, H.R. 3306, was introduced in the House 
of Representatives by Representative Luria on June 18, 2019 and 
referred to the Science, Space and Technology Committee; the 
Energy and Commerce Committee; the Oversight and Reform 
Committee; and the Armed Services Committee.
    In the 115th Congress, Senator Murkowski, for herself and 
Senators Booker, Risch, Crapo, Capito, Durbin, Whitehouse, 
Manchin, and Coons, introduced nearly identical legislation, S. 
3422, on September 6, 2018. Senators Bennet and Duckworth were 
added as cosponsors. The Energy and Natural Resources Committee 
conducted a hearing on S. 3422 on November 29, 2018.
    Related legislation, H.R. 5260, was introduced in the House 
of Representatives by Representative Higgins on May 22, 2018, 
and referred to the Science, Space and Technology Committee. 
H.R. 4378, related legislation, was introduced in the House of 
Representatives by Representative Weber on November 13, 2017, 
and was reported by the Science, Space and Technology Committee 
on February 13, 2018 (H. Rept. 115-557). The House passed H.R. 
4378 by voice vote on February 2, 2018, and the measure was 
referred to the Committee on Energy and Natural Resources in 
the Senate.
    The Committee on Energy and Natural Resources met in open 
business session on July 16, 2019, and ordered S. 903 favorably 
reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 16, 2019, by a majority voice vote of 
a quorum present, recommends that the Senate pass S. 903, if 
amended as described herein. Senators Lee and Hirono asked to 
be recorded as voting no.

                          Committee Amendment

    During its consideration of S. 903, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
amendment modifies section 640 of the Energy Policy Act of 2005 
(EPAct 2005, Public Law 109-58), as added by section 3 of the 
bill, to clarify that only a reactor that receives its first 
license from the Nuclear Regulatory Commission after January 1, 
2019, can qualify for the Commercial Nuclear power purchase 
agreement (PPA) pilot program. It also adds the word 
``nuclear'' before ``power purchase agreement'' in section 
640(a) for further clarification.
    The substitute amendment modifies the definition of 
``Demonstration Project'' in section 959A of EPAct 2005, as 
added by section 4 of the bill, to include the demonstration of 
privately funded experimental advanced reactors on DOE land and 
advanced reactors demonstrated by DOD in cooperation with DOE.
    The substitute amendment modifies section 959A(c) to use 
the phrase ``enter into agreements to complete'' instead of 
``the Secretary of Energy shall demonstrate.''
    The substitute amendment adds a new section 
959A(c)(2)(C)(iii) specifying that the external review is not 
required for reactors that are not Federally funded. The 
amendment further modifies section 959A(c)(2)(D) to clarify 
that cost-sharing provisions in section 988 of EPAct 2005 only 
apply to Federally-funded demonstration projects.
    The substitute amendment adds a new section 959A(c)(2)(G) 
requiring that the Secretary of Energy seek to ensure 
demonstrations projects will not slow existing advanced reactor 
deployments underway at time of enactment.
    The substitute amendment also adds a new finding to section 
7 of the bill that nuclear fuel supply technology originating 
in the United States is not required for use in civilian 
advanced reactor applications, and modifies the fourth finding 
in section 7 to clarify that no domestic uranium enrichment 
capability ``is licensed'' for HALEU instead of ``exists.''
    The substitute amendment adds a new subsection (b)(4)(B) to 
section 960 of EPAct 2005, as added by section 6(b) of the 
bill, requiring the Secretary to consider the impact of the 
HALEU provision on DOE's requirements to support medical 
isotope production.
    The substitute amendment adds a new subsection (c)(2)(D) to 
section 960 that adds medical isotope producers to the 
stakeholder list for the required report on options to provide 
HALEU for advanced reactor development.
    The substitute amendment modifies the authorization of 
appropriations in section 313 of the 2009 Energy and Water 
Development and Related Agencies Appropriations Act (Public Law 
111-8), as amended by section 8(b) of the bill, for the 
University Nuclear Leadership Program. The modification 
authorizes $45 million annually and is equally distributed 
between the Secretary of Energy, the National Nuclear Security 
Administration Administrator, and the Chairman of the Nuclear 
Regulatory Commission.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 sets forth the short title of the bill.

Sec. 2. Authorization of long-term power purchase agreements

    Section 2 amends 40 U.S.C. 501(b)(1)(B) to extend the 
maximum length of Federal power purchase agreements (PPAs) from 
10 years to 40 years, and clarify that the contract costs for 
any fiscal year (FY) under the provision may be paid from the 
annual appropriations for that FY.

Sec. 3. Long-term nuclear power purchase agreement pilot program

    Section 3 amends subtitle B of title VI of EPAct 2005 to 
add a new ``Section 640. Long-Term Nuclear Power Purchase 
Agreement Pilot Program.'' The new section 640 directs the 
Secretary to establish a pilot program in which DOE will work 
with other relevant agencies to identify and enter into at 
least one federal PPA by December 31, 2023, from a new NRC-
licensed nuclear power facility for a period longer than 10 
years. Special consideration will be given to, and above market 
rates will be allowed 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 national interest purposes, especially in remote off-grid 
scenarios or grid-connected scenarios that can provide 
emergency islanding power capabilities.

Sec. 4. Advanced nuclear research and development goals

    Section 4 amends subtitle E of title IX of EPAct 2005 to 
add at the end a new ``Section 959A. Advanced Nuclear Reactor 
Research and Development Goals.'' Subsection (a) of the new 
section 959A defines key terms. Subsection (b) requires the 
Secretary to advance the research and development of advanced 
reactor technologies. Subsection (c) directs the Secretary to 
enter into agreements to complete two or more advanced reactor 
technologies by December 31, 2025, and an additional two to 
five reactors by December 31, 2035; specifies requirements, 
including design diversity, special considerations, cost-
effectiveness, and cost-share; and directs the Secretary to 
conduct R&D with the private sector. Subsection (d) directs the 
Secretary to establish goals for advanced nuclear reactor-
related research that support the program's objectives, 
coordinate with private industry to advance design 
demonstrations, and ensure that research activities and 
programs meet certain requirements.

Sec. 5. Nuclear energy strategic plan

    Section 5 amends subtitle E of title IX of EPAct 2005 to 
add at the end a new ``Section 959B. Nuclear Energy Strategic 
Plan.'' The new section 959B requires the Secretary to develop 
a 10-year strategic plan for the Office of Nuclear Energy 
within 180 days after enactment of the act. The plan, which is 
to be provided to relevant Congressional committees, is 
required to identify those programs that directly support the 
goals developed under section 4, as well as those deemed 
important to DOE's mission. It also requires anticipated 
milestones for the success and sun-setting of current programs, 
while identifying future programs leading to a coherent and 
staged strategic plan. An update to the plan is required to be 
submitted to relevant Congressional committees every two years.

Sec. 6. Versatile, reactor-based fast neutron source

    Section 6 amends section 955(c)(1) of EPAct 2005 to direct 
the Secretary to provide for a versatile, reactor-based fast 
neutron source, which shall operate as a national user 
facility.

Sec. 7. Advanced nuclear fuel security program

    Section 7 sets forth Congressional findings and amends 
subtitle E of title IX of EPAct 2005 to add at the end a new 
``Section 960. Advanced Nuclear Fuel Security Program.'' 
Subsection (a) of the new section 960 defines key terms. 
Subsection (b)(1) directs the Secretary to establish a program, 
within one year of the date of enactment, to make available 
HALEU, through contracts for sale, resale, transfer, or lease, 
for use in commercial or noncommercial advanced nuclear 
reactors. Subsection (b)(2) requires the Department to retain 
ownership of the fuel and retain responsibility for disposing 
of radioactive waste. Subsection (b)(3) prescribes minimum 
quantities and date requirements for making HALEU available. 
Subsection (b)(4) prescribes factors the Secretary should take 
into consideration in carrying out the program under subsection 
(b), including providing HALEU from the Department's stockpile 
and requirements to support molybdenum-99 production. 
Subsection (b)(5) prohibits the Secretary from bartering or 
otherwise selling or transferring uranium in exchange for 
services relating to the disposal of radioactive waste from 
uranium leased under subsection (b). Subsection (b)(6) 
terminates the program on the earlier of January 1, 2035, or 
the date in which HALEU can be provided by the commercial 
market. Subsection (c) requires a comprehensive report to be 
provided to relevant Congressional committees within 180 days 
of the enactment. Subsection (d) requires the Secretary to 
conduct an R&D program for HALEU transportation.

Sec. 8. University nuclear leadership program

    Section 8 sets forth Congressional findings and amends 
Section 313 of the 2009 Energy and Water Development and 
Related Agencies Appropriations Act (Public Law 111-8) to 
authorize the University Nuclear Leadership Program, to be 
administered jointly by the Secretary, the NNSA Administrator, 
and the NRC Chairman. The new program replaces the Integrated 
University Program which expires in 2019 and will provide 
financial assistance through scholarships, fellowships, and R&D 
projects at institutions of higher education in nuclear science 
and engineering, and related technical fields. This section 
authorizes $45 million annually for this program (the current 
funding level), to be split equally among the Secretary, NNSA 
Administrator, and the NRC.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 903. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 903, as ordered reported.

                   Congressionally Directed Spending

    S. 903, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of Energy at the 
November 29, 2018, hearing on S. 3422, a similar bill to S. 
903, follows:

Testimony of Under Secretary of Energy Mark W. Menezes, U.S. Department 
                               of Energy

    Nuclear energy is clean, reliable, and safe, but the 
nuclear power industry needs to continue to innovate.
    Advanced reactors, including small modular reactors, hold 
great promise as a clean, reliable, and secure power source for 
our nation. The Department recognizes that advanced reactors 
face challenges to ultimately achieving commercialization. In 
addition to early-stage research and development the 
Administration supports prioritized investments in nuclear 
energy research infrastructure to enable private sector 
innovation.


          s. 3422 (murkowski-ak) nuclear energy leadership act


    The Nuclear Energy Leadership Act would enhance nuclear 
energy innovation, specifically related to advanced nuclear 
reactor technologies by providing goals for DOE to further 
accelerate the development of advanced reactor technologies, 
developing a program for making available the fuel required by 
these advanced reactors, and supporting the development of the 
high-skilled workforce needed to develop, regulate, and 
safeguard advanced reactors. This bill would also extend 
federal power purchase agreements (PPAs) from 10 years to 40 
years, and require DOE to enter into at least one PPA from a 
commercial nuclear reactor by 2023.
    DOE has reviewed this bill and has a few observations:
           The requirement to enter into at least one 
        agreement to purchase power from a commercial nuclear 
        reactor is achievable at Idaho National Laboratory if 
        it is done through a phased agreement to include the 
        Idaho Power Company. However, potential conflicts with 
        state law may need to be addressed.
           The bill would authorize the Secretary to 
        enter into one or more agreements to carry out no fewer 
        than four (4) advanced nuclear reactor demonstration 
        projects. This initiative would be dependent on the 
        availability of appropriations to attain its 
        objectives.
           This bill would direct the Department to 
        construct a fast neutron-capable research facility. 
        This is consistent with the Department's current plans 
        to develop a Versatile Test Reactor.
           DOE acknowledges the need for a strategic 
        plan and one is currently under development.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 903, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is presented in roman):

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

           *       *       *       *       *       *       *


CHAPTER 5--PROPERTY MANAGEMENT

           *       *       *       *       *       *       *



               Subchapter 1--Procurement and Warehousing


Sec. 501. Services for executive agencies.

    (a) Authority of Administrator of General Services.--
          (1) In general.--The Administrator of General 
        Services shall take action under this subchapter for an 
        executive agency--
                  (A) to the extent that the Administrator of 
                General Services determines that the action is 
                advantageous to the Federal Government in terms 
                of economy, efficiency, or service; and
                  (B) with due regard to the program activities 
                of the agency.
          (2) Exemption for defense.--The Secretary of Defense 
        may exempt the Department of Defense from an action 
        taken by the Administrator of General Services under 
        this subchapter, unless the President directs 
        otherwise, whenever the Secretary determines that an 
        exemption is in the best interests of national 
        security.
    (b) Procurement and Supply.--
          (1) Functions.--
                  (A) In general.--The Administrator of General 
                Services shall procure and supply personal 
                property and nonpersonal services for executive 
                agencies to use in the proper discharge of 
                their responsibilities, and perform functions 
                related to procurement and supply including 
                contracting, inspection, storage, issue, 
                property identification and classification, 
                transportation and traffic management, 
                management of public utility services, and 
                repairing and converting.
                  [(B) Public utility contracts.--A contract 
                for public utility services may be made for a 
                period of not more than 10 years.]
                  (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..

           *       *       *       *       *       *       *


                     THE ENERGY POLICY ACT OF 2005

                           Public Law 109-58


   AN ACT To ensure jobs for our future with secure, affordable, and 
reliable energy

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy 
Policy Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

           *       *       *       *       *       *       *


TITLE VI--NUCLEAR MATTERS

           *       *       *       *       *       *       *


Subtitle B--General Nuclear Matters

           *       *       *       *       *       *       *


Sec. 639. Conflicts of interest relating to contracts and other 
          arrangements.
Sec. 640. Long-term nuclear power purchase agreement pilot program.

           *       *       *       *       *       *       *


TITLE IX--RESEARCH AND DEVELOPMENT

           *       *       *       *       *       *       *


Subtitle A--Energy Efficiency

           *       *       *       *       *       *       *


Sec. 916. Energy Efficiency Science Initiative.
Sec. 917. Advanced Energy [Efficiency] Technology Transfer Centers.

           *       *       *       *       *       *       *


Subtitle E--Nuclear Energy

           *       *       *       *       *       *       *


Sec. 957. High-performance computation and supportive research.
Sec. 958. Enabling nuclear energy innovation.
Sec. 959. Budget plan.
Sec. 959A. Advanced nuclear reactor research and development goals.
Sec. 959B. Nuclear energy strategic plan.
Sec. 960. Advanced nuclear fuel security program.

           *       *       *       *       *       *       *


TITLE VI--NUCLEAR MATTERS

           *       *       *       *       *       *       *


Subtitle B--General Nuclear Matters

           *       *       *       *       *       *       *


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).

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TITLE IX--RESEARCH AND DEVELOPMENT

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Subtitle E--Nuclear Energy

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SEC. 955. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND 
                    FACILITIES.

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    (c) Versatile Neutron Source.--
          (1) [Mission need] Authorization.--(A) In general.--
        Not later than December 31, 2017, the Secretary shall 
        provide [determine the mission need] for a versatile 
        reactor-based fast neutron source, which shall operate 
        as a national user facility.

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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.

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.

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.

           *       *       *       *       *       *       *


                    OMNIBUS APPROPRIATIONS ACT, 2009

                            Public Law 111-8


    AN ACT Making omnibus appropriations for the fiscal year ending 
September 30, 2009, and for other purposes

           *       *       *       *       *       *       *


     DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2009

           *       *       *       *       *       *       *


TITLE III--DEPARTMENT OF ENERGY

           *       *       *       *       *       *       *


General Provisions--Department of Energy

           *       *       *       *       *       *       *


[SEC. 313. INTEGRATED UNIVERSITY PROGRAM.

    [(a) The Secretary of Energy, along with the Administrator 
of the National Nuclear Security Administration and the 
Chairman of the Nuclear Regulatory Commission, shall establish 
an Integrated University Program.
    [(b) For the purposes of carrying out this section, 
$45,000,000 is authorized to be appropriated in each of fiscal 
years 2009 to 2019 as follows:
          [(1) $15,000,000 for the Department of Energy;
        [(2) $15,000,000 for the Nuclear Regulatory Commission; 
        and
          [(3) $15,000,000 for the National Nuclear Security 
        Administration.
        [(c) Of the amounts authorized to carry out this 
        section, $10,000,000 shall be used by each organization 
        to support university research and development in areas 
        relevant to their respective organization's mission, 
        and $5,000,000 shall be used by each organization to 
        support a jointly implemented Nuclear Science and 
        Engineering Grant Program that will support multiyear 
        research projects that do not align with programmatic 
        missions but are critical to maintaining the discipline 
        of nuclear science and engineering.]

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.

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