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Bill
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Title IV — Revitalizing America's nuclear supply chain infrastructure

S. 4897 · 116th Congress · Nov 16, 2020 · Lineage

IV Revitalizing America's nuclear supply chain infrastructure

Sec. 401 Advanced nuclear fuel approval

(a)
Agency coordination—
(1)
In general— Not later than 1 year after the date of enactment of this Act, the Chairman and the Secretary shall enter into a memorandum of understanding relating to advanced nuclear fuels.
(2)
Memorandum of understanding contents— The memorandum of understanding entered into under paragraph (1) shall require the Department and the Commission to coordinate, as appropriate—
(A)
to ensure that the Department has sufficient technical expertise to support the timely research, development, demonstration, and commercial application by the civilian nuclear industry of innovative advanced nuclear fuels, including by facilitating the development and sharing of criticality benchmark data to support—
(i)
the licensing of fuel enrichment, deconversion, and fabrication facilities for—
(I)
advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and
(II)
advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and
(ii)
the certification of transportation packages for—
(I)
advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and
(II)
advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope;
(B)
to ensure that the Commission has sufficient technical expertise to support the evaluation of advanced nuclear fuels;
(C)
to identify methods to improve the use of computers and software codes to calculate the behavior and performance of advanced nuclear fuels based on mathematical models of the physical behavior of advanced nuclear fuels;
(D)
to ensure that the Department maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of innovative advanced nuclear fuels; and
(E)
to ensure that the Commission has access to the facilities described in subparagraph (D), as needed.
(b)
Reporting requirements— Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that—
(1)
identifies criticality benchmark data to assist—
(A)
the licensing of fuel enrichment, deconversion, and fabrication facilities for—
(i)
advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and
(ii)
advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and
(B)
the certification of transportation packages for—
(i)
advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and
(ii)
advanced nuclear fuels containing high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope;
(2)
identifies and describes any updates to regulations, certifications, and other regulatory policies that the Commission determines are necessary for licensing and oversight relating to high-assay, low-enriched uranium, including—
(A)
certifications relating to transportation packages for—
(i)
high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; and
(ii)
high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and
(B)
licensing of fuel enrichment, deconversion, and fabrication facilities for high-assay, low-enriched uranium, and associated physical security plans for those facilities;
(3)
identifies and describes any updates to regulations, certifications, and other regulatory policies that the Commission determines are necessary to address nuclear nonproliferation considerations that—
(A)
are within the mission of the Commission; and
(B)
are associated with—
(i)
high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or
(ii)
high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope;
(4)
identifies and describes—
(A)
any data needs, regulatory requirements, or policies identified under paragraph (1), (2), or (3) that—
(i)
differ based on whether they are related to—
(I)
high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or
(II)
high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; or
(ii)
are unique to—
(I)
high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or
(II)
high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope;
(B)
the manner in which the data needs, regulatory requirements, or policies identified under subparagraph (A)(i) differ as described in that subparagraph; and
(C)
the extent to which the data needs, regulatory requirements, or policies identified under subparagraph (A)(ii) are unique to either—
(i)
high-assay, low-enriched uranium with an assay greater than 5 weight percent, but less than 10 weight percent, of the uranium-235 isotope; or
(ii)
high-assay, low-enriched uranium with an assay greater than or equal to 10 weight percent, but less than 20 weight percent, of the uranium-235 isotope; and
(5)
includes a timeline for completing the updates described in paragraphs (2) and (3) within the existing regulatory framework.

Sec. 402 National strategic uranium reserve

(a)
Definitions— In this section:
(1)
Program— The term program means the program established under subsection (b)(1).
(2)
Uranium reserve— The term Uranium Reserve means the uranium reserve operated pursuant to the program.
(b)
Establishment—
(1)
In general— Not later than 60 days after the date of enactment of this Act, the Secretary, subject to the availability of appropriations, shall establish a program to operate a uranium reserve in accordance with this section.
(2)
Authority— In establishing the program and operating the Uranium Reserve, the Secretary shall use the authority granted to the Secretary by sections 53, 63, and 161 g. of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2093, 2201(g)).
(c)
Purposes— The purposes of the Uranium Reserve are—
(1)
to provide assurance of the availability of uranium recovered in the United States in the event of a market disruption; and
(2)
to support strategic fuel cycle capabilities in the United States.
(d)
Exclusion— The Secretary shall exclude from the Uranium Reserve uranium that is recovered in the United States by an entity that—
(1)
is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or
(2)
is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China.
(e)
Acquisition—
(1)
In general— The Secretary may acquire for the Uranium Reserve only uranium recovered from a facility described in paragraph (2), including, subject to paragraph (3), uranium ore that has been mined.
(2)
Facilities described— A facility referred to in paragraph (1) is a facility that—
(A)
(i)
is licensed by the Commission as of the date of enactment of this Act;
(ii)
is not located on Tribal land; and
(iii)
is not the subject of an enforcement action that—
(I)
was taken—
(aa)
in response to a violation of a regulation in part 40 of title 10, Code of Federal Regulations (or successor regulations); and
(bb)
during the 1-year period ending on the date on which the uranium is acquired for the Uranium Reserve; and
(II)
was characterized as “escalated enforcement”; or
(B)
(i)
as of the date of enactment of this Act, is licensed by a State that has entered into an agreement with the Commission under section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b));
(ii)
is not located on Tribal land; and
(iii)
is not the subject of an enforcement action that—
(I)
was taken—
(aa)
in response to a violation of an applicable State requirement that is compatible with the regulations of the Commission in part 40 of title 10, Code of Federal Regulations (or successor regulations); and
(bb)
during the 1-year period ending on the date on which the uranium is acquired for the Uranium Reserve; and
(II)
was subject to further administrative actions, further orders, or the equivalent of further administrative actions or orders.
(3)
Requirement—
(A)
In general— Except as provided in subparagraph (B), with respect to any uranium ore acquired by a facility described in paragraph (2) that has been mined, the Secretary may acquire for the Uranium Reserve only uranium extracted from a conventional mine that is not located on—
(i)
Tribal land;
(ii)
Federal land temporarily withdrawn from location and entry pursuant to the record of decision described in the notice of availability entitled “Notice of Availability of Record of Decision for the Northern Arizona Proposed Withdrawal” (77 Fed. Reg. 2317 (January 17, 2012)); or
(iii)
Federal land that, as of October 1, 2020, is permanently withdrawn from location and entry under sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.).
(B)
Removal and remedial actions— The Secretary may acquire for the Uranium Reserve uranium recovered from material obtained as a result of removal or remedial actions carried out on abandoned mine land located on Tribal land.
(f)
Request for information— Not later than 90 days after the date of enactment of this Act, the Secretary shall publish a request for information to help the Secretary evaluate—
(1)
options for the operation and management of the Uranium Reserve;
(2)
contractual mechanisms pursuant to which the Secretary could acquire uranium; and
(3)
the quantities, form, transportation, and storage of uranium in the Uranium Reserve.
(g)
Budget request— For each fiscal year beginning after the date of enactment of this Act, the Secretary shall include in the budget justification submitted to Congress pursuant to section 1105 of title 31, United States Code—
(1)
a request for amounts for the acquisition, transportation, and storage of uranium in the Uranium Reserve; or
(2)
an explanation of why amounts are not requested for the acquisition, transportation, or storage of uranium in the Uranium Reserve.

Sec. 403 Report on advanced methods of manufacturing and construction for nuclear energy applications

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