S.Amdt. 2012

SA 2012. Ms. MURKOWSKI (for herself, Mr. Booker, Mr. Tillis, Mr.
Manchin, Mr. Jones, Ms. McSally, Mrs. Blackburn, Mrs. Hyde-Smith, Mr.
Risch, Mr. Crapo, Mr. Whitehouse, Mr. Coons, Mr. Portman, Mr. Cramer,
Mr. Cardin, and Ms. Duckworth) submitted an amendment intended to be
proposed by her to the bill S. 4049, to authorize appropriations for
fiscal year 2021 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

TITLE ____--NUCLEAR ENERGY LEADERSHIP

SEC. __01. 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 an advanced nuclear reactor operated in any
manner, including as part of the power generation facilities
of an electric utility system, for the purpose of
demonstrating the suitability for commercial application of
the advanced nuclear reactor.
``(b) Purpose.--The purpose of this section is to direct
the Secretary, as soon as practicable after the date of
enactment of this section, to advance the research and
development of domestic advanced, affordable, and clean
nuclear energy by--
``(1) demonstrating different advanced nuclear reactor
technologies that could be used by the private sector to
produce--
``(A) emission-free power at a levelized cost of
electricity of $60 per megawatt-hour or less;
``(B) heat for community heating, industrial purposes, or
synthetic fuel production;
``(C) remote or off-grid energy supply; or
``(D) backup or mission-critical power supplies;
``(2) developing 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
complete 1 additional operational demonstration project 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

[[Page S3476]]

``(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
receives no financial assistance from the Department for
construction costs;
``(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 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
sections 952 and 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; 132
Stat. 3160) is amended--
(1) in the item relating to section 917, by striking
``Efficiency'';
(2) in the items relating to each of sections 957, 958, and
959 by inserting ``Sec.'' before the item number; and
(3) by inserting after the item relating to section 959 the
following:

``Sec. 959A. Advanced nuclear reactor research and development
goals.''.

SEC. __02. 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 __01(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; 132
Stat. 3160) (as amended by [section __01(b)(3)]) is amended
by inserting after the item relating to section 959A the
following:

``Sec. 959B. Nuclear energy strategic plan.''.

SEC. __03. 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. __04. ADVANCED NUCLEAR FUEL SECURITY PROGRAM.

(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 __02(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.

[[Page S3477]]

``(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
high-assay, low-enriched uranium that is the subject of the
lease shall remain the property of the Department, including
with respect to responsibility for the storage, use, or final
disposition of all radioactive waste created by the
irradiation, processing, or purification of any leased high-
assay, low-enriched 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) Limitations.--
``(A) Final disposition of radioactive waste.--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.
``(B) National security needs.--The Secretary shall only
make available from Department stockpiles under this
subsection high-assay, low-enriched uranium that is not
needed for national security.
``(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 955(c)(1);
``(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 financial assistance, 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.''.
(b) Clerical Amendment.--The table of contents of the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594;
132 Stat. 3160) (as amended by [section __02(b)]) is amended
by inserting after the item relating to section 959B the
following:

``Sec. 960. Advanced nuclear fuel security program.''.

SEC. __05. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.

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, with
an emphasis on 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

[[Page S3478]]

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 engineering.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the Program for
fiscal year 2021 and each fiscal year thereafter--
``(1) $30,000,000 to the Secretary of Energy; and
``(2) $15,000,000 to the Nuclear Regulatory Commission.''.

SEC. __06. ADJUSTING STRATEGIC PETROLEUM RESERVE MANDATED
DRAWDOWNS.

(a) Bipartisan Budget Act of 2015.--Section 403(a) of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241 note; Public
Law 114-74) is amended--
(1) by striking paragraph (6);
(2) by redesignating paragraphs (7) and (8) as paragraphs
(6) and (7), respectively; and
(3) in paragraph (7) (as so redesignated), by striking
``10,000,000'' and inserting ``20,000,000''.
(b) Fixing America's Surface Transportation Act.--Section
32204(a)(1) of the FAST Act (42 U.S.C. 6241 note; Public Law
114-94) is amended--
(1) in subparagraph (B)--
(A) by striking ``16,000,000'' and inserting
``11,000,000''; and
(B) by striking ``2023'' and inserting ``2022''; and
(2) in subparagraph (C), by striking ``25,000,000'' and
inserting ``30,000,000''.
(c) America's Water Infrastructure Act of 2018.--Section
3009(a)(1) of America's Water Infrastructure Act of 2018 (42
U.S.C. 6241 note; Public Law 115-270) is amended by striking
``2028'' and inserting ``2030.''
(d) Bipartisan Budget Act of 2018.--Section 30204(a)(1) of
the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note;
Public Law 115-123) is amended by striking subparagraphs (A)
through (C) and inserting the following:
``(A) 7,500,000 barrels of crude oil during fiscal year
2022;
``(B) 7,500,000 barrels of crude oil during fiscal year
2024;
``(C) 15,000,000 barrels of crude oil during fiscal year
2025;
``(D) 30,000,000 barrels of crude oil during fiscal year
2029; and
``(E) 40,000,000 barrels of crude oil during fiscal year
2030.''.
(e) Reconciliation on the Budget for 2018.--Section
20003(a)(1) of Public Law 115-97 (42 U.S.C. 6241 note) is
amended by striking ``the period of fiscal years 2026 through
2027'' and inserting ``fiscal year 2030''.
______