Sec. 235. Report on and limitation on expenditure of funds for micro nuclear reactor programs
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The Secretary of Defense shall submit to the appropriate congressional committees a report on the micro nuclear reactor programs of the Department of Defense. The report required by subsection
(a)shall include the following: Potential operational uses on United States and non-United States territory, including both mobile and fixed systems. Cost and schedule estimates for each new or ongoing program to reach initial operational capability, including the timeline for transition of any program currently funded using defense-wide funds to one or more military services and the identified transition partner in such military services. In consultation with the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense programs, an assessment of physical security requirements for use of such reactors on domestic military installations and non-United States nondomestic installations or locations, including fully permissive, semi-permissive, and remote environments, including a preliminary design basis threat analysis. In coordination with the Secretary of State— an assessment of any agreements or changes to agreements that would be required for use of such reactors on non-United States territory; an assessment of applicability of foreign regulations or International Atomic Energy Agency safeguards for use on non-United States territory; and other policy implications of deployment of such systems on non-United States territory. In coordination with the Chairman of the Nuclear Regulatory Commission, a summary of licensing requirements for operation of such systems on United States territory. A summary of requirements pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for development and operation on United States territory. In consultation with the General Counsel of the Department of Defense, an assessment of any issues relating to indemnification for operation on United States or non-United States territory and any other relevant legal matters. In coordination with the Secretary of State and the Secretary of Energy, a determination of whether development, production, and deployment of such systems would require unobligated enriched uranium fuel. If the determination in paragraph
(8)is that unobligated fuel would be required, in coordination with the Administrator for Nuclear Security, an assessment of the availability of such unobligated enriched uranium fuel, by year, for the estimated life of the program, considered with other United States Government demands for such fuel, including tritium production, naval nuclear propulsion, and medical isotope production. Any other considerations the Secretary determines relevant. In addition to consultation and coordination required under subsection (b), the Secretary shall, in producing the report required by subsection (a), consult with the Secretary of the Army, the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Policy, the Director of Naval Nuclear Propulsion, and such other officials as the Secretary considers necessary. The report submitted under subsection
(a)shall be submitted in unclassified form, but may include a classified annex. Not more than 20 percent of the amounts authorized to be appropriated by this Act for fiscal year 2021 for Department of Defense micro nuclear reactor programs shall be obligated or expended until the Secretary submits the report required by subsection
(a)to the appropriate congressional committees. Nothing in this provision shall be construed to limit or otherwise apply to the Naval Nuclear Propulsion program as established by Executive Order No. 12344, dated February 1, 1982 ( 42 U.S.C. 7158 note). In this section: The term appropriate congressional committees means— the Committee on Armed Services, the Committee on Appropriations, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Foreign Affairs of the House of Representatives. The term micro nuclear reactor means a nuclear reactor with a production capacity of less than 20 megawatts.
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Sec. 235
Report on and limitation on expenditure of funds for micro nuclear reactor programs
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