Atomic Energy Advancement Act
This bill establishes various requirements to accelerate the deployment of nuclear energy technologies, such as advanced nuclear reactors.
Specifically, the bill sets forth requirements that direct the Nuclear Regulatory Commission (NRC) to efficiently license and regulate nuclear energy activities. The bill also revises the NRC's hiring process to enable the NRC to respond to a severe shortage of candidates or a critical hiring need by using direct hiring for certain positions to carry out NRC's responsibilities and activities in a timely, efficient, and effective manner.
It also reduces certain licensing fees charged by the NRC for advanced nuclear reactors. Further, it authorizes the Department of Energy (DOE) to make awards that pay for certain licensing fees.
Additionally, the bill directs the NRC to promulgate a final rule that implements a process to facilitate efficient and timely environmental reviews of nuclear reactor applications.
The NRC must also develop and implement strategies to enable efficient and timely licensing reviews for, and to support the oversight of, nuclear facilities at brownfield sites, including sites with retired fossil fuel facilities.
Next, the bill sets forth requirements for expediting certain licensing decisions for new nuclear reactors that will use a previously licensed design and will be on or adjacent to a site on which a nuclear reactor already operates or previously operated.
It also authorizes DOE to establish a pilot program under which DOE may make certain long-term power purchase agreements for power generated by commercial nuclear reactors.
Finally, the bill establishes requirements concerning international nuclear energy cooperation and safety.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6544 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6544
To advance the benefits of nuclear energy by enabling efficient,
timely, and predictable licensing, regulation, and deployment of
nuclear energy technologies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2023
Mr. Duncan (for himself and Ms. DeGette) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Science, Space, and Technology, and
Foreign Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To advance the benefits of nuclear energy by enabling efficient,
timely, and predictable licensing, regulation, and deployment of
nuclear energy technologies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Atomic Energy
Advancement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NUCLEAR REGULATORY COMMISSION
Subtitle A--Efficiency, Performance, and Preparation for the Future
Sec. 101. NRC mission alignment.
Sec. 102. Nuclear licensing efficiency.
Sec. 103. Strengthening the NRC workforce.
Subtitle B--Fee Reduction
Sec. 111. Advanced reactor fee reduction.
Sec. 112. Advanced nuclear reactor prize.
Subtitle C--Siting, Licensing, and Oversight Reviews
Sec. 121. Modernization of nuclear reactor environmental reviews.
Sec. 122. Nuclear for Brownfield sites.
Sec. 123. Advancement of nuclear regulatory oversight.
TITLE II--NUCLEAR TECHNOLOGY DEPLOYMENT
Sec. 201. Advanced nuclear deployment.
Sec. 202. Global nuclear cooperation.
Sec. 203. American nuclear competitiveness.
TITLE I--NUCLEAR REGULATORY COMMISSION
Subtitle A--Efficiency, Performance, and Preparation for the Future
SEC. 101. NRC MISSION ALIGNMENT.
(a) Mission of the Commission.--
(1) Update.--Not later than 1 year after the date of
enactment of this Act, the Nuclear Regulatory Commission shall,
while remaining consistent with the policies of the Atomic
Energy Act of 1954 (including to provide reasonable assurance
of adequate protection of the public health and safety, to
promote the common defense and security, and to protect the
environment), update the mission statement of the Commission to
include that licensing and regulation of nuclear energy
activities be conducted in a manner that is efficient and does
not unnecessarily limit--
(A) the potential of nuclear energy to improve the
general welfare; and
(B) the benefits of nuclear energy technology to
society.
(2) Report.--Upon completion of the update to the mission
statement required under paragraph (1), the Nuclear Regulatory
Commission shall submit to Congress a report that describes--
(A) the updated mission statement; and
(B) the guidance that the Nuclear Regulatory
Commission will provide to staff of the Nuclear
Regulatory Commission to ensure effective performance
of such mission.
(b) Office of Nuclear Reactor Regulation.--Section 203 of the
Energy Reorganization Act of 1974 (42 U.S.C. 5843) is amended--
(1) in subsection (a), by striking ``(a) There'' and
inserting the following:
``(a) Establishment; Appointment of Director.--There'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``(b) Subject'' and
inserting the following:
``(b) Functions of Director.--Subject''; and
(ii) by striking ``delegate including:''
and inserting ``delegate, including the
following:''; and
(B) in paragraph (3), by striking ``for the
discharge of the'' and inserting ``to fulfill the
licensing and regulatory oversight'';
(3) in subsection (c), by striking ``(c) Nothing'' and
inserting the following:
``(d) Responsibility for Safe Operation of Facilities.--Nothing'';
and
(4) by inserting after subsection (b) the following:
``(c) Licensing Process.--In carrying out the principal licensing
and regulation functions under subsection (b)(1), the Director of
Nuclear Reactor Regulation shall--
``(1) establish techniques and guidance for evaluating
applications for licenses for nuclear reactors to support
efficient, timely, and predictable reviews of applications for
such licenses to enable the safe and secure use of nuclear
reactors;
``(2) maintain the techniques and guidance established
under paragraph (1) by periodically assessing and, if
necessary, modifying such techniques and guidance; and
``(3) obtain approval from the Commission if establishment
or modification of the techniques and guidance established
under paragraph (1) or (2) involves policy formulation.''.
SEC. 102. NUCLEAR LICENSING EFFICIENCY.
(a) Efficient Licensing Reviews.--
(1) General.--Section 181 of the Atomic Energy Act of 1954
(42 U.S.C. 2231) is amended--
(A) by striking ``The provisions of'' and inserting
the following:
``(a) The provisions of''; and
(B) by adding at the end the following:
``(b) Consistent with the declaration in section 1, the Commission
shall provide for efficient, timely, and predictable reviews and
proceedings for the granting, suspending, revoking, or amending of any
license or construction permit, or application to transfer control, and
in any proceeding for the issuance or modification of rules and
regulations dealing with the activities of licenses.''.
(2) Construction permits and operating licenses.--Section
185 of the Atomic Energy Act of 1954 (42 U.S.C. 2235) is
amended by adding at the end the following:
``c. Application Reviews for Production and Utilization Facilities
of an Existing Site.--In reviewing an application for an early site
permit, construction permit, operating license, or combined
construction permit and operating license for a production facility or
utilization facility located at the site of a production facility or
utilization facility licensed by the Commission, the Commission shall,
to the extent practicable, use information that was part of the
licensing basis of the licensed production facility or utilization
facility.''.
(b) Performance Metrics and Milestones.--Section 102(c) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(c)) is
amended--
(1) in paragraph (3)--
(A) in the paragraph heading, by striking ``180''
and inserting ``90''; and
(B) by striking ``180'' and inserting ``90''; and
(2) by adding at the end the following:
``(4) Periodic updates to metrics and schedules.--
``(A) Review and assessment.--Not less frequently
than once every 3 years, the Commission shall review
and assess, based on the licensing and regulatory
activities of the Commission, the performance metrics
and milestone schedules developed under paragraph (1).
``(B) Revisions.--After each review and assessment
under subparagraph (A), the Commission shall revise, as
appropriate, the performance metrics and milestone
schedules developed under paragraph (1) to provide the
most efficient performance metrics and milestone
schedules reasonably achievable.''.
(c) Clarification on Fusion Regulation.--Section 103(a)(4) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2133 note;
Public Law 115-439) is amended--
(1) by striking ``Not later'' and inserting the following:
``(A) In general.--Not later''; and
(2) by adding at the end the following:
``(B) Exclusion of fusion reactors.--
Notwithstanding section 3(1), for purposes of
subparagraph (A), the term `advanced nuclear reactor
applicant' does not include an applicant for a license
for a nuclear fusion reactor.''.
(d) Technical Correction.--Section 104 c. of the Atomic Energy Act
of 1954 (42 U.S.C. 2134(c)) is amended--
(1) by striking the third sentence and inserting the
following:
``(3) Limitation on utilization facilities.--The Commission
may issue a license under this section for a utilization
facility useful in the conduct of research and development
activities of the types specified in section 31 if--
``(A) not more than 75 percent of the annual costs
to the licensee of owning and operating the facility
are devoted to the sale, other than for research and
development or education and training, of--
``(i) nonenergy services;
``(ii) energy; or
``(iii) a combination of nonenergy services
and energy; and
``(B) not more than 50 percent of the annual costs
to the licensee of owning and operating the facility
are devoted to the sale of energy.'';
(2) in the second sentence, by striking ``The Commission''
and inserting the following:
``(2) Regulation.--The Commission''; and
(3) by striking ``c. The Commission'' and inserting the
following:
``c. Research and Development Activities.
``(1) In general.--Subject to paragraphs (2) and (3), the
Commission''.
SEC. 103. STRENGTHENING THE NRC WORKFORCE.
(a) Commission Workforce.--
(1) General authority.--The Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) is amended by inserting after section 161A
the following:
``SEC. 161B. COMMISSION WORKFORCE.
``(a) Direct Hire Authority.--
``(1) In general.--Notwithstanding section 161 d. of this
Act and section 2(b) of Reorganization Plan No. 1 of 1980 (94
Stat. 3585; 5 U.S.C. app.), and without regard to any provision
of title 5 (except sections 3303 and 3328), United States Code,
governing appointments in the civil service, if the Chairman of
the Nuclear Regulatory Commission (in this section referred to
as the `Chairman') issues or renews a certification that there
is a severe shortage of candidates or a critical hiring need
for covered positions to carry out the Nuclear Regulatory
Commission's (in this section referred to as the `Commission')
responsibilities and activities in a timely, efficient, and
effective manner, the Chairman may, during any period when such
a certification is in effect--
``(A) recruit and directly appoint highly qualified
individuals into the excepted service for covered
positions; and
``(B) establish in the excepted service term-
limited covered positions and recruit and directly
appoint highly qualified individuals into such term-
limited covered positions, which may not exceed a term
of 4 years.
``(2) Limitations.--
``(A) Merit principles.--To the maximum extent
practicable, any action authorized pursuant to
paragraph (1) shall be consistent with the merit
principles of section 2301 of title 5, United States
Code.
``(B) Number.--The number of highly qualified
individuals serving in--
``(i) covered positions pursuant to
paragraph (1)(A) may not exceed 210 at any one
time; and
``(ii) term-limited covered positions
pursuant to paragraph (1)(B) may not exceed 80
at any one time.
``(C) Compensation.--The Chairman may not use
authority under paragraph (1)(A) or paragraph (1)(B) to
compensate individuals recruited and directly appointed
into a covered position or a term-limited covered
position at an annual rate of basic pay higher than the
annual salary payable for level III of the Executive
Schedule under section 5314 of title 5, United States
Code.
``(D) Senior executive service position.--The
Chairman may not, under paragraph (1)(A) or paragraph
(1)(B), appoint highly qualified individuals to any
Senior Executive Service position, as defined in
section 3132 of title 5, United States Code.
``(3) Renewal.--The Chairman may renew a certification
issued or renewed under this subsection if the Chairman
determines there is still a severe shortage of candidates or a
critical hiring need for covered positions to carry out the
Commission's responsibilities and activities in a timely,
efficient, and effective manner.
``(4) Termination.--A certification issued or renewed under
this subsection shall terminate on the earlier of--
``(A) the date that is 10 years after the
certification is renewed or issued; or
``(B) the date on which the Chairman determines
there is no longer a severe shortage of candidates or a
critical hiring need for covered positions to carry out
the Commission's responsibilities and activities in a
timely, efficient, and effective manner.
``(5) Level of positions.--To the extent practicable, in
carrying out paragraph (1) the Chairman shall recruit and
directly appoint highly qualified individuals into the excepted
service to entry, mid, and senior level covered positions,
including term-limited covered positions.
``(b) Addressing Insufficient Compensation of Employees and Other
Personnel of the Commission.--
``(1) In general.--Notwithstanding any other provision of
law, if the Chairman issues or renews a certification that
compensation for employees or other personnel of the Commission
serving in a covered position is insufficient to retain or
attract such employees and other personnel to allow the
Commission to carry out the responsibilities and activities of
the Commission in a timely, efficient, and effective manner,
the Chairman may, during any period when such a certification
is in effect, fix the compensation for such employees or other
personnel serving in a covered position without regard to any
provision of title 5, United States Code, governing General
Schedule classification and pay rates.
``(2) Certification requirements.--A certification issued
or renewed under this subsection shall--
``(A) apply to employees or other personnel who
serve in covered positions;
``(B) terminate on the earlier of--
``(i) the date that is 10 years after the
certification is issued or renewed; or
``(ii) the date on which the Chairman
determines that the use of the authority of the
Chairman under this subsection to fix
compensation for employees or other personnel
serving in a covered position is no longer
necessary to retain or attract such employees
and other personnel to allow the Commission to
carry out the Commission's responsibilities and
activities in a timely, efficient, and
effective manner; and
``(C) be no broader than necessary to achieve the
objective of retaining or attracting employees and
other personnel serving in a covered position to allow
the Commission to carry out the Commission's
responsibilities and activities in a timely, efficient,
and effective manner.
``(3) Renewal.--The Chairman may renew a certification
issued or renewed under this subsection if the Chairman
determines that use of the authority of the Chairman under this
subsection to fix compensation for employees or other personnel
serving in a covered position is still necessary to retain or
attract such employees or other personnel to allow the
Commission to carry out the Commission's responsibilities and
activities in a timely, efficient, and effective manner.
``(4) Applicability.--The authority under this subsection
to fix the compensation of employees or other personnel during
any period when a certification issued or renewed under
paragraph (1) is in effect shall apply with respect to an
employee or other personnel serving in a covered position
regardless of when the employee or other personnel was hired.
``(5) Retention of level of fixed compensation.--The
termination of a certification issued or renewed under
paragraph (1) shall not affect the compensation of an employee
or other personnel serving in a covered position whose
compensation was fixed by the Chairman in accordance with
paragraph (1).
``(6) Limitation on compensation.--The Chairman may not use
the authority under paragraph (1) to fix the compensation of
employees or other personnel at an annual rate of basic pay
higher than the annual salary payable for level III of the
Executive Schedule under section 5314 of title 5, United States
Code.
``(7) Experts and consultants.--
``(A) In general.--Subject to subparagraph (B), the
Chairman may--
``(i) obtain the services of experts and
consultants in accordance with section 3109 of
title 5, United States Code;
``(ii) compensate those experts and
consultants for each day (including travel
time) at rates not in excess of the rate of pay
for level IV of the Executive Schedule under
section 5315 of that title; and
``(iii) pay to the experts and consultants
serving away from the homes or regular places
of business of the experts and consultants
travel expenses and per diem in lieu of
subsistence at rates authorized by sections
5702 and 5703 of that title for persons in
Government service employed intermittently.
``(B) Limitations.--The Chairman shall--
``(i) to the maximum extent practicable,
limit the use of experts and consultants
pursuant to subparagraph (A); and
``(ii) ensure that the employment contract
of each expert and consultant employed pursuant
to subparagraph (A) is subject to renewal not
less frequently than annually.
``(c) Additional Compensation Authority.--
``(1) For new employees.--The Chairman may pay a person
recruited and directly appointed under subsection (a) a 1-time
hiring bonus in an amount not to exceed $25,000.
``(2) For existing employees.--
``(A) In general.--Subject to subparagraph (B), an
employee or other personnel who the Chairman determines
exhibited exceptional performance in a fiscal year may
be paid a performance bonus in an amount not to exceed
the least of--
``(i) $25,000; and
``(ii) the amount of the limitation that is
applicable for a calendar year under section
5307(a)(1) of title 5, United States Code.
``(B) Limitations.--
``(i) Subsequent bonuses.--Any person who
receives a performance bonus under subparagraph
(A) may not receive another performance bonus
under that subparagraph for a period of 5 years
thereafter.
``(ii) Hiring bonuses.--Any person who
receives a 1-time hiring bonus under paragraph
(1) may not receive a performance bonus under
subparagraph (A) unless more than one year has
elapsed since the payment of such 1-time hiring
bonus.
``(d) Implementation Plan and Report.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Chairman shall develop and
implement a plan to carry out this section. Before implementing
such plan, the Chairman shall submit to the Committee on Energy
and Commerce of the House of Representatives, the Committee on
Environment and Public Works of the Senate, and the Office of
Personnel Management a report on the details of the plan.
``(2) Report content.--The report submitted under paragraph
(1) shall include--
``(A) evidence and supporting documentation
justifying the plan; and
``(B) budgeting projections on costs and benefits
resulting from the plan.
``(3) Consultation.--The Chairman may consult with the
Office of Personnel Management, the Office of Management and
Budget, and the Comptroller General of the United States in
developing the plan under paragraph (1).
``(e) Delegation.--The Chairman shall delegate, subject to the
direction and supervision of the Chairman, the authority provided by
subsections (a), (b), and (c) to the Executive Director for Operations
of the Commission.
``(f) Information on Hiring, Vacancies, and Compensation.--
``(1) In general.--The Commission shall include in its
budget materials submitted in support of the budget of the
President (submitted to Congress pursuant to section 1105 of
title 31, United States Code), for each fiscal year beginning
after the date of enactment of this section, information
relating to hiring, vacancies, and compensation at the
Commission.
``(2) Inclusions.--The information described in paragraph
(1) shall include--
``(A) an analysis of any trends with respect to
hiring, vacancies, and compensation at the Commission;
``(B) a description of the efforts to retain and
attract employees or other personnel to serve in
covered positions at the Commission;
``(C) information that describes--
``(i) if a certification under subsection
(a) was in effect at any point in the previous
year, how the authority provided by that
subsection is being used to address the hiring
needs of the Commission;
``(ii) the total number of highly qualified
individuals serving in--
``(I) covered positions pursuant to
subsection (a)(1)(A); and
``(II) term-limited covered
positions pursuant to subsection
(a)(1)(B);
``(iii) if a certification under subsection
(b) was in effect at any point in the previous
year, how the authority provided by that
subsection is being used to address the hiring
or retention needs of the Commission;
``(iv) the total number of employees or
other personnel serving in a covered position
that have their compensation fixed pursuant to
subsection (b);
``(v) if a certification under subsection
(a) or (b) was terminated or was not in effect
at any point in the previous year, why such a
certification was terminated or was not in
effect;
``(vi) the attrition levels with respect to
term-limited covered positions appointed under
subsection (a)(1)(B), including the number of
individuals leaving a term-limited covered
position before completion of the applicable
term of service and the average length of
service for such individuals as a percentage of
the applicable term of service; and
``(vii) the number of experts and
consultants retained under subsection (b)(7);
and
``(D) an assessment of--
``(i) the current critical workforce needs
of the Commission and any critical workforce
needs that the Commission anticipates in the
next five years; and
``(ii) additional skillsets that are or
likely will be needed for the Commission to
fulfill the licensing and oversight
responsibilities of the Commission.
``(g) Covered Position.--In this section, the term `covered
position' means a position in which an employee or other personnel is
responsible for conducting work of a scientific, technical,
engineering, mathematical, legal, managerial, or otherwise highly
specialized or skilled nature.''.
(2) Table of contents.--The table of contents of the Atomic
Energy Act of 1954 is amended by inserting after the item
relating to section 161 the following:
``Sec. 161A. Use of firearms by security personnel.
``Sec. 161B. Commission workforce.''.
(b) Government Accountability Office Report.--Not later than
September 30, 2032, the Comptroller General of the United States shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report that--
(1) evaluates the extent to which the authorities provided
under subsections (a), (b), and (c) of section 161B of the
Atomic Energy Act of 1954 (as added by this Act) have been
utilized;
(2) describes the role in which the highly qualified
individuals recruited and directly appointed pursuant to
section 161B(a) of the Atomic Energy Act of 1954 (as added by
this Act) have been utilized to support the licensing of
advanced nuclear reactors;
(3) assesses the effectiveness of the authorities provided
under subsections (a), (b), and (c) of section 161B of the
Atomic Energy Act of 1954 (as added by this Act) in helping the
Nuclear Regulatory Commission fulfill its mission;
(4) makes recommendations to improve the Nuclear Regulatory
Commission's strategic workforce management; and
(5) makes recommendations with respect to whether Congress
should enhance, modify, or discontinue the authorities provided
under subsections (a), (b), and (c) of section 161B of the
Atomic Energy Act of 1954 (as added by this Act).
(c) Annual Solicitation for Nuclear Regulator Apprenticeship
Network Applications.--The Nuclear Regulatory Commission, on an annual
basis, shall solicit applications for the Nuclear Regulator
Apprenticeship Network.
Subtitle B--Fee Reduction
SEC. 111. ADVANCED REACTOR FEE REDUCTION.
(a) Definitions.--Section 3 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) is
amended--
(1) by redesignating paragraphs (2) through (15) as
paragraphs (3), (6), (7), (8), (9), (10), (11), (14), (15),
(16), (17), (18), (19), and (20), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Advanced nuclear reactor applicant.--The term
`advanced nuclear reactor applicant' means an entity that has
submitted to the Commission an application for a license for an
advanced nuclear reactor under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).'';
(3) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Advanced nuclear reactor preapplicant.--The term
`advanced nuclear reactor preapplicant' means an entity that
has submitted to the Commission a licensing project plan for
the purposes of submitting a future application for a license
for an advanced nuclear reactor under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.).
``(5) Agency support.--The term `agency support' has the
meaning given the term `agency support (corporate support and
the IG)' in section 170.3 of title 10, Code of Federal
Regulations (or any successor regulation).''; and
(4) by inserting after paragraph (11) (as so redesignated)
the following:
``(12) Mission-direct program salaries and benefits.--The
term `mission-direct program salaries and benefits' has the
meaning given such term in section 170.3 of title 10, Code of
Federal Regulations (or any successor regulation).
``(13) Mission-indirect program support.--The term
`mission-indirect program support' has the meaning given such
term in section 170.3 of title 10, Code of Federal Regulations
(or any successor regulation).''.
(b) Excluded Activities.--Section 102(b)(1)(B) of the Nuclear
Energy Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) is
amended by adding at the end the following:
``(iv) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(B)(ii), may not be included in
the professional hourly rate charged for fees
assessed and collected from advanced nuclear
reactor applicants.
``(v) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(C)(ii), may not be included in
the professional hourly rate charged for fees
assessed and collected from advanced nuclear
reactor preapplicants.''.
(c) Fees for Service or Thing of Value.--Section 102(b) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)) is
amended by striking paragraph (2) and inserting the following:
``(2) Fees for service or thing of value.--
``(A) In general.--In accordance with section 9701
of title 31, United States Code, the Commission shall
assess and collect fees from any person who receives a
service or thing of value from the Commission to cover
the costs to the Commission of providing the service or
thing of value.
``(B) Advanced nuclear reactor applicants.--The
professional hourly rate charged for fees assessed and
collected from an advanced nuclear reactor applicant
under this paragraph relating to the review of a
submitted application for an advanced nuclear reactor
may not--
``(i) exceed the professional hourly rate
for mission-direct program salaries and
benefits of the Nuclear Reactor Safety Program;
and
``(ii) include the costs of mission-
indirect program support and agency support.
``(C) Advanced nuclear reactor preapplicants.--The
professional hourly rate charged for fees assessed and
collected from an advanced nuclear reactor preapplicant
under this paragraph relating to the review of
submitted materials as described in the licensing
project plan of such advanced nuclear reactor
preapplicant may not--
``(i) exceed the professional hourly rate
for mission-direct program salaries and
benefits of the Nuclear Reactor Safety Program;
and
``(ii) include the costs of mission-
indirect program support and agency support.
``(D) Calculation of hourly rate.--In this
paragraph, the professional hourly rate for mission-
direct program salaries and benefits of the Nuclear
Reactor Safety Program equals the quotient obtained by
dividing--
``(i) the full-time equivalent rate (within
the meaning of the document of the Commission
entitled `FY 2023 Final Fee Rule Work Papers'
(or a successor document)) for mission-direct
program salaries and benefits of the Nuclear
Reactor Safety Program (as determined by the
Commission) for a fiscal year; by
``(ii) the productive hours assumption for
that fiscal year, determined in accordance with
the formula established in the document
referred to in clause (i) (or a successor
document).''.
(d) Sunset.--Section 102(f) of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215(f)) is amended to read as follows:
``(f) Cessation of Effectiveness.--Paragraphs (1)(B)(v) and (2)(C)
of subsection (b) shall cease to be effective on September 30, 2029.''.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 2024.
SEC. 112. ADVANCED NUCLEAR REACTOR PRIZE.
Section 103 of the Nuclear Energy Innovation and Modernization Act
(Public Law 115-439; 132 Stat. 5571) is amended by adding at the end
the following:
``(f) Prizes for Advanced Nuclear Reactor Licensing.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) a non-Federal entity; and
``(B) the Tennessee Valley Authority.
``(2) Prize for advanced nuclear reactor licensing.--
``(A) In general.--Notwithstanding section 169 of
the Atomic Energy Act of 1954 (42 U.S.C. 2209) and
subject to the availability of appropriations, the
Secretary is authorized to make, with respect to each
award category described in subparagraph (C), an award
in an amount described in subparagraph (B) to the first
eligible entity--
``(i) to which the Commission issues an
operating license for an advanced nuclear
reactor under part 50 of title 10, Code of
Federal Regulations (or successor regulations),
for which an application has not been approved
by the Commission as of the date of enactment
of this subsection; or
``(ii) for which the Commission makes a
finding described in section 52.103(g) of title
10, Code of Federal Regulations (or successor
regulations), with respect to a combined
license for an advanced nuclear reactor--
``(I) that is issued under subpart
C of part 52 of that title (or
successor regulations); and
``(II) for which an application has
not been approved by the Commission as
of the date of enactment of this
subsection.
``(B) Amount of award.--Subject to paragraph (3),
an award under subparagraph (A) shall be in an amount
equal to the total amount assessed by the Commission
and collected under section 102(b)(2) from the eligible
entity receiving the award for costs relating to the
issuance of the license described in that subparagraph,
including, as applicable, costs relating to the
issuance of an associated construction permit described
in section 50.23 of title 10, Code of Federal
Regulations (or successor regulations), or early site
permit (as defined in section 52.1 of that title (or
successor regulations)).
``(C) Award categories.--An award under
subparagraph (A) may be made for--
``(i) the first advanced nuclear reactor
for which the Commission--
``(I) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(II) makes a finding in
accordance with clause (ii) of that
subparagraph;
``(ii) an advanced nuclear reactor that--
``(I) uses isotopes derived from
spent nuclear fuel (as defined in
section 2 of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101)) or
depleted uranium as fuel for the
advanced nuclear reactor; and
``(II) is the first advanced
nuclear reactor described in subclause
(I) for which the Commission--
``(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in
accordance with clause (ii) of
that subparagraph;
``(iii) an advanced nuclear reactor that--
``(I) is a nuclear integrated
energy system--
``(aa) that is composed of
2 or more co-located or jointly
operated subsystems of energy
generation, energy storage, or
other technologies;
``(bb) in which not fewer
than 1 subsystem described in
item (aa) is a nuclear energy
system; and
``(cc) the purpose of which
is--
``(AA) to reduce
greenhouse gas
emissions in both the
power and nonpower
sectors; and
``(BB) to maximize
energy production and
efficiency; and
``(II) is the first advanced
nuclear reactor described in subclause
(I) for which the Commission--
``(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in
accordance with clause (ii) of
that subparagraph;
``(iv) an advanced reactor that--
``(I) operates flexibly to generate
electricity or high temperature process
heat for nonelectric applications; and
``(II) is the first advanced
nuclear reactor described in subclause
(I) for which the Commission--
``(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in
accordance with clause (ii) of
that subparagraph; and
``(v) the first advanced nuclear reactor
for which the Commission grants approval to
load nuclear fuel pursuant to the technology-
inclusive regulatory framework established
under subsection (a)(4).
``(3) Federal funding limitation.--
``(A) Exclusion of tva funds.--In this paragraph,
the term `Federal funds' does not include funds
received under the power program of the Tennessee
Valley Authority established pursuant to the Tennessee
Valley Authority Act of 1933 (16 U.S.C. 831 et seq.).
``(B) Limitation on amounts expended.--An award
under this subsection shall not exceed the total amount
expended (excluding any expenditures made with Federal
funds received for the applicable project and an amount
equal to the minimum cost-share required under section
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352))
by the eligible entity receiving the award for
licensing costs relating to the project for which the
award is made.
``(C) Repayments and dividends not required.--
Notwithstanding section 9104(a)(4) of title 31, United
States Code, or any other provision of law, an eligible
entity that received an award under this subsection
shall not be required--
``(i) to repay that award or any part of
that award; or
``(ii) to pay a dividend, interest, or
other similar payment based on the sum of that
award.''.
Subtitle C--Siting, Licensing, and Oversight Reviews
SEC. 121. MODERNIZATION OF NUCLEAR REACTOR ENVIRONMENTAL REVIEWS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Nuclear Regulatory Commission (in this section
referred to as the ``Commission'') shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the efforts of
the Commission to facilitate efficient, timely, and predictable
environmental reviews of nuclear reactor applications, including
through expanded use of categorical exclusions, environmental
assessments, and generic environmental impact statements.
(b) Report.--In completing the report under subsection (a), the
Commission shall--
(1) describe the actions the Commission will take to
implement the amendments to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the
Fiscal Responsibility Act of 2023;
(2) consider--
(A) using through adoption, incorporation by
reference, or other appropriate means, categorical
exclusions, environmental assessments, and
environmental impact statements prepared by other
Federal agencies to streamline environmental reviews of
nuclear reactor applications by the Commission;
(B) using categorical exclusions, environmental
assessments, and environmental impact statements
prepared by the Commission to streamline environmental
reviews of nuclear reactor applications by the
Commission;
(C) using mitigated findings of no significant
impact in environmental reviews of nuclear reactor
applications by the Commission to reduce the impact of
a proposed action to a level that is not significant;
(D) the extent to which the Commission may rely on
prior studies or analyses prepared by Federal, State,
and local governmental permitting agencies to
streamline environmental reviews of nuclear reactor
applications by the Commission;
(E) opportunities to coordinate the development of
environmental assessments and environmental impact
statements with other Federal agencies to avoid
duplicative environmental reviews and to streamline
environmental reviews of nuclear reactor applications
by the Commission;
(F) opportunities to streamline formal and informal
consultations and coordination with other Federal,
State, and local governmental permitting agencies
during environmental reviews of nuclear reactor
applications by the Commission;
(G) opportunities to streamline the Commission's
analyses of alternatives, including the Commission's
analysis of alternative sites, in environmental reviews
of nuclear reactor applications by the Commission;
(H) establishing new categorical exclusions that
could be applied to actions relating to new nuclear
reactors applications;
(I) amending section 51.20(b) of title 10, Code of
Federal Regulations, to allow the Commission to
determine on a case-specific basis whether an
environmental assessment (rather than an environmental
impact statement or supplemental environmental impact
statement) is appropriate for a particular nuclear
reactor application, including in proceedings in which
the Commission relies upon a generic environmental
impact statement for advanced nuclear reactors;
(J) authorizing the use of an applicant's
environmental impact statement as the Commission's
draft environmental impact statement, consistent with
section 107(f) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4336a(f));
(K) opportunities to adopt online and digital
technologies, including technologies that would allow
applicants and cooperating agencies to upload documents
and coordinate with the Commission to edit documents in
real time, that would streamline communications
between--
(i) the Commission and applicants; and
(ii) the Commission and other relevant
cooperating agencies; and
(L) in addition to implementing measures under
subsection (c), potential revisions to part 51 of title
10, Code of Federal Regulations, and relevant
Commission guidance documents, to--
(i) facilitate efficient, timely, and
predictable environmental reviews of nuclear
reactor applications;
(ii) assist decision making about relevant
environmental issues;
(iii) maintain openness with the public;
(iv) meet obligations under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(v) reduce burdens on licensees,
applicants, and the Commission; and
(3) include a schedule for promulgating the rule required
under subsection (c).
(c) Rulemaking.--Not later than 2 years after the submission of the
report under subsection (a), the Commission shall promulgate a final
rule implementing, to the maximum extent practicable, measures
considered by the Commission under subsection (b)(2) that are necessary
to streamline the Commission's review of nuclear reactor applications.
SEC. 122. NUCLEAR FOR BROWNFIELD SITES.
(a) Definitions.--In this section:
(1) Brownfield site.--The term ``brownfield site'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(2) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(3) Covered site.--The term ``covered site'' means a
brownfield site, a retired fossil fuel site, or a site that is
both a retired fossil fuel site and a brownfield site.
(4) Production facility.--The term ``production facility''
has the meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
(5) Retired fossil fuel site.--The term ``retired fossil
fuel site'' means the site of 1 or more fossil fuel electric
generation facilities that are retired or scheduled to retire,
including multiunit facilities that are partially shut down.
(6) Utilization facility.--The term ``utilization
facility'' has the meaning given the term in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014).
(b) Identification of Regulatory Issues.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall evaluate the extent
to which modification of regulations, guidance, or policy is
needed to enable efficient, timely, and predictable licensing
reviews for, and to support the oversight of, production
facilities or utilization facilities at covered sites.
(2) Requirement.--In carrying out paragraph (1), the
Commission shall consider how licensing reviews for production
facilities or utilization facilities at covered sites may be
expedited by--
(A) siting and operating a production facility or a
utilization facility at or near existing site
infrastructure to support the reuse of such
infrastructure, including--
(i) electric switchyard components and
transmission infrastructure;
(ii) heat-sink components;
(iii) steam cycle components;
(iv) roads;
(v) railroad access; and
(vi) water availability;
(B) using early site permits;
(C) using plant parameter envelopes or similar
standardized site parameters on a portion of a larger
site; and
(D) using a standardized application for similar
sites.
(3) Report.--Not later than 14 months after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing any
regulations, guidance, and policies evaluated under paragraph
(1).
(c) Licensing.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall, based on the
evaluation under subsection (b)--
(A) develop and implement strategies to enable
efficient, timely, and predictable licensing reviews
for, and to support the oversight of, production
facilities or utilization facilities at covered sites;
and
(B) initiate a rulemaking to enable efficient,
timely, and predictable licensing reviews for, and to
support the oversight of, production facilities or
utilization facilities at covered sites.
(2) Requirements.--In carrying out paragraph (1),
consistent with the mission of the Commission, the Commission
shall consider matters relating to--
(A) the use of existing site infrastructure;
(B) existing emergency preparedness organizations
and planning;
(C) the availability of historical site-specific
environmental data;
(D) previously completed environmental reviews
required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(E) activities associated with the potential
decommissioning of facilities or decontamination and
remediation at covered sites; and
(F) community engagement and historical experience
with energy production.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Commission shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
actions taken by the Commission under subsection (c)(1).
SEC. 123. ADVANCEMENT OF NUCLEAR REGULATORY OVERSIGHT.
(a) Implementing Lessons Learned From the COVID-19 Health
Emergency.--
(1) 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 on actions taken by
the Commission during the public health emergency declared by
the Secretary of Health and Human Services under section 319 of
the Public Health Service Act (42 U.S.C. 247d) on January 31,
2020, with respect to COVID-19.
(2) Contents.--The report submitted under paragraph (1)
shall--
(A) identify any processes, procedures, and other
regulatory policies that the Commission revised or
temporarily suspended during the public health
emergency described in paragraph (1);
(B) examine how any revision or temporary
suspension of a process, procedure, or other regulatory
policy identified under subparagraph (A) affected the
ability of the Commission to license and regulate the
civilian use of radioactive materials in the United
States to protect public health and safety, promote the
common defense and security, and protect the
environment;
(C) discuss lessons learned from the matters
described in subparagraph (B);
(D) list actions that the Commission has taken or
will take to incorporate into the licensing and
oversight activities of the Commission, without
compromising the mission of the Commission, the lessons
described in subparagraph (C); and
(E) describe when the actions listed under
subparagraph (D) were implemented or may be
implemented.
(b) Advancing Efficient, Risk-Informed Oversight and Inspections.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall develop and submit
to the appropriate committees of Congress a report that
identifies specific improvements to the nuclear reactor and
materials oversight and inspection programs carried out
pursuant to the Atomic Energy Act of 1954 that the Commission
may implement to maximize the efficiency of such programs
through, where appropriate, the use of risk-informed,
performance-based procedures, expanded incorporation of
information technologies, and staff training.
(2) Stakeholder input.--In developing the report under
paragraph (1), the Commission shall, as appropriate, seek input
from--
(A) the Secretary of Energy;
(B) the National Laboratories;
(C) the nuclear energy industry; and
(D) nongovernmental organizations that are related
to nuclear energy.
(3) Contents.--The report submitted under paragraph (1)
shall--
(A) assess specific elements of oversight and
inspections that may be modified by the use of
technology, improved planning, and continually updated
risk-informed, performance-based assessment,
including--
(i) use of travel resources;
(ii) planning and preparation for
inspections, including entrance and exit
meetings with licensees;
(iii) document collection and preparation,
including consideration of whether nuclear
reactor data are accessible prior to onsite
visits or requests to the licensee and that
document requests are timely and within the
scope of inspections;
(iv) the cross-cutting issues program; and
(v) the scope of event reporting required
by licensees to ensure decisions are risk-
informed;
(B) identify and assess measures to improve
oversight and inspections, including--
(i) elimination of areas of duplicative or
otherwise unnecessary activities;
(ii) increased use of templates in
documenting inspection results; and
(iii) periodic training of Commission staff
and leadership on the application of risk-
informed criteria for--
(I) inspection planning and
assessments;
(II) agency decision making
processes on the application of
regulations and guidance; and
(III) the application of the
Commission's standard of reasonable
assurance of adequate protection;
(C) assess measures to advance risk-informed
procedures, including--
(i) increased use of inspection approaches
that balance the level of resources
commensurate with safety significance;
(ii) increased review of the use of
inspection program resources based on licensee
performance;
(iii) expansion of modern information
technology, including artificial intelligence
and machine learning to risk inform oversight
and inspection decisions; and
(iv) updating the Differing Professional
Views or Opinions process to ensure any impacts
on agency decisions and schedules are
commensurate with the safety significance of
the differing opinion;
(D) assess the ability of the Commission,
consistent with its obligations to provide reasonable
assurance of adequate protection of health and safety
pursuant to the Atomic Energy Act of 1954, to enable
licensee innovations that may advance nuclear reactor
operational efficiency and safety, including the
criteria of the Commission for timely acceptance of
licensee adoption of advanced technologies, including
digital technologies;
(E) identify recommendations resulting from the
assessments described in subparagraphs (A) through (D);
(F) identify specific actions that the Commission
will take to incorporate into the training, inspection,
oversight, and licensing activities, and regulations of
the Commission, without compromising the mission of the
Commission, the recommendations identified under
subparagraph (E); and
(G) describe when the actions identified under
subparagraph (F) may be implemented.
(c) Office and Facility Space Review.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) review office and other facility space
requirements of the Commission; and
(B) submit to the appropriate committees of
Congress a report, with recommendations, on the results
of such review.
(2) Contents.--The report described in paragraph (1) shall
include--
(A) an examination of--
(i) the costs associated with the
headquarters, regional offices, and technical
training center of the Commission, including
examination of--
(I) costs that do not support the
Commission's mission, including rent
subsidies for other Federal agencies;
and
(II) opportunities to reduce future
costs through reduction in unnecessary
office space, consolidation of offices,
use of advanced information technology,
or any other appropriate means; and
(ii) current and anticipated office and
facility requirements to efficiently accomplish
the mission of the Commission; and
(B) recommendations to Congress, the Commission,
and the General Services Administration for actions
that may assist in reducing office and facility costs
to licensees and taxpayers.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
(2) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(3) Licensee.--The term ``licensee'' means a person that
holds a license issued under section 103 or section 104 of the
Atomic Energy Act of 1954 (42 U.S.C. 2133; 2134).
TITLE II--NUCLEAR TECHNOLOGY DEPLOYMENT
SEC. 201. ADVANCED NUCLEAR DEPLOYMENT.
(a) Enabling Preparations for Advanced Nuclear Reactor
Demonstrations on Federal Sites.--
(1) In general.--Section 102(b)(1)(B) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) is
further amended by adding at the end the following:
``(vi) Costs for--
``(I) activities to review and
approve or disapprove an application
for an early site permit (as defined in
section 52.1 of title 10, Code of
Federal Regulations (or any successor
regulation)) to demonstrate an advanced
nuclear reactor on a Department of
Energy site or any site or installation
that is critical national security
infrastructure (as defined in section
327(d) of the John S. McCain National
Defense Authorization Act for Fiscal
Year 2019); and
``(II) pre-application activities
relating to an early site permit (as so
defined) to demonstrate an advanced
nuclear reactor on a Department of
Energy site or any site or installation
that is critical national security
infrastructure (as defined in section
327(d) of the John S. McCain National
Defense Authorization Act for Fiscal
Year 2019).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2024.
(b) Regulatory Requirements for Micro-Reactors.--
(1) Micro-reactor licensing.--The Nuclear Regulatory
Commission (in this subsection referred to as the
``Commission'') shall--
(A) not later than 18 months after the date of
enactment of this Act, develop risk-informed and
performance-based strategies and guidance to license
and regulate micro-reactors pursuant to section 103 of
the Atomic Energy Act of 1954 (42 U.S.C. 2133),
including strategies and guidance for--
(i) staffing and operations;
(ii) oversight and inspections;
(iii) safeguards and security;
(iv) emergency preparedness;
(v) risk analysis methods, including
alternatives to probabilistic risk assessments;
(vi) decommissioning funding assurance
methods that permit the use of design- and
site-specific cost estimates;
(vii) the transportation of fueled micro-
reactors; and
(viii) siting, including in relation to--
(I) the population density
criterion limit described in the policy
issue paper on population-related
siting considerations for advanced
reactors dated May 8, 2020, and
numbered SECY-20-0045;
(II) licensing mobile deployment;
and
(III) environmental reviews; and
(B) not later than 3 years after the date of
enactment of this Act, implement, as appropriate, the
strategies and guidance developed under subparagraph
(A)--
(i) within the existing regulatory
framework;
(ii) through the technology-inclusive,
regulatory framework to be established under
section 103(a)(4) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C.
2133 note; Public Law 115-439); or
(iii) through a pending or new rulemaking.
(2) Considerations.--In developing and implementing
strategies and guidance under paragraph (1), the Commission
shall consider--
(A) the unique characteristics of micro-reactors,
including characteristics relating to--
(i) physical size;
(ii) design simplicity; and
(iii) source term;
(B) opportunities to address redundancies and
inefficiencies;
(C) opportunities to consolidate review phases and
reduce transitions between review teams;
(D) opportunities to establish integrated review
teams to ensure continuity throughout the review
process; and
(E) other relevant considerations discussed in the
policy issue paper on policy and licensing
considerations related to micro-reactors dated October
6, 2020, and numbered SECY-20-0093.
(3) Consultation.--In carrying out paragraph (1), the
Commission shall consult with--
(A) the Secretary of Energy;
(B) the heads of other Federal agencies, as
appropriate;
(C) micro-reactor technology developers; and
(D) other stakeholders.
(c) Expedited Subsequent Combined Licenses.--
(1) In general.--In accordance with this subsection, the
Nuclear Regulatory Commission (referred to in this subsection
as the ``Commission'') shall establish and carry out an
expedited procedure for issuing a combined license pursuant to
section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2235).
(2) Qualifications.--To qualify for the expedited procedure
under paragraph (1), an applicant--
(A) shall submit a combined license application for
a new nuclear reactor based off a previously licensed
design;
(B) shall propose to construct the new nuclear
reactor on or adjacent to a site on which a nuclear
reactor already operates or previously operated; and
(C) may not be subject to an order of the
Commission to suspend or revoke a license under section
2.202 of title 10, Code of Federal Regulations (or any
successor regulation).
(3) Expedited procedure.--With respect to a combined
license for which the applicant has satisfied the requirements
described in paragraph (2), the Commission shall, to the
maximum extent practicable--
(A) not later than 1 year after the application is
accepted for docketing, issue a draft environmental
impact statement;
(B) not later than 18 months after the application
is accepted for docketing--
(i) complete the technical review process;
and
(ii) issue a safety evaluation report and
final environmental impact statement;
(C) not later than 2 years after the application is
accepted for docketing, complete any necessary public
licensing hearings and related processes; and
(D) not later than 25 months after the application
is accepted for docketing, make a final decision on
whether to issue the combined license.
(4) Performance and reporting.--
(A) Delays in issuance.--Not later than 30 days
after the applicable deadline, the Executive Director
for Operations of the Commission shall inform the
Commission of any failure to meet a deadline under
paragraph (3).
(B) Delays in issuance exceeding 90 days.--If any
deadline under paragraph (3) is not met by the date
that is 90 days after the applicable date required
under such paragraph, the Commission shall submit to
the Committee on Environment and Public Works of the
Senate and the Committee on Energy and Commerce of the
House of Representatives a report describing the delay,
including a detailed explanation accounting for the
delay and a plan for completion of the applicable
action.
(d) Pilot Program for Nuclear Power Purchase Agreements.--
(1) 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. 639A. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT PROGRAM.
``(a) Establishment.--The Secretary shall establish a pilot program
under which the Secretary shall enter into at least one long-term power
purchase agreement for power generated by a commercial nuclear reactor
with respect to which an operating license is issued by the Nuclear
Regulatory Commission after January 1, 2024.
``(b) Requirements.--In establishing the pilot program under this
section, the Secretary shall--
``(1) consult 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 the Secretary of
Defense; and
``(2) not later than December 31, 2028, enter into at least
one long-term agreement to purchase power from a commercial
nuclear reactor described in subsection (a).
``(c) Period of Agreement.--Notwithstanding any other provision of
law, an agreement entered into pursuant to subsection (b)(2) to
purchase power from a commercial nuclear reactor shall be made for a
period of at least 10 years and not more than 40 years.
``(d) Priority.--In carrying out this section, the Secretary shall
prioritize entering into long-term power purchase agreements for power
generated by first-of-a-kind or early deployment commercial nuclear
reactors that will provide reliable and resilient power--
``(1) to high-value assets for national security purposes;
or
``(2) for other purposes that the Secretary determines are
in the national interest, including for remote off-grid
scenarios or grid-connected scenarios that provide capabilities
commonly known as `islanding power capabilities' during an
emergency.
``(e) Rates.--A long-term power purchase agreement entered into
under this section may not be at a rate that is higher than the average
market rate, unless the agreement is for power generated by a
commercial nuclear reactor described in subsection (d).''.
(2) 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. 639A. Long-term nuclear power purchase agreement pilot
program.''.
SEC. 202. GLOBAL NUCLEAR COOPERATION.
(a) Global Nuclear Energy Assessment Study.--
(1) Study required.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of State, the Secretary of
Commerce, the Administrator of the Environmental Protection
Agency, and the Commission, shall conduct a study on the global
status of--
(A) the civilian nuclear energy industry; and
(B) the supply chains of the civilian nuclear
energy industry.
(2) Contents.--The study conducted under paragraph (1)
shall include--
(A) information on the status of the civilian
nuclear energy industry, the long-term risks to such
industry, and the basis for such risks;
(B) information on how the use of the civilian
nuclear energy industry, relative to other types of
energy industries, can reduce the emission of criteria
pollutants and carbon dioxide;
(C) information on the role the United States
civilian nuclear energy industry plays in United States
foreign policy;
(D) information on the importance of the United
States civilian nuclear energy industry to countries
that are allied to the United States;
(E) information on how the United States may
collaborate with such countries in developing,
deploying, and investing in nuclear technology;
(F) information on how foreign countries use
nuclear energy when crafting and implementing their own
foreign policy, including such use by foreign countries
that are strategic competitors;
(G) an evaluation of how nuclear nonproliferation
and security efforts and nuclear energy safety are
affected by the involvement of the United States in--
(i) international markets; and
(ii) setting civilian nuclear energy
industry standards;
(H) an evaluation of how industries in the United
States, other than the civilian nuclear energy
industry, benefit from the generation of electricity by
nuclear power plants;
(I) information on utilities and companies in the
United States that are involved in the civilian nuclear
energy supply chain, including, with respect to such
utilities and companies--
(i) financial challenges;
(ii) nuclear liability issues;
(iii) foreign strategic competition; and
(iv) risks to continued operation; and
(J) recommendations for how the United States may--
(i) develop a national strategy to increase
the role nuclear energy plays in diplomacy and
strategic energy policy;
(ii) develop a strategy to mitigate foreign
competitor's utilization of their civilian
nuclear energy industries in diplomacy;
(iii) align its nuclear energy policy with
national security objectives; and
(iv) remove regulatory barriers to the
development of the United States civilian
nuclear energy supply chain.
(3) Report to congress.--Not later than 6 months after the
study is conducted under paragraph (1), the Secretary of Energy
shall submit to the appropriate committees of Congress a
report, including a classified annex as necessary, on the
results of such study.
(b) Program To Train and Share Expertise.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy, in consultation
with the Secretary of State and the Commission, shall develop
and carry out a program under which the Secretary of Energy
shall train foreign nuclear energy experts and standardize
practices.
(2) Requirements.--In carrying out the program developed
under paragraph (1), the Secretary of Energy shall--
(A) issue guidance for best safety practices in the
global civilian nuclear energy industry based on
practices established in the United States;
(B) train foreign nuclear energy experts on the
operation and safety and security practices used by the
United States civilian nuclear energy industry;
(C) review global supply chain risks for foreign
civilian nuclear energy industries;
(D) identify weaknesses and concerns found in
foreign civilian nuclear energy industries; and
(E) establish partnerships with foreign countries
that have developed or are developing civilian nuclear
energy industries.
(3) Foreign nuclear energy expert.--In this subsection, the
term ``foreign nuclear energy expert'' does not include a
person who is from a country--
(A) in which intellectual property theft is legal;
(B) that takes actions to undermine the civilian
nuclear energy industry or other critical industries of
the United States; or
(C) which the Secretary of Energy determines is
inimical to the interest of the United States.
(c) International Nuclear Reactor Export and Innovation
Activities.--
(1) Coordination.--The Commission shall--
(A) coordinate all work of the Commission relating
to--
(i) issuing a license for the import or
export of a nuclear reactor under section 103
of the Atomic Energy Act of 1954 (42 U.S.C.
2133); and
(ii) international regulatory cooperation
and assistance relating to nuclear reactors;
and
(B) support--
(i) the consideration of international
technical standards to assist the design,
licensing, and construction of advanced nuclear
systems;
(ii) efforts to help build competent
nuclear regulatory organizations and legal
frameworks in foreign countries that are
seeking to develop civilian nuclear energy
industries; and
(iii) exchange programs and training
provided in coordination with the Secretary of
State to foreign countries relating to civilian
nuclear energy industry regulation and
oversight to improve nuclear technology
licensing.
(2) Consultation.--In supporting exchange programs and
training under paragraph (1)(B)(iii), the Commission shall
consult with--
(A) the Secretary of Energy;
(B) the Secretary of State;
(C) the National Laboratories;
(D) the private sector; and
(E) institutions of higher education.
(3) Nuclear reactor export and innovation branch.--The
Commission may establish within the Office of International
Programs of the Commission a branch, to be known as the
``International Nuclear Reactor Export and Innovation Branch'',
to carry out the nuclear reactor export and innovation
activities described in paragraph (1) as the Commission
determines appropriate.
(4) Exclusion of international activities from the fee
base.--
(A) In general.--Section 102 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215) is
amended--
(i) in subsection (a), by adding at the end
the following:
``(4) International nuclear reactor export and innovation
activities.--The Commission shall identify in the annual budget
justification international nuclear reactor export and
innovation activities described in section 202(c)(1) of the
Atomic Energy Advancement Act.''; and
(ii) in subsection (b)(1)(B), by adding at
the end the following:
``(vii) Costs for international nuclear
reactor export and innovation activities
described in section 202(c)(1) of the Atomic
Energy Advancement Act.''.
(B) Effective date.--The amendments made by
subparagraph (A) shall take effect on October 1, 2024.
(d) Denial of Certain Domestic Licenses for National Security
Purposes.--
(1) Definition of covered fuel.--In this subsection, the
term ``covered fuel'' means enriched uranium that is fabricated
into fuel assemblies for nuclear reactors by an entity that--
(A) is owned or controlled by the Government of the
Russian Federation or the Government of the People's
Republic of China; or
(B) is organized under the laws of, or otherwise
subject to the jurisdiction of, the Russian Federation
or the People's Republic of China.
(2) Prohibition on unlicensed possession or ownership of
covered fuel.--Unless specifically authorized by the Commission
in a license issued under section 53 of the Atomic Energy Act
of 1954 (42 U.S.C. 2073), no person subject to the jurisdiction
of the Commission may possess or own covered fuel.
(3) License to possess or own covered fuel.--
(A) Consultation required prior to issuance.--The
Commission shall not issue a license to possess or own
covered fuel under section 53 of the Atomic Energy Act
of 1954 (42 U.S.C. 2073) unless the Commission has
first consulted with the Secretary of Energy and the
Secretary of State before issuing the license.
(B) Prohibition on issuance of license.--
(i) In general.--Subject to clause (iii), a
license to possess or own covered fuel shall
not be issued if the Secretary of Energy and
the Secretary of State make the determination
described in clause (ii).
(ii) Determination.--
(I) In general.--The determination
referred to in clause (i) is a
determination that possession or
ownership, as applicable, of covered
fuel poses a threat to the national
security of the United States that
adversely impacts the physical and
economic security of the United States.
(II) Joint determination.--A
determination described in subclause
(I) shall be jointly made by the
Secretary of Energy and the Secretary
of State.
(III) Timeline.--
(aa) Notice of
application.--Not later than 30
days after the date on which
the Commission receives an
application for a license to
possess or own covered fuel,
the Commission shall notify the
Secretary of Energy and the
Secretary of State of the
application.
(bb) Determination.--The
Secretary of Energy and the
Secretary of State shall have a
period of 180 days, beginning
on the date on which the
Commission notifies the
Secretary of Energy and the
Secretary of State under item
(aa) of an application for a
license to possess or own
covered fuel, in which to make
the determination described in
subclause (I).
(cc) Commission
notification.--On making the
determination described in
subclause (I), the Secretary of
Energy and the Secretary of
State shall immediately notify
the Commission.
(dd) Congressional
notification.--Not later than
30 days after the date on which
the Secretary of Energy and the
Secretary of State notify the
Commission under item (cc), the
Commission shall notify the
appropriate committees of
Congress of the determination.
(ee) Public notice.--Not
later than 15 days after the
date on which the Commission
notifies Congress under item
(dd) of a determination made
under subclause (I), the
Commission shall make that
determination publicly
available.
(iii) Effect of no determination.--The
prohibition described in clause (i) shall not
apply if the Secretary of Energy and the
Secretary of State do not make the
determination described in clause (ii) by the
date described in subclause (III)(bb) of that
clause.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means each of the
following:
(A) The Committee on Energy and Commerce of the
House of Representatives.
(B) The Committee on Foreign Affairs of the House
of Representatives.
(C) The Committee on Environment and Public Works
of the Senate.
(D) The Committee on Energy and Natural Resources
of the Senate.
(E) The Committee on Foreign Relations of the
Senate.
(2) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
SEC. 203. AMERICAN NUCLEAR COMPETITIVENESS.
(a) Process for Review and Amendment of Part 810 Generally
Authorized Destinations.--
(1) Identification and evaluation of factors.--Not later
than 90 days after the date of enactment of this Act, the
Secretary of Energy, with the concurrence of the Secretary of
State, shall identify and evaluate factors, other than
agreements for cooperation entered into in accordance with
section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153),
that may be used to determine a country's generally authorized
destination status under part 810 of title 10, Code of Federal
Regulations, and to list such country as a generally authorized
destination in Appendix A to part 810 of title 10, Code of
Federal Regulations.
(2) Process update.--The Secretary of Energy shall review
and, as appropriate, update the Department of Energy's process
for determining a country's generally authorized destination
status under part 810 of title 10, Code of Federal Regulations,
and for listing such country as a generally authorized
destination in Appendix A to part 810 of title 10, Code of
Federal Regulations, taking into consideration, and, as
appropriate, incorporating factors identified and evaluated
under paragraph (1).
(3) Revisions to list.--Not later than one year after the
date of enactment of this Act, and at least once every 5 years
thereafter, the Secretary of Energy shall, in accordance with
any process updated pursuant to this subsection, review the
list in Appendix A to part 810 of title 10, Code of Federal
Regulations, and amend such list as appropriate.
(b) Licensing Domestic Nuclear Projects in Which United States
Allies Invest.--
(1) In general.--The prohibitions against issuing certain
licenses for utilization facilities to certain aliens,
corporations, and other entities described in the second
sentence of section 103 d. of the Atomic Energy Act of 1954 (42
U.S.C. 2133(d)) and the second sentence of section 104 d. of
that Act (42 U.S.C. 2134(d)) shall not apply to an entity
described in paragraph (2) of this subsection if the Nuclear
Regulatory Commission determines that issuance of the
applicable license to that entity is not inimical to--
(A) the common defense and security; or
(B) the health and safety of the public.
(2) Entities described.--
(A) In general.--An entity referred to in paragraph
(1) is an alien, corporation, or other entity that is
owned, controlled, or dominated by--
(i) the government of--
(I) a country, other than a country
described in subparagraph (B), that is
a member of the Organization for
Economic Co-operation and Development
on the date of enactment of this Act;
or
(II) the Republic of India;
(ii) a corporation that is incorporated in
a country described in subclause (I) or (II) of
clause (i); or
(iii) an alien who is a citizen or national
of a country described in subclause (I) or (II)
of clause (i).
(B) Exclusion.--A country described in this
subparagraph is a country--
(i) any department, agency, or
instrumentality of the government of which, on
the date of enactment of this Act, is subject
to sanctions under section 231 of the
Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9525); or
(ii) any citizen, national, or entity of
which, as of the date of enactment of this Act,
is included on the List of Specially Designated
Nationals and Blocked Persons maintained by the
Office of Foreign Assets Control of the
Department of the Treasury pursuant to
sanctions imposed under section 231 of the
Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9525).
(3) Technical amendment.--Section 103 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the
second sentence, by striking ``any any'' and inserting ``any''.
(4) Savings clause.--Nothing in this subsection affects the
requirements of section 721 of the Defense Production Act of
1950 (50 U.S.C. 4565).
(c) Licensing Considerations Relating to Use of Nuclear Energy for
Nonelectric Applications.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Nuclear Regulatory Commission (in
this subsection referred to as the ``Commission'') shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report addressing any unique licensing
issues or requirements relating to--
(A) the flexible operation of advanced nuclear
reactors, such as ramping power output and switching
between electricity generation and nonelectric
applications;
(B) the use of advanced nuclear reactors
exclusively for nonelectric applications; and
(C) the collocation of advanced nuclear reactors
with industrial plants or other facilities.
(2) Stakeholder input.--In developing the report under
paragraph (1), the Commission shall seek input from--
(A) the Secretary of Energy;
(B) the nuclear energy industry;
(C) technology developers;
(D) the industrial, chemical, and medical sectors;
(E) nongovernmental organizations; and
(F) other public stakeholders.
(3) Contents.--The report under paragraph (1) shall
describe--
(A) any unique licensing issues or requirements
relating to the matters described in subparagraphs (A)
through (C) of paragraph (1), including, with respect
to the nonelectric applications referred to in
subparagraphs (A) and (B) of that paragraph, any
licensing issues or requirements relating to the use of
nuclear energy--
(i) for hydrogen or other liquid and
gaseous fuel or chemical production;
(ii) for water desalination and wastewater
treatment;
(iii) for heat used in industrial
processes;
(iv) for district heating;
(v) in relation to energy storage;
(vi) for industrial or medical isotope
production; and
(vii) other applications, as identified by
the Commission;
(B) options for addressing such issues or
requirements--
(i) within the existing regulatory
framework;
(ii) through the technology-inclusive,
regulatory framework to be established under
section 103(a)(4) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C.
2133 note; Public Law 115-439); or
(iii) through a new rulemaking;
(C) the extent to which Commission action is needed
to implement any matter described in the report; and
(D) cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and
performance-based regulatory guidance for licensing
advanced nuclear reactors for nonelectric applications.
(d) Report on Advanced Methods of Manufacturing and Construction
for Nuclear Energy Projects.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Nuclear Regulatory Commission (in
this subsection referred to as the ``Commission'') shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on advanced methods of
manufacturing and construction for nuclear energy projects.
(2) Stakeholder input.--In developing the report under
paragraph (1), the Commission shall seek input from--
(A) the Secretary of Energy;
(B) the nuclear energy industry;
(C) the National Laboratories;
(D) institutions of higher education;
(E) nuclear and manufacturing technology
developers;
(F) the manufacturing and construction industries;
(G) standards development organizations;
(H) labor unions;
(I) nongovernmental organizations; and
(J) other public stakeholders.
(3) Contents.--
(A) In general.--The report under paragraph (1)
shall--
(i) examine any unique licensing issues or
requirements relating to the use, for nuclear
energy projects, of--
(I) advanced manufacturing
techniques; and
(II) advanced construction
techniques;
(ii) examine--
(I) the requirements for nuclear-
grade components in manufacturing and
construction for nuclear energy
projects;
(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 and standards to provide
acceptable approaches to support or
encapsulate new materials that do not
yet have applicable codes or standards;
(iii) identify safety aspects of advanced
manufacturing processes and advanced
construction techniques that are not addressed
by existing codes and standards, so that
generic guidance for nuclear energy projects
may be updated or created as necessary by the
Commission;
(iv) identify options for addressing the
issues, requirements, and opportunities
examined under clauses (i) and (ii)--
(I) within the existing regulatory
framework; or
(II) through a new rulemaking; and
(v) describe the extent to which Commission
action is needed to implement any matter
described in the report.
(B) Cost estimates, budgets, and timeframes.--The
report under paragraph (1) shall include cost
estimates, proposed budgets, and proposed timeframes
for implementing risk-informed and performance-based
regulatory guidance for advanced manufacturing and
construction for nuclear energy projects.
(e) Extension of the Price-Anderson Act.--
(1) Extension.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended by striking ``December 31, 2025'' each place
it appears and inserting ``December 31, 2065''.
(2) Liability.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended--
(A) in subsection d. (5), by striking
``$500,000,000'' and inserting ``$2,000,000,000''; and
(B) in subsection e. (4), by striking
``$500,000,000'' and inserting ``$2,000,000,000''.
(3) Report.--Section 170 p. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(p)) (commonly known as the ``Price-
Anderson Act'') is amended by striking ``December 31, 2021''
and inserting ``December 31, 2061''.
(4) Definition of nuclear incident.--Section 11 q. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in
the second proviso, by striking ``if such occurrence'' and all
that follows through ``United States:'' and inserting a colon.
(f) Risk Pooling Program Assessment.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall carry out
a review of, and submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on, the
Secretary of Energy's actions with respect to the program
described in section 934(e) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17373(e)).
(2) Contents.--The report described in paragraph (1) shall
include--
(A) an evaluation of the Secretary of Energy's
actions to determine the risk-informed assessment
formula under section 934(e)(2)(C) of the Energy
Independence and Security Act of 2007 (42 U.S.C.
17373(e)(2)(C)); and
(B) a review of the Secretary of Energy's
methodology to collect information to determine and
implement the formula.
<all>
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 47 - 2.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-391, Part I.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-391, Part I.
Committee on Science, Space, and Technology discharged.
Committee on Science, Space, and Technology discharged.
Committee on Foreign Affairs discharged.
Committee on Foreign Affairs discharged.
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Placed on the Union Calendar, Calendar No. 320.
Mr. Duncan moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H703-715)
DEBATE - The House proceeded with forty minutes of debate on H.R. 6544.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H730-731)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 365 - 36, 1 Present (Roll no. 55). (text: CR H703-711)
Roll Call #55 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 365 - 36, 1 Present (Roll no. 55). (text: CR H703-711)
Roll Call #55 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.