[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1111 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1111
To enhance United States civil nuclear leadership, support the
licensing of advanced nuclear technologies, strengthen the domestic
nuclear energy fuel cycle and supply chain, and improve the regulation
of nuclear energy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mrs. Capito (for herself, Mr. Whitehouse, Mr. Barrasso, Mr. Carper, Mr.
Crapo, Mr. Booker, Mr. Graham, Mr. Kelly, Mr. Risch, and Mr. Heinrich)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To enhance United States civil nuclear leadership, support the
licensing of advanced nuclear technologies, strengthen the domestic
nuclear energy fuel cycle and supply chain, and improve the regulation
of nuclear energy, 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 ``Accelerating
Deployment of Versatile, Advanced Nuclear for Clean Energy Act of
2023'' or the ``ADVANCE Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AMERICAN NUCLEAR LEADERSHIP
Sec. 101. International nuclear reactor export and innovation
activities.
Sec. 102. Denial of certain domestic licenses for national security
purposes.
Sec. 103. Export license requirements.
Sec. 104. Coordinated international engagement.
TITLE II--DEVELOPING AND DEPLOYING NEW NUCLEAR TECHNOLOGIES
Sec. 201. Fees for advanced nuclear reactor application review.
Sec. 202. Advanced nuclear reactor prizes.
Sec. 203. Report on unique licensing considerations relating to the use
of nuclear energy for nonelectric
applications.
Sec. 204. Enabling preparations for the demonstration of advanced
nuclear reactors on Department of Energy
sites.
Sec. 205. Clarification on fusion regulation.
Sec. 206. Regulatory issues for nuclear facilities at brownfield sites.
Sec. 207. Appalachian Regional Commission nuclear energy development.
TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION
Sec. 301. Investment by allies.
Sec. 302. Extension of the Price-Anderson Act.
TITLE IV--NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND
WORKFORCE
Sec. 401. Report on advanced methods of manufacturing and construction
for nuclear energy applications.
Sec. 402. Nuclear energy traineeship.
Sec. 403. Report on Commission readiness and capacity to license
additional conversion and enrichment
capacity to reduce reliance on uranium from
Russia.
Sec. 404. Annual report on the spent nuclear fuel and high-level
radioactive waste inventory in the United
States.
Sec. 405. Authorization of appropriations for superfund actions at
abandoned mining sites on Tribal land.
Sec. 406. Development, qualification, and licensing of advanced nuclear
fuel concepts.
TITLE V--IMPROVING COMMISSION EFFICIENCY
Sec. 501. Commission workforce.
Sec. 502. Commission corporate support funding.
Sec. 503. Performance and reporting update.
TITLE VI--MISCELLANEOUS
Sec. 601. Nuclear closure communities.
Sec. 602. Technical correction.
SEC. 2. DEFINITIONS.
In this Act:
(1) Accident tolerant fuel.--The term ``accident tolerant
fuel'' has the meaning given the term in section 107(a) of the
Nuclear Energy Innovation and Modernization Act (Public Law
115-439; 132 Stat. 5577).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Advanced nuclear fuel.--The term ``advanced nuclear
fuel'' means--
(A) advanced nuclear reactor fuel; and
(B) accident tolerant fuel.
(4) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 3 of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215
note; Public Law 115-439).
(5) Advanced nuclear reactor fuel.--The term ``advanced
nuclear reactor fuel'' has the meaning given the term in
section 3 of the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215 note; Public Law 115-439).
(6) Appropriate committees of Congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Environment and Public Works
of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(7) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(8) 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)).
(9) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
TITLE I--AMERICAN NUCLEAR LEADERSHIP
SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT AND INNOVATION
ACTIVITIES.
(a) Coordination.--
(1) In general.--The Commission shall--
(A) coordinate all work of the Commission relating
to--
(i) nuclear reactor import and export
licensing; and
(ii) international regulatory cooperation
and assistance relating to nuclear reactors,
including with countries that are members of
the Organisation for Economic Co-operation and
Development; and
(B) support interagency and international
coordination with respect to--
(i) the consideration of international
technical standards to establish the licensing
and regulatory basis to assist the design,
construction, and operation of nuclear systems;
(ii) efforts to help build competent
nuclear regulatory organizations and legal
frameworks in countries seeking to develop
nuclear power; and
(iii) exchange programs and training
provided to other countries relating to nuclear
regulation and oversight to improve nuclear
technology licensing, in accordance with
paragraph (2).
(2) Exchange programs and training.--With respect to the
exchange programs and training described in paragraph
(1)(B)(iii), the Commission shall coordinate, as applicable,
with--
(A) the Secretary of Energy;
(B) National Laboratories;
(C) the private sector; and
(D) institutions of higher education.
(b) Authority To Establish Branch.--The Commission may establish
within the Office of International Programs a branch, to be known as
the ``International Nuclear Reactor Export and Innovation Branch'', to
carry out such international nuclear reactor export and innovation
activities as the Commission determines to be appropriate and within
the mission of the Commission.
(c) Exclusion of International Activities From the Fee Base.--
(1) In general.--Section 102 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215) is amended--
(A) 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 101(a) of the
ADVANCE Act of 2023.''; and
(B) in subsection (b)(1)(B), by adding at the end
the following:
``(iv) Costs for international nuclear
reactor export and innovation activities
described in section 101(a) of the ADVANCE Act
of 2023.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2024.
(d) Savings Clause.--Nothing in this section alters the authority
of the Commission to license and regulate the civilian use of
radioactive materials.
SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR NATIONAL SECURITY
PURPOSES.
(a) Definition of Covered Fuel.--In this section, the term
``covered fuel'' means enriched uranium that is fabricated into fuel
assemblies for nuclear reactors by an entity that--
(1) is owned or controlled by the Government of the Russian
Federation or the Government of the People's Republic of China;
or
(2) is organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation or the People's
Republic of China.
(b) 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) and part 70 of title 10, Code of Federal Regulations (or
successor regulations), no person subject to the jurisdiction of the
Commission may possess or own covered fuel.
(c) License To Possess or Own Covered Fuel.--
(1) 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) and part 70 of title 10, Code of Federal
Regulations (or successor regulations), unless the Commission
has first consulted with the Secretary of Energy and the
Secretary of State before issuing the license.
(2) Prohibition on issuance of license.--
(A) In general.--Subject to subparagraph (C), 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 subparagraph
(B).
(B) Determination.--
(i) In general.--The determination referred
to in subparagraph (A) 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 clause (i) shall be jointly made
by the Secretary of Energy and the Secretary of
State.
(iii) Timeline.--
(I) 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.
(II) 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
subclause (I) of an application for a
license to possess or own covered fuel,
in which to make the determination
described in clause (i).
(III) Commission notification.--On
making the determination described in
clause (i), the Secretary of Energy and
the Secretary of State shall
immediately notify the Commission.
(IV) 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 subclause (III), the
Commission shall notify the appropriate
committees of Congress of the
determination.
(V) Public notice.--Not later than
15 days after the date on which the
Commission notifies Congress under
subclause (IV) of a determination made
under clause (i), the Commission shall
make that determination publicly
available.
(C) Effect of no determination.--The prohibition
described in subparagraph (A) shall not apply if the
Secretary of Energy and the Secretary of State do not
make the determination described in subparagraph (B) by
the date described in clause (iii)(II) of that
subparagraph.
(d) Savings Clause.--Nothing in this section alters any treaty or
international agreement in effect on the date of enactment of this Act.
SEC. 103. EXPORT LICENSE REQUIREMENTS.
(a) Definition of Low-Enriched Uranium.--In this section, the term
``low-enriched uranium'' means uranium enriched to less than 20 percent
of the uranium-235 isotope.
(b) Requirement.--The Commission shall not issue an export license
for the transfer of any item described in subsection (d) to a country
described in subsection (c) unless the Commission makes a determination
that such transfer will not be inimical to the common defense and
security of the United States.
(c) Countries Described.--A country referred to in subsection (b)
is a country that--
(1) has not concluded and ratified an Additional Protocol
to its safeguards agreement with the International Atomic
Energy Agency; or
(2) has not ratified or acceded to the amendment to the
Convention on the Physical Protection of Nuclear Material,
adopted at Vienna October 26, 1979, and opened for signature at
New York March 3, 1980 (TIAS 11080), described in the
information circular of the International Atomic Energy Agency
numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 (TIAS
16-508).
(d) Items Described.--An item referred to in subsection (b)
includes--
(1) unirradiated nuclear fuel containing special nuclear
material (as defined in section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
(2) a nuclear reactor that uses nuclear fuel described in
paragraph (1); and
(3) any plant or component listed in Appendix I to part 110
of title 10, Code of Federal Regulations (or successor
regulations), that is involved in--
(A) the reprocessing of irradiated nuclear reactor
fuel elements;
(B) the separation of plutonium; or
(C) the separation of the uranium-233 isotope.
(e) Notification.--If the Commission makes a determination under
subsection (b) that the transfer of any item described in subsection
(d) to a country described in subsection (c) will not be inimical to
the common defense and security of the United States, the Commission
shall notify the appropriate committees of Congress.
SEC. 104. COORDINATED INTERNATIONAL ENGAGEMENT.
(a) Definitions.--In this section:
(1) Embarking civil nuclear energy nation.--
(A) In general.--The term ``embarking civil nuclear
energy nation'' means a country that--
(i)(I) does not have a civil nuclear
program;
(II) is in the process of developing or
expanding a civil nuclear program, including
safeguards and a legal and regulatory
framework; or
(III) is in the process of selecting,
developing, constructing, or utilizing an
advanced nuclear reactor or advanced civil
nuclear technologies; and
(ii) is eligible to receive development
lending from the World Bank.
(B) Exclusions.--The term ``embarking civil nuclear
energy nation'' does not include--
(i) the People's Republic of China;
(ii) the Russian Federation;
(iii) the Republic of Belarus;
(iv) the Islamic Republic of Iran;
(v) the Democratic People's Republic of
Korea;
(vi) the Republic of Cuba;
(vii) the Bolivarian Republic of Venezuela;
(viii) the Syrian Arab Republic; or
(ix) any other country--
(I) the property or interests in
property of the government of which are
blocked pursuant to the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
(II) the government of which the
Secretary of State has determined has
repeatedly provided support for acts of
international terrorism for purposes
of--
(aa) section 620A(a) of the
Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(bb) section 40(d) of the
Arms Export Control Act (22
U.S.C. 2780(d));
(cc) section
1754(c)(1)(A)(i) of the Export
Control Reform Act of 2018 (50
U.S.C. 4813(c)(1)(A)(i)); or
(dd) any other relevant
provision of law.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of Commerce and the Secretary of Energy, acting--
(A) in consultation with each other; and
(B) in coordination with--
(i) the Secretary of State;
(ii) the Commission;
(iii) the Secretary of the Treasury;
(iv) the President of the Export-Import
Bank of the United States; and
(v) officials of other Federal agencies, as
the Secretary of Commerce determines to be
appropriate.
(b) International Civil Nuclear Modernization Initiative.--
(1) In general.--The Secretaries shall establish and carry
out, in accordance with applicable nuclear technology export
laws (including regulations), an international initiative to
modernize civil nuclear outreach to embarking civil nuclear
energy nations.
(2) Activities.--In carrying out the initiative described
in paragraph (1)--
(A) the Secretary of Commerce shall--
(i) expand outreach by the executive branch
to the private investment community to create
public-private financing relationships to
assist in the export of civil nuclear
technology to embarking civil nuclear energy
nations;
(ii) seek to coordinate, to the maximum
extent practicable, the work carried out by
each of--
(I) the Commission;
(II) the Department of Energy;
(III) the Department of State;
(IV) the Nuclear Energy Agency;
(V) the International Atomic Energy
Agency; and
(VI) other agencies, as the
Secretary of Commerce determines to be
appropriate; and
(iii) improve the regulatory framework to
allow for the efficient and expeditious
exporting and importing of items under the
jurisdiction of the Secretary of Commerce; and
(B) the Secretary of Energy shall--
(i) assist nongovernmental organizations
and appropriate offices, administrations,
agencies, laboratories, and programs of the
Federal Government in providing education and
training to foreign governments in nuclear
safety, security, and safeguards--
(I) through engagement with the
International Atomic Energy Agency; or
(II) independently, if the
applicable nongovernmental
organization, office, administration,
agency, laboratory, or program
determines that it would be more
advantageous under the circumstances to
provide the applicable education and
training independently; and
(ii) assist the efforts of the
International Atomic Energy Agency to expand
the support provided by the International
Atomic Energy Agency to embarking civil nuclear
energy nations for nuclear safety, security,
and safeguards.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Commerce, in consultation with the Secretary
of Energy, shall submit to Congress a report describing the activities
carried out under this section.
TITLE II--DEVELOPING AND DEPLOYING NEW NUCLEAR TECHNOLOGIES
SEC. 201. FEES FOR ADVANCED NUCLEAR REACTOR APPLICATION REVIEW.
(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), (5), (6), (7), (8), (9), (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 to receive 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) Agency support.--The term `agency support' means the
resources of the Commission that are located in executive,
administrative, and other support offices of the Commission, as
described in the document of the Commission entitled `FY 2022
Final Fee Rule Work Papers' (or a successor document).'';
(4) by inserting after paragraph (9) (as so redesignated)
the following:
``(10) Hourly rate for mission-direct program salaries and
benefits for the nuclear reactor safety program.--The term
`hourly rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program' means the quotient
obtained by dividing--
``(A) the full-time equivalent rate (within the
meaning of the document of the Commission entitled `FY
2022 Final Fee Rule Work Papers' (or a successor
document)) for mission-direct program salaries and
benefits for the Nuclear Reactor Safety Program (as
determined by the Commission) for a fiscal year; by
``(B) the productive hours assumption for that
fiscal year, determined in accordance with the formula
established in the document referred to in subparagraph
(A) (or a successor document).''; and
(5) by inserting after paragraph (11) (as so redesignated)
the following:
``(12) Mission-direct program salaries and benefits for the
nuclear reactor safety program.--The term `mission-direct
program salaries and benefits for the Nuclear Reactor Safety
Program' means the resources of the Commission that are
allocated to the Nuclear Reactor Safety Program (as determined
by the Commission) to perform core work activities committed to
fulfilling the mission of the Commission to protect public
health and safety, promote the common defense and security, and
protect the environment, as described in the document of the
Commission entitled `FY 2022 Final Fee Rule Work Papers' (or a
successor document).
``(13) Mission-indirect program support.--The term
`mission-indirect program support' means the resources of the
Commission that support the core mission-direct activities for
the Nuclear Reactor Safety Program of the Commission (as
determined by the Commission), as described in the document of
the Commission entitled `FY 2022 Final Fee Rule Work Papers'
(or a successor document).''.
(b) Excluded Activities.--Section 102(b)(1)(B) of the Nuclear
Energy Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as
amended by section 101(c)(1)(B)) is amended by adding at the end the
following:
``(v) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(B), may not be included in the
hourly rate charged for fees assessed to
advanced nuclear reactor applicants.''.
(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
hourly rate charged for fees assessed to advanced
nuclear reactor applicants under this paragraph
relating to the review of a submitted application
described in section 3(1) shall not exceed the hourly
rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2024.
SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES.
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.--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.--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.''.
SEC. 203. REPORT ON UNIQUE LICENSING CONSIDERATIONS RELATING TO THE USE
OF NUCLEAR ENERGY FOR NONELECTRIC APPLICATIONS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Commission shall submit to the appropriate
committees of Congress a report (referred to in this section as the
``report'') addressing any unique licensing issues or requirements
relating to--
(1) the flexible operation of nuclear reactors, such as
ramping power output and switching between electricity
generation and nonelectric applications;
(2) the use of advanced nuclear reactors exclusively for
nonelectric applications; and
(3) the colocation of nuclear reactors with industrial
plants or other facilities.
(b) Stakeholder Input.--In developing the report, the Commission
shall seek input from--
(1) the Secretary of Energy;
(2) the nuclear energy industry;
(3) technology developers;
(4) the industrial, chemical, and medical sectors;
(5) nongovernmental organizations; and
(6) other public stakeholders.
(c) Contents.--
(1) In general.--The report shall describe--
(A) any unique licensing issues or requirements
relating to the matters described in paragraphs (1)
through (3) of subsection (a), including, with respect
to the nonelectric applications referred to in
paragraphs (1) and (2) of that subsection, any
licensing issues or requirements relating to the use of
nuclear energy in--
(i) hydrogen or other liquid and gaseous
fuel or chemical production;
(ii) water desalination and wastewater
treatment;
(iii) heat for industrial processes;
(iv) district heating;
(v) energy storage;
(vi) industrial or medical isotope
production; and
(vii) other applications, as identified by
the Commission;
(B) options for addressing those issues or
requirements--
(i) within the existing regulatory
framework of the Commission;
(ii) as part of the technology-inclusive
regulatory framework required under subsection
(a)(4) of section 103 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C.
2133 note; Public Law 115-439) or described in
the report required under subsection (e) of
that section (Public Law 115-439; 132 Stat.
5575); or
(iii) through a new rulemaking; and
(C) the extent to which Commission action is needed
to implement any matter described in the report.
(2) Cost estimates, budgets, and timeframes.--The report
shall include cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and performance-based
regulatory guidance in the licensing of nuclear reactors for
nonelectric applications.
SEC. 204. ENABLING PREPARATIONS FOR THE DEMONSTRATION OF ADVANCED
NUCLEAR REACTORS ON DEPARTMENT OF ENERGY SITES.
(a) In General.--Section 102(b)(1)(B) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as amended
by section 201(b)) is 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 a successor
regulation)) to demonstrate an advanced
nuclear reactor on a Department of
Energy site; 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.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2024.
SEC. 205. 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.--For purposes
of subparagraph (A), the term `advanced reactor
applicant' does not include an applicant seeking a
license for a fusion reactor.''.
SEC. 206. REGULATORY ISSUES FOR NUCLEAR FACILITIES AT BROWNFIELD SITES.
(a) Definitions.--
(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) 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).
(3) 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 multi-unit facilities that are partially shut down.
(4) 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 timely licensing reviews for, and to support
the oversight of, production facilities or utilization
facilities at brownfield sites.
(2) Requirement.--In carrying out paragraph (1), the
Commission shall consider how licensing reviews for production
facilities or utilization facilities at brownfield sites may be
expedited by considering matters relating to siting and
operating a production facility or a utilization facility at or
near a retired fossil fuel site to support the reuse of
existing site infrastructure, including--
(A) electric switchyard components and transmission
infrastructure;
(B) heat-sink components;
(C) steam cycle components;
(D) roads;
(E) railroad access; and
(F) water availability.
(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 identified under paragraph
(1).
(c) Licensing.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall--
(A) develop and implement strategies to enable
timely licensing reviews for, and to support the
oversight of, production facilities or utilization
facilities at brownfield sites, including retired
fossil fuel sites; or
(B) initiate a rulemaking to enable timely
licensing reviews for, and to support the oversight of,
of production facilities or utilization facilities at
brownfield sites, including retired fossil fuel sites.
(2) Requirements.--In carrying out paragraph (1),
consistent with the role of the Commission in protecting public
health and safety and the common defense and security, 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 approved 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 brownfield 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 appropriate committees of
Congress a report describing the actions taken by the Commission under
subsection (c).
SEC. 207. APPALACHIAN REGIONAL COMMISSION NUCLEAR ENERGY DEVELOPMENT.
(a) In General.--Subchapter I of chapter 145 of subtitle IV of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 14512. Appalachian Regional Commission nuclear energy
development
``(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) 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).
``(3) 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 multi-unit facilities that are partially shut down.
``(4) 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) Authority.--The Appalachian Regional Commission may provide
technical assistance to, make grants to, enter into contracts with, or
otherwise provide amounts to individuals or entities in the Appalachian
region for projects and activities--
``(1) to conduct research and analysis regarding the
economic impact of siting, constructing, and operating a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site;
``(2) to assist with workforce training or retraining to
perform activities relating to the siting and operation of a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site; and
``(3) to engage with the Nuclear Regulatory Commission, the
Department of Energy, and other Federal agencies with expertise
in civil nuclear energy.
``(c) Limitation on Available Amounts.--Of the cost of any project
or activity eligible for a grant under this section--
``(1) except as provided in paragraphs (2) and (3), not
more than 50 percent may be provided from amounts made
available to carry out this section;
``(2) in the case of a project or activity to be carried
out in a county for which a distressed county designation is in
effect under section 14526, not more than 80 percent may be
provided from amounts made available to carry out this section;
and
``(3) in the case of a project or activity to be carried
out in a county for which an at-risk county designation is in
effect under section 14526, not more than 70 percent may be
provided from amounts made available to carry out this section.
``(d) Sources of Assistance.--Subject to subsection (c), a grant
provided under this section may be provided from amounts made available
to carry out this section, in combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(e) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Appalachian Regional Commission determines to be
appropriate.''.
(b) Authorization of Appropriations.--Section 14703 of title 40,
United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Appalachian Regional Commission Nuclear Energy Development.--
Of the amounts made available under subsection (a), $5,000,000 may be
used to carry out section 14512 for each of fiscal years 2023 through
2026.''.
(c) Clerical Amendment.--The analysis for subchapter I of chapter
145 of subtitle IV of title 40, United States Code, is amended by
striking the item relating to section 14511 and inserting the
following:
``14511. Appalachian regional energy hub initiative.
``14512. Appalachian Regional Commission nuclear energy development.''.
TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION
SEC. 301. INVESTMENT BY ALLIES.
(a) In General.--The prohibitions against issuing certain licenses
for utilization facilities to certain 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 subsection (b) if the Commission determines that issuance
of the applicable license to that entity is not inimical to--
(1) the common defense and security; or
(2) the health and safety of the public.
(b) Entities Described.--An entity referred to in subsection (a) is
a corporation or other entity that is owned, controlled, or dominated
by--
(1) the government of--
(A) a country that is a member of the Group of
Seven as of November 25, 2020, which includes the
United Kingdom, Germany, Canada, Japan, France, and
Italy; or
(B) the Republic of Korea;
(2) a corporation that is incorporated in a country
described in subparagraph (A) or (B) of paragraph (1); or
(3) an alien who is a national of a country described in
subparagraph (A) or (B) of paragraph (1).
(c) 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''.
(d) Savings Clause.--Nothing in this section affects the
requirements of section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565).
SEC. 302. EXTENSION OF THE PRICE-ANDERSON ACT.
(a) 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, 2045''.
(b) Report.--Section 170 p. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(p)) is amended by striking ``December 31, 2021'' and
inserting ``December 31, 2041''.
TITLE IV--NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND
WORKFORCE
SEC. 401. REPORT ON ADVANCED METHODS OF MANUFACTURING AND CONSTRUCTION
FOR NUCLEAR ENERGY APPLICATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the appropriate
committees of Congress a report (referred to in this section as the
``report'') on manufacturing and construction for nuclear energy
applications.
(b) Stakeholder Input.--In developing the report, the Commission
shall seek input from--
(1) the Secretary of Energy;
(2) the nuclear energy industry;
(3) National Laboratories;
(4) institutions of higher education;
(5) nuclear and manufacturing technology developers;
(6) the manufacturing and construction industries,
including manufacturing and construction companies with
operating facilities in the United States;
(7) standards development organizations;
(8) labor unions;
(9) nongovernmental organizations; and
(10) other public stakeholders.
(c) Contents.--
(1) In general.--The report shall--
(A) examine any unique licensing issues or
requirements relating to the use of innovative--
(i) advanced manufacturing processes;
(ii) advanced construction techniques; and
(iii) rapid improvement or iterative
innovation processes;
(B) examine--
(i) the requirements for nuclear-grade
components in manufacturing and construction
for nuclear energy applications;
(ii) opportunities to use standard
materials, parts, or components in
manufacturing and construction for nuclear
energy applications;
(iii) opportunities to use standard
materials that are in compliance with existing
codes to provide acceptable approaches to
support or encapsulate new materials that do
not yet have applicable codes; and
(iv) requirements relating to the transport
of a fueled advanced nuclear reactor core from
a manufacturing licensee to a licensee that
holds a license to construct and operate a
facility at a particular site;
(C) identify any safety aspects of innovative
advanced manufacturing processes and advanced
construction techniques that are not addressed by
existing codes and standards, so that generic guidance
may be updated or created, as necessary;
(D) identify options for addressing the issues,
requirements, and opportunities examined under
subparagraphs (A) and (B)--
(i) within the existing regulatory
framework; or
(ii) through a new rulemaking;
(E) identify how addressing the issues,
requirements, and opportunities examined under
subparagraphs (A) and (B) will impact opportunities for
domestic nuclear manufacturing and construction
developers; and
(F) describe the extent to which Commission action
is needed to implement any matter described in the
report.
(2) Cost estimates, budgets, and timeframes.--The report
shall include cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and performance-based
regulatory guidance for manufacturing and construction for
nuclear energy applications.
SEC. 402. NUCLEAR ENERGY TRAINEESHIP.
Section 313 of division C of the Omnibus Appropriations Act, 2009
(42 U.S.C. 16274a), is amended--
(1) in subsection (a), by striking ``Nuclear Regulatory'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``and subsection (c)'' after
``paragraph (2)'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph
(5); and
(B) by striking paragraph (1) and inserting the
following:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(4) National laboratory.--The term `National Laboratory'
has the meaning given the term in section 951(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(b)).'';
(4) in subsection (d)(2), by striking ``Nuclear
Regulatory'';
(5) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(6) by inserting after subsection (b) the following:
``(c) Nuclear Energy Traineeship Subprogram.--
``(1) In general.--The Commission shall establish, as a
subprogram of the Program, a nuclear energy traineeship
subprogram under which the Commission, in coordination with
institutions of higher education and trade schools, shall
competitively award traineeships that provide focused training
to meet critical mission needs of the Commission and nuclear
workforce needs, including needs relating to--
``(A) nuclear criticality safety; and
``(B) the nuclear tradecraft workforce.
``(2) Requirements.--In carrying out the nuclear energy
traineeship subprogram described in paragraph (1), the
Commission shall--
``(A) coordinate with the Secretary of Energy to
prioritize the funding of traineeships that focus on--
``(i) nuclear workforce needs; and
``(ii) critical mission needs of the
Commission;
``(B) encourage appropriate partnerships among--
``(i) National Laboratories;
``(ii) institutions of higher education;
``(iii) trade schools;
``(iv) the nuclear energy industry; and
``(v) other entities, as the Commission
determines to be appropriate; and
``(C) on an annual basis, evaluate nuclear
workforce needs for the purpose of implementing
traineeships in focused topical areas that--
``(i) address the workforce needs of the
nuclear energy community; and
``(ii) support critical mission needs of
the Commission.''.
SEC. 403. REPORT ON COMMISSION READINESS AND CAPACITY TO LICENSE
ADDITIONAL CONVERSION AND ENRICHMENT CAPACITY TO REDUCE
RELIANCE ON URANIUM FROM RUSSIA.
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 the readiness and capacity of the Commission to license
additional conversion and enrichment capacity at existing and new fuel
cycle facilities to reduce reliance on nuclear fuel that is recovered,
converted, enriched, or fabricated by an entity that--
(1) is owned or controlled by the Government of the Russian
Federation; or
(2) is organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation.
SEC. 404. ANNUAL REPORT ON THE SPENT NUCLEAR FUEL AND HIGH-LEVEL
RADIOACTIVE WASTE INVENTORY IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(3) Standard contract.--The term ``standard contract'' has
the meaning given the term ``contract'' in section 961.3 of
title 10, Code of Federal Regulations (or a successor
regulation).
(b) Report.--Not later than January 1, 2025, and annually
thereafter, the Secretary of Energy shall submit to Congress a report
that describes--
(1) the annual and cumulative amount of payments made by
the United States to the holder of a standard contract due to a
partial breach of contract under the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101 et seq.) resulting in financial
damages to the holder;
(2) the cumulative amount spent by the Department of Energy
since fiscal year 2008 to reduce future payments projected to
be made by the United States to any holder of a standard
contract due to a partial breach of contract under the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
(3) the cumulative amount spent by the Department of Energy
to store, manage, and dispose of spent nuclear fuel and high-
level radioactive waste in the United States as of the date of
the report;
(4) the projected lifecycle costs to store, manage,
transport, and dispose of the projected inventory of spent
nuclear fuel and high-level radioactive waste in the United
States, including spent nuclear fuel and high-level radioactive
waste expected to be generated from existing reactors through
2050;
(5) any mechanisms for better accounting of liabilities for
the lifecycle costs of the spent nuclear fuel and high-level
radioactive waste inventory in the United States; and
(6) any recommendations for improving the methods used by
the Department of Energy for the accounting of spent nuclear
fuel and high-level radioactive waste costs and liabilities.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS FOR SUPERFUND ACTIONS AT
ABANDONED MINING SITES ON TRIBAL LAND.
(a) Definitions.--In this section:
(1) Eligible non-npl site.--The term ``eligible non-NPL
site'' means a site--
(A) that is not on the National Priorities List;
but
(B) with respect to which the Administrator
determines that--
(i) the site would be eligible for listing
on the National Priorities List based on the
presence of hazards from contamination at the
site, applying the hazard ranking system
described in section 105(c) of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9605(c)); and
(ii) for removal site evaluations,
engineering evaluations/cost analyses, remedial
planning activities, remedial investigations
and feasibility studies, and other actions
taken pursuant to section 104(b) of that Act
(42 U.S.C. 9604), the site--
(I) has undergone a pre-CERCLA
screening; and
(II) is included in the Superfund
Enterprise Management System.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(3) National priorities list.--The term ``National
Priorities List'' means the National Priorities List developed
by the President in accordance with section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).
(4) Remedial action; removal; response.--The terms
``remedial action'', ``removal'', and ``response'' have the
meanings given those terms in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(5) Tribal land.--The term ``Tribal land'' has the meaning
given the term ``Indian country'' in section 1151 of title 18,
United States Code.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2023 through 2032, to remain
available until expended--
(1) $97,000,000 to the Administrator to carry out this
section (except for subsection (d)); and
(2) $3,000,000 to the Administrator of the Agency for Toxic
Substances and Disease Registry to carry out subsection (d).
(c) Uses of Amounts.--Amounts appropriated under subsection (b)(1)
shall be used by the Administrator--
(1) to carry out removal actions on abandoned mine land
located on Tribal land;
(2) to carry out response actions, including removal and
remedial planning activities, removal and remedial studies,
remedial actions, and other actions taken pursuant to section
104(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(b)) on
abandoned mine land located on Tribal land at--
(A) eligible non-NPL sites; and
(B) sites listed on the National Priorities List;
and
(3) to make grants under subsection (e).
(d) Health Assessments.--Subject to the availability of
appropriations, the Agency for Toxic Substances and Disease Registry,
in coordination with Tribal health authorities, shall perform 1 or more
health assessments at each eligible non-NPL site that is located on
Tribal land, in accordance with section 104(i)(6) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(i)(6)).
(e) Tribal Grants.--
(1) In general.--The Administrator may use amounts
appropriated under subsection (b)(1) to make grants to eligible
entities described in paragraph (2) for the purposes described
in paragraph (3).
(2) Eligible entities described.--An eligible entity
referred to in paragraph (1) is--
(A) the governing body of an Indian Tribe; or
(B) a legally established organization of Indians
that--
(i) is controlled, sanctioned, or chartered
by the governing bodies of 2 or more Indian
Tribes to be served, or that is democratically
elected by the adult members of the Indian
community to be served, by that organization;
and
(ii) includes the maximum participation of
Indians in all phases of the activities of that
organization.
(3) Use of grant funds.--A grant under this subsection
shall be used--
(A) in accordance with the second sentence of
section 117(e)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9617(e)(1));
(B) for obtaining technical assistance in carrying
out response actions under subparagraph (C); or
(C) for carrying out response actions, if the
Administrator determines that the Indian Tribe has the
capability to carry out any or all of those response
actions in accordance with the criteria and priorities
established pursuant to section 105(a)(8) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)).
(4) Applications.--An eligible entity desiring a grant
under this subsection shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require.
(5) Limitations.--A grant under this subsection shall be
governed by the rules, procedures, and limitations described in
section 117(e)(2) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9617(e)(2)),
except that--
(A) ``Administrator of the Environmental Protection
Agency'' shall be substituted for ``President'' each
place it appears in that section; and
(B) in the first sentence of that section, ``under
section 405 of the ADVANCE Act of 2023'' shall be
substituted for ``under this subsection''.
(f) Statute of Limitations.--If a remedial action described in
subsection (c)(2) is scheduled at an eligible non-NPL site, no action
may be commenced for damages (as defined in section 101 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601)) with respect to that eligible non-NPL site
unless the action is commenced within the timeframe provided for such
actions with respect to facilities on the National Priorities List in
the first sentence of the matter following subparagraph (B) of section
113(g)(1) of that Act (42 U.S.C. 9613(g)(1)).
(g) Coordination.--The Administrator shall coordinate with the
Indian Tribe on whose land the applicable site is located in--
(1) selecting and prioritizing sites for response actions
under paragraphs (1) and (2) of subsection (c); and
(2) carrying out those response actions.
SEC. 406. DEVELOPMENT, QUALIFICATION, AND LICENSING OF ADVANCED NUCLEAR
FUEL CONCEPTS.
(a) In General.--The Commission shall establish an initiative to
enhance preparedness and coordination with respect to the qualification
and licensing of advanced nuclear fuel.
(b) Agency Coordination.--Not later than 180 days after the date of
enactment of this Act, the Commission and the Secretary of Energy shall
enter into a memorandum of understanding--
(1) to share technical expertise and knowledge through--
(A) enabling the testing and demonstration of
accident tolerant fuels for existing commercial nuclear
reactors and advanced nuclear reactor fuel concepts to
be proposed and funded, in whole or in part, by the
private sector;
(B) operating a database to store and share data
and knowledge relevant to nuclear science and
engineering between Federal agencies and the private
sector;
(C) leveraging expertise with respect to safety
analysis and research relating to advanced nuclear
fuel; and
(D) enabling technical staff to actively observe
and learn about technologies, with an emphasis on
identification of additional information needed with
respect to advanced nuclear fuel; and
(2) to ensure that--
(A) the Department of Energy has sufficient
technical expertise to support the timely research,
development, demonstration, and commercial application
of advanced nuclear fuel;
(B) the Commission has sufficient technical
expertise to support the evaluation of applications for
licenses, permits, and design certifications and other
requests for regulatory approval for advanced nuclear
fuel;
(C)(i) the Department of Energy maintains and
develops the facilities necessary to enable the timely
research, development, demonstration, and commercial
application by the civilian nuclear industry of
advanced nuclear fuel; and
(ii) the Commission has access to the facilities
described in clause (i), as needed; and
(D) the Commission consults, as appropriate, with
the modeling and simulation experts at the Office of
Nuclear Energy of the Department of Energy, at the
National Laboratories, and within industry fuel vendor
teams in cooperative agreements with the Department of
Energy to leverage physics-based computer modeling and
simulation capabilities.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing the
efforts of the Commission under subsection (a), including--
(A) an assessment of the preparedness of the
Commission to review and qualify for use--
(i) accident tolerant fuel;
(ii) ceramic cladding materials;
(iii) fuels containing silicon carbide;
(iv) high-assay, low-enriched uranium
fuels;
(v) molten-salt based liquid fuels;
(vi) fuels derived from spent nuclear fuel
or depleted uranium; and
(vii) other related fuel concepts, as
determined by the Commission;
(B) activities planned or undertaken under the
memorandum of understanding described in subsection
(b);
(C) an accounting of the areas of research needed
with respect to advanced nuclear fuel; and
(D) any other challenges or considerations
identified by the Commission.
(2) Consultation.--In developing the report under paragraph
(1), the Commission shall seek input from--
(A) the Secretary of Energy;
(B) National Laboratories;
(C) the nuclear energy industry;
(D) technology developers;
(E) nongovernmental organizations; and
(F) other public stakeholders.
TITLE V--IMPROVING COMMISSION EFFICIENCY
SEC. 501. COMMISSION WORKFORCE.
(a) Definition of Chairman.--In this section, the term ``Chairman''
means the Chairman of the Commission.
(b) Appointment Authority.--
(1) In general.--Notwithstanding section 161 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision of
Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C.
app.) governing appointments, and any provision of title 5,
United States Code, governing appointments and General Schedule
classification and pay rates, the Chairman may appoint persons
to the positions described in paragraph (2), subject to the
limitation described in paragraph (3), without regard to the
civil service laws.
(2) Positions described.--The positions referred to in
paragraph (1) are--
(A) positions with highly specialized scientific,
engineering, and technical competencies to address a
critical need for the Commission, including--
(i) health physicist;
(ii) reactor operations engineer;
(iii) human factors analyst or engineer;
(iv) risk and reliability analyst or
engineer;
(v) licensing project manager;
(vi) reactor engineer for severe accidents;
(vii) geotechnical engineer;
(viii) structural engineer;
(ix) reactor systems engineer;
(x) reactor engineer;
(xi) radiation scientist; and
(xii) electronics engineer; or
(B) positions to be filled by exceptionally well-
qualified individuals that the Commission determines
are necessary to fulfill the mission of the Commission.
(3) Limitation.--The Chairman may appoint persons to not
more than--
(A) 90 positions described in paragraph (2)(A); and
(B) 90 positions described in paragraph (2)(B).
(4) Hiring bonus.--The Commission may pay any employee
appointed under paragraph (1) a 1-time hiring bonus in an
amount not to exceed the least of--
(A) $25,000;
(B) the amount equal to 15 percent of the annual
rate of basic pay of the employee; and
(C) the amount of the limitation that is applicable
for a calendar year under section 5307(a)(1) of title
5, United States Code.
(5) Application of merit system principles.--To the maximum
extent practicable, the Chairman shall appoint persons under
paragraph (1) to the positions described in paragraph (2) in
accordance with the merit system principles set forth in
section 2301 of title 5, United States Code.
(c) Compensation Authority.--
(1) In general.--Notwithstanding section 161 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2201(d)) and chapter 51,
and subchapter III of chapter 53, of title 5, United States
Code, the Chairman may fix the rate of basic pay for the
positions of individuals described in paragraph (2), subject to
the limitation described in paragraph (3), in accordance with
this subsection.
(2) Individuals described.--The individuals referred to in
paragraph (1) are--
(A) individuals with highly specialized scientific,
engineering, and technical competencies to address a
critical need for the Commission, including individuals
with expertise in--
(i) health physics;
(ii) reactor operations engineering;
(iii) human factors analysis or
engineering;
(iv) risk and reliability analysis or
engineering;
(v) licensing project management;
(vi) reactor engineering for severe
accidents;
(vii) geotechnical engineering;
(viii) structural engineering;
(ix) reactor systems engineering;
(x) reactor engineering;
(xi) radiation science; and
(xii) electronics engineering; or
(B) exceptionally well-qualified individuals that
the Commission determines are necessary to fulfill the
mission of the Commission.
(3) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), the annual rate of basic pay for an individual
described in paragraph (2) may not exceed the per annum
rate of salary payable for level III of the Executive
Schedule under section 5314 of title 5, United States
Code, without regard to the civil service laws.
(B) Certain positions.--The Chairman may set the
annual rate of basic pay for an individual described in
paragraph (2) for not more than--
(i) 90 persons appointed to positions
described in paragraph (2)(A); and
(ii) 90 persons appointed to positions
described in paragraph (2)(B).
(d) No Delegation.--The Chairman may not delegate the authority
provided by subsection (b) or (c).
(e) Annual Solicitation for Nuclear Regulator Apprenticeship
Network Applications.--The Chairman, on an annual basis, shall solicit
applications for the Nuclear Regulator Apprenticeship Network.
(f) Report.--The Chairman shall include in the annual budget
justification of the Commission information that describes--
(1) the total number of and the positions of the persons
appointed under the authority provided by subsection (b);
(2) the total number of and the positions of the persons
paid at the rate determined under the authority provided by
subsection (c);
(3) how the authority provided by subsections (b) and (c)
is being used, and has been used during the previous fiscal
year, to address the hiring and retention needs of the
Commission with respect to the positions described in those
subsections to which that authority is applicable; and
(4) if the authority provided by subsections (b) and (c) is
not being used, or has not been used, the reasons, including a
justification, for not using that authority.
SEC. 502. COMMISSION CORPORATE SUPPORT FUNDING.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Commission shall submit to the appropriate committees of
Congress and make publicly available a report that describes--
(1) the progress on the implementation of section 102(a)(3)
of the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(a)(3)); and
(2) whether the Commission is meeting and is expected to
meet the total budget authority caps required for corporate
support under that section.
(b) Limitation on Corporate Support Costs.--Section 102(a)(3) of
the Nuclear Energy Innovation and Modernization Act (42 U.S.C.
2215(a)(3)) is amended by striking subparagraphs (B) and (C) and
inserting the following:
``(B) 30 percent for fiscal year 2024 and each
fiscal year thereafter.''.
(c) Corporate Support Costs Clarification.--Paragraph (9) of
section 3 of the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215 note; Public Law 115-439) (as redesignated by section
201(a)(1)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Exclusions.--The term `corporate support
costs' does not include--
``(i) costs for rent and utilities relating
to any and all space in the Three White Flint
North building that is not occupied by the
Commission; or
``(ii) costs for salaries, travel, and
other support for the Office of the
Commission.''.
SEC. 503. PERFORMANCE AND REPORTING UPDATE.
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 established under paragraph
(1).
``(B) Revisions.--After each review and assessment
under subparagraph (A), the Commission shall revise and
improve, as appropriate, the performance metrics and
milestone schedules described in that subparagraph to
provide the most efficient metrics and schedules
reasonably achievable.''.
TITLE VI--MISCELLANEOUS
SEC. 601. NUCLEAR CLOSURE COMMUNITIES.
(a) Definitions.--In this section:
(1) Community advisory board.--The term ``community
advisory board'' means a community committee or other advisory
organization that aims to foster communication and information
exchange between a licensee planning for and involved in
decommissioning activities and members of the community that
decommissioning activities may affect.
(2) Decommission.--The term ``decommission'' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or successor regulations).
(3) Eligible recipient.--The term ``eligible recipient''
has the meaning given the term in section 3 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3122).
(4) Licensee.--The term ``licensee'' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or successor regulations).
(5) Nuclear closure community.--The term ``nuclear closure
community'' means a unit of local government, including a
county, city, town, village, school district, or special
district, that has been impacted, or reasonably demonstrates to
the satisfaction of the Secretary that it will be impacted, by
a nuclear power plant licensed by the Commission that--
(A) is not co-located with an operating nuclear
power plant;
(B) is at a site with spent nuclear fuel; and
(C) as of the date of enactment of this Act--
(i) has ceased operations; or
(ii) has provided a written notification to
the Commission that it will cease operations.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary of Commerce
for Economic Development.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a grant program to
provide grants to eligible recipients--
(1) to assist with economic development in nuclear closure
communities; and
(2) to fund community advisory boards in nuclear closure
communities.
(c) Requirement.--In carrying out this section, to the maximum
extent practicable, the Secretary shall implement the recommendations
described in the report submitted to Congress under section 108 of the
Nuclear Energy Innovation and Modernization Act (Public Law 115-439;
132 Stat. 5577) entitled ``Best Practices for Establishment and
Operation of Local Community Advisory Boards Associated with
Decommissioning Activities at Nuclear Power Plants''.
(d) Distribution of Funds.--The Secretary shall establish a formula
to ensure, to the maximum extent practicable, geographic diversity
among grant recipients under this section.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary--
(A) to carry out subsection (b)(1), $35,000,000 for
each of fiscal years 2023 through 2028; and
(B) to carry out subsection (b)(2), $5,000,000 for
each of fiscal years 2023 through 2025.
(2) Availability.--Amounts made available under this
section shall remain available for a period of 5 years
beginning on the date on which the amounts are made available.
(3) No offset.--None of the funds made available under this
section may be used to offset the funding for any other Federal
program.
SEC. 602. 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''.
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