[118th Congress Public Law 67]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 1447]]
Public Law 118-67
118th Congress
An Act
To authorize appropriations for the United States Fire Administration
and firefighter assistance grant programs, to advance the benefits of
nuclear energy, and for other purposes. <<NOTE: July 9, 2024 - [S.
870]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DIVISION A <<NOTE: Fire Grants and Safety Act of 2023.>> --FIRE GRANTS
AND SAFETY
SECTION 1. <<NOTE: 15 USC 2201 note.>> SHORT TITLE.
This division may be cited as the ``Fire Grants and Safety Act of
2023''.
SEC. 2. REAUTHORIZATION OF THE UNITED STATES FIRE ADMINISTRATION.
Section 17(g)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (L), by striking ``and'' after the
semicolon;
(2) in subparagraph (M)--
(A) by striking ``for for'' and inserting ``for'';
and
(B) by striking the period and inserting ``; and'';
and
(3) by adding at the end the following new subparagraraph:
``(N) $95,000,000 for each of fiscal years 2024
through 2028, of which $3,420,000 for each such fiscal
year shall be used to carry out section 8(f).''.
SEC. 3. REAUTHORIZATION OF ASSISTANCE TO FIREFIGHTERS GRANTS
PROGRAM AND THE FIRE PREVENTION AND SAFETY
GRANTS PROGRAM.
(a) Sunset.--Section 33(r) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(r)) is amended by striking ``2024''
and inserting ``2030''.
(b) Authorization of Appropriations.--Section 33(q)(1) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(q)(1))
is amended by striking ``to carry out this section--'' and all that
follows through ``the fiscal year described in clause (i)'' and
inserting ``to carry out this section $750,000,000 for each of fiscal
years 2024 through 2028''.
SEC. 4. REAUTHORIZATION OF STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE GRANT PROGRAM.
(a) Sunset.--Section 34(k) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a(k)) is amended by striking ``2024''
and inserting ``2030''.
[[Page 138 STAT. 1448]]
(b) Authorization of Appropriations.--Section 34(j)(1) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a(j)(1)(I)) is amended--
(1) in subparagraph (G), by inserting ``and'' after the
semicolon;
(2) in subparagraph (H), by striking ``fiscal year 2013;
and'' and inserting ``each of fiscal years 2024 through 2028.'';
and
(3) by striking subparagraph (I).
SEC. 5. <<NOTE: Public information.>> GAO AUDIT AND REPORT.
Not later than three years after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct an audit
of and issue a publicly available report on--
(1) barriers that prevent fire departments from accessing
Federal funds; and
(2) the United States Fire Administration.
DIVISION B-- <<NOTE: Accelerating Deployment of Versatile, Advanced
Nuclear for Clean Energy Act of 2024.>> ACCELERATING DEPLOYMENT OF
VERSATILE, ADVANCED NUCLEAR FOR CLEAN ENERGY
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 42 USC 2011 note.>> Short Title.--This division may be
cited as the ``Accelerating Deployment of Versatile, Advanced Nuclear
for Clean Energy Act of 2024'' or the ``ADVANCE Act of 2024''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AMERICAN NUCLEAR LEADERSHIP
Sec. 101. International nuclear export and innovation activities.
Sec. 102. Denial of certain domestic licenses for national security
purposes.
Sec. 103. Export license notification.
Sec. 104. Global nuclear energy assessment.
Sec. 105. Process for review and amendment of part 810 generally
authorized destinations.
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. Licensing considerations relating to use of nuclear energy for
nonelectric applications.
Sec. 204. Enabling preparations for the demonstration of advanced
nuclear reactors on Department of Energy sites or critical
national security infrastructure sites.
Sec. 205. Fusion energy regulation.
Sec. 206. Regulatory issues for nuclear facilities at brownfield sites.
Sec. 207. Combined license review procedure.
Sec. 208. Regulatory requirements for micro-reactors.
TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION
Sec. 301. Foreign ownership.
TITLE IV--NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND
WORKFORCE
Sec. 401. Report on advanced methods of manufacturing and construction
for nuclear energy projects.
Sec. 402. Nuclear energy traineeship.
[[Page 138 STAT. 1449]]
Sec. 403. Biennial report on the spent nuclear fuel and high-level
radioactive waste inventory in the United States.
Sec. 404. Development, qualification, and licensing of advanced nuclear
fuel concepts.
TITLE V--IMPROVING COMMISSION EFFICIENCY
Sec. 501. Mission alignment.
Sec. 502. Strengthening the NRC workforce.
Sec. 503. Commission corporate support funding.
Sec. 504. Performance metrics and milestones.
Sec. 505. Nuclear licensing efficiency.
Sec. 506. Modernization of nuclear reactor environmental reviews.
Sec. 507. Improving oversight and inspection programs.
TITLE VI--MISCELLANEOUS
Sec. 601. Technical correction.
Sec. 602. Report on engagement with the Government of Canada with
respect to nuclear waste issues in the Great Lakes Basin.
Sec. 603. Savings clause.
SEC. 2. <<NOTE: 42 USC 2011 note.>> DEFINITIONS.
In this division:
(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).
[[Page 138 STAT. 1450]]
TITLE I--AMERICAN NUCLEAR LEADERSHIP
SEC. 101. <<NOTE: 42 USC 2155b.>> INTERNATIONAL NUCLEAR EXPORT
AND INNOVATION ACTIVITIES.
(a) Commission Coordination.--
(1) In general.--The Commission shall--
(A) coordinate all work of the Commission relating
to--
(i) import and export licensing for nuclear
reactors and radioactive materials; and
(ii) international regulatory cooperation and
assistance relating to nuclear reactors and
radioactive materials, including with countries
that are members of--
(I) the Organisation for Economic
Co-operation and Development; or
(II) the Nuclear Energy Agency; 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 reactors
and use of radioactive materials;
(ii) efforts to help build competent nuclear
regulatory organizations and legal frameworks in
foreign countries that are seeking to develop
civil nuclear industries; and
(iii) exchange programs and training provided,
in coordination with the Secretary of State, to
foreign countries relating to civil nuclear
licensing and oversight to improve the regulation
of nuclear reactors and radioactive materials, 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) the Secretary of State;
(C) the National Laboratories;
(D) the private sector; and
(E) 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 Export and Innovation Branch'', to carry out the
international nuclear export and innovation activities described in
subsection (a) 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 export and innovation
activities.--The Commission shall identify in the annual
[[Page 138 STAT. 1451]]
budget justification international nuclear export and innovation
activities described in section 101(a) of the ADVANCE Act of
2024.''; and
(B) in subsection (b)(1)(B), by adding at the end
the following:
``(iv) Costs for international nuclear export
and innovation activities described in section
101(a) of the ADVANCE Act of 2024.''.
(2) <<NOTE: 42 USC 2215 note.>> Effective date.--The
amendments made by paragraph (1) shall take effect on October 1,
2025.
(d) Interagency Coordination.--The Commission shall coordinate all
international activities under this section with the Secretary of State,
the Secretary of Energy, and other applicable agencies, as appropriate.
(e) Savings Clause.--Nothing in this section alters the authority of
the Commission to license and regulate the civilian use of radioactive
materials.
SEC. 102. <<NOTE: 42 USC 2073 note.>> 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 outside the United
States into fuel assemblies for commercial nuclear power 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)(i)(I).
(B) Determination.--
(i) In general.--The determination referred to
in subparagraph (A) is a determination that
possession or ownership, as applicable, of covered
fuel--
(I) poses a threat to the national
security of the United States, including
because of an adverse
[[Page 138 STAT. 1452]]
impact on the physical and economic
security of the United States; or
(II) does not pose a threat to the
national 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) <<NOTE: Deadlines.>> 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, the Committee on Foreign
Relations of the Senate, the Committee
on Energy and Natural Resources of the
Senate, and the Committee on Foreign
Affairs of the House of Representatives
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 Commission
shall not issue a license if the Secretary of Energy and
the Secretary of State have not made a determination
described in subparagraph (B).
(d) Savings Clause.--Nothing in this section alters any treaty or
international agreement in effect on the date of enactment of this Act
or that enters into force after the date of enactment of this Act.
SEC. 103. <<NOTE: 42 USC 2155 note.>> EXPORT LICENSE
NOTIFICATION.
(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) Notification.--If the Commission, after consultation with the
Secretary of State and any other relevant agencies, issues an export
license for the transfer of any item described in subsection
[[Page 138 STAT. 1453]]
(d) to a country described in subsection (c), the Commission shall
notify the appropriate committees of Congress, the Committee on Foreign
Relations of the Senate, the Committee on Energy and Natural Resources
of the Senate, and the Committee on Foreign Affairs of the House of
Representatives.
(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.
SEC. 104. GLOBAL NUCLEAR ENERGY ASSESSMENT.
(a) <<NOTE: Deadline.>> 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--
(1) the civilian nuclear energy industry; and
(2) the supply chains of the civilian nuclear energy
industry.
(b) Contents.--The study conducted under subsection (a) shall
include--
(1) information on the status of the civilian nuclear energy
industry, the long-term risks to that industry, and the bases
for those risks;
(2) 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;
(3) information on the role the United States civilian
nuclear energy industry plays in United States foreign policy;
(4) information on the importance of the United States
civilian nuclear energy industry to countries that are allied to
the United States;
[[Page 138 STAT. 1454]]
(5) information on how the United States may collaborate
with those countries in developing, deploying, and investing in
nuclear technology;
(6) 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;
(7) <<NOTE: Evaluation.>> an evaluation of how nuclear
nonproliferation and security efforts and nuclear energy safety
are affected by the involvement of the United States in--
(A) international markets; and
(B) setting civilian nuclear energy industry
standards;
(8) <<NOTE: Evaluation.>> 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;
(9) information on utilities and companies in the United
States that are involved in the civilian nuclear energy supply
chain, including, with respect to those utilities and
companies--
(A) financial challenges;
(B) nuclear liability issues;
(C) foreign strategic competition; and
(D) risks to continued operation; and
(10) <<NOTE: Recommenda- tions.>> recommendations for how
the United States may--
(A) develop a national strategy to increase the role
that nuclear energy plays in diplomacy and strategic
energy policy;
(B) develop a strategy to mitigate foreign
competitor's utilization of their civilian nuclear
energy industries in diplomacy;
(C) align the nuclear energy policy of the United
States with national security objectives; and
(D) modernize regulatory requirements to strengthen
the United States civilian nuclear energy supply chain.
(c) Report to Congress.--Not later than 180 days after the study
under subsection (a) is completed, the Secretary of Energy shall submit
to the appropriate committees of Congress the study, including a
classified annex, if necessary.
SEC. 105. <<NOTE: Deadlines. Reviews. 42 USC 2077 note.>> PROCESS
FOR REVIEW AND AMENDMENT OF PART 810
GENERALLY AUTHORIZED DESTINATIONS.
(a) <<NOTE: Deadline. Determination. Lists.>> 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.
(b) <<NOTE: List.>> 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,
[[Page 138 STAT. 1455]]
taking into consideration and, as appropriate, incorporating factors
identified and evaluated under subsection (a).
(c) <<NOTE: Time period.>> 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 section, review the list in Appendix A
to part 810 of title 10, Code of Federal Regulations, and amend such
list as appropriate.
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), (6), (7), (8), (9), (10), (12), (15), (16),
(17), (18), (19), (20), and (21), 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 pre-applicant.--The term
`advanced nuclear reactor pre-applicant' 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).'';
(4) by inserting after paragraph (10) (as so redesignated)
the following:
``(11) Hourly rate for mission-direct program salaries and
benefits.--The term `hourly rate for mission-direct program
salaries and benefits' means the quotient obtained by dividing--
``(A) 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 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 (12) (as so redesignated)
the following:
[[Page 138 STAT. 1456]]
``(13) Mission-direct program salaries and benefits.--The
term `mission-direct program salaries and benefits' 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, as described in the document of the
Commission entitled `FY 2023 Final Fee Rule Work Papers' (or a
successor document).
``(14) Mission-indirect program support.--The term `mission-
indirect program support' has the meaning given the 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)) (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 and
collected from advanced nuclear reactor
applicants.
``(vi) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(C), may not be included in the
hourly rate charged for fees assessed and
collected from advanced nuclear reactor pre-
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) <<NOTE: Assessment.>> 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 and collected from
an advanced nuclear reactor applicant under this
paragraph relating to the review of a submitted
application described in section 3(1) may not exceed the
hourly rate for mission-direct program salaries and
benefits.
``(C) Advanced nuclear reactor pre-applicants.--The
hourly rate charged for fees assessed and collected from
an advanced nuclear reactor pre-applicant under this
paragraph relating to the review of submitted materials
as described in the licensing project plan of an
advanced nuclear reactor pre-applicant may not exceed
the hourly rate for mission-direct program salaries and
benefits.''.
(d) Sunset.--Section 102 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215) is amended by adding at the end the
following:
``(g) Cessation of Effectiveness.--Paragraphs (1)(B)(vi) and (2)(C)
of subsection (b) shall cease to be effective on September 30, 2030.''.
[[Page 138 STAT. 1457]]
(e) <<NOTE: 42 USC 2215 note.>> Effective Date.--The amendments
made by this section shall take effect on October 1, 2025.
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) <<NOTE: 42 USC 2133 note.>> 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
[[Page 138 STAT. 1458]]
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 limitations.--
``(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
[[Page 138 STAT. 1459]]
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) Repayment 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 receives 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.''.
SEC. 203. LICENSING CONSIDERATIONS RELATING TO USE OF NUCLEAR
ENERGY FOR NONELECTRIC APPLICATIONS.
(a) <<NOTE: Reports.>> 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 addressing any unique
licensing issues or requirements relating to--
(1) the flexible operation of advanced 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 under subsection
(a), 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 under subsection (a) 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--
(i) for hydrogen or other liquid and gaseous
fuel or chemical production;
(ii) for water desalination and wastewater
treatment;
(iii) for heat used for industrial processes;
(iv) for district heating;
(v) in relation to energy storage;
(vi) for industrial or medical isotope
production; and
(vii) for other applications, as identified by
the Commission;
(B) options for addressing those issues or
requirements--
[[Page 138 STAT. 1460]]
(i) within the existing regulatory framework;
(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
(iii) <<NOTE: Regulations.>> 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 OR CRITICAL NATIONAL SECURITY
INFRASTRUCTURE 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:
``(vii) 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 critical national
security infrastructure (as defined in
section 327(d) of the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1722)) site; and
``(II) pre-application activities
relating to 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 critical national
security infrastructure (as defined in
section 327(d) of the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1722)) site.''.
(b) <<NOTE: 42 USC 2215 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on October 1, 2025.
SEC. 205. FUSION ENERGY REGULATION.
(a) Definition.--Section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014) is amended--
(1) in subsection e.--
(A) in paragraph (3)(B)--
(i) in clause (i), by inserting ``, including
by use of a fusion machine'' after ``particle
accelerator''; and
(ii) in clause (ii), by inserting ``if made
radioactive by use of a particle accelerator that
is not a fusion machine,'' before ``is produced'';
[[Page 138 STAT. 1461]]
(2) in each of subsections ee. through hh., by inserting a
subsection heading, the text of which comprises the term defined
in the subsection;
(3) by redesignating subsections ee., ff., gg., hh., and jj.
as subsections jj., gg., hh., ii., and ff., respectively, and
moving the subsections so as to appear in alphabetical order;
(4) in subsection dd., by striking ``dd. The'' and inserting
the following:
``ee. High-level Radioactive Waste; Spent Nuclear Fuel.--The''; and
(5) by inserting after subsection cc. the following:
``dd. Fusion Machine.--The term `fusion machine' means a machine
that is capable of--
``(1) transforming atomic nuclei, through fusion processes,
into different elements, isotopes, or other particles; and
``(2) directly capturing and using the resultant products,
including particles, heat, or other electromagnetic
radiation.''.
(b) Technical and Conforming Changes.--
(1) In general.--Section 103(a) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2133 note; Public
Law 115-439) is amended--
(A) in paragraph (4), by striking ``inclusive,'' and
inserting ``inclusive''; and
(B) in paragraph (5)(B)(ii), by inserting
``(including fusion machine license applications)''
after ``commercial advanced nuclear reactor license
applications''.
(2) Definitions.--Section 3 of the Nuclear Energy Innovation
and Modernization Act (42 U.S.C. 2215 note; Public Law 115-439)
(as amended by section 201(a)) is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``or fusion reactor'' and
inserting ``reactor or fusion machine'';
(B) by redesignating paragraphs (11) through (21) as
paragraphs (12) through (22), respectively; and
(C) by inserting after paragraph (10) the following:
``(11) Fusion machine.--The term `fusion machine' has the
meaning given the term in section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014).''.
(c) Report.--
(1) Definitions.--In this subsection:
(A) Agreement state.--The term ``Agreement State''
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).
(B) Fusion machine.--The term ``fusion machine'' has
the meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
(2) Requirement.--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 on--
(A) <<NOTE: Evaluation.>> the results of a study,
conducted in consultation with Agreement States and the
private fusion sector, on risk- and performance-based,
design-specific licensing frameworks for mass-
manufactured fusion machines, including an evaluation of
the design, manufacturing, and
[[Page 138 STAT. 1462]]
operations certification process used by the Federal
Aviation Administration for aircraft as a potential
model for mass-manufactured fusion machine regulations;
and
(B) <<NOTE: Timeline. Guidance.>> the estimated
timeline for the Commission to issue consolidated
guidance or regulations for licensing mass-manufactured
fusion machines, taking into account--
(i) the results of that study; and
(ii) the anticipated need for such guidance or
regulations.
SEC. 206. <<NOTE: 42 USC 2133 note.>> REGULATORY ISSUES FOR
NUCLEAR FACILITIES AT 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) 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.
(3) 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).
(4) 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.
(5) 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) <<NOTE: Deadline. Evaluation. Guidance.>> 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 considering matters relating to siting and
operating a production facility or a utilization facility at or
near a covered site to support--
(A) the reuse of existing site 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) the use of early site permits;
(C) the utilization of plant parameter envelopes or
similar standardized site parameters on a portion of a
larger site; and
(D) the use of a standardized application for
similar sites.
[[Page 138 STAT. 1463]]
(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) <<NOTE: Reviews.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Commission shall--
(A) <<NOTE: Strategies.>> 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; or
(B) <<NOTE: Regulations.>> 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 appropriate committees of
Congress a report describing the actions taken by the Commission under
subsection (c)(1).
SEC. 207. <<NOTE: 42 USC 2235 note.>> COMBINED LICENSE REVIEW
PROCEDURE.
(a) In General.--In accordance with this section, 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(b)).
(b) Qualifications.--To qualify for the expedited procedure under
subsection (a), an applicant--
(1) shall submit a combined license application for a new
nuclear reactor that--
(A) references a design for which the Commission has
issued a design certification (as defined in section
52.1 of title 10, Code of Federal Regulations (or any
successor regulation)); or
(B) has a design that is substantially similar to a
design of a nuclear reactor for which the Commission has
issued a combined license, an operating license, or a
manufacturing license under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.);
(2) <<NOTE: Proposal.>> shall propose to construct the new
nuclear reactor on a site--
[[Page 138 STAT. 1464]]
(A) on which a licensed commercial nuclear reactor
operates or previously operated; or
(B) that is directly adjacent to a site on which a
licensed commercial nuclear reactor operates or
previously operated and has site characteristics that
are substantially similar to that site; and
(3) 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).
(c) <<NOTE: Deadlines.>> Expedited Procedure.--With respect to a
combined license for which the applicant has satisfied the requirements
described in subsection (b), the Commission shall, to the maximum extent
practicable--
(1) not later than 18 months after the date on which the
application is accepted for docketing--
(A) <<NOTE: Reports.>> complete the technical
review process and issue a safety evaluation report; and
(B) <<NOTE: Assessment.>> issue a final
environmental impact statement or environmental
assessment, unless the Commission finds that the
proposed agency action is excluded pursuant to a
categorical exclusion in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(2) <<NOTE: Public information.>> not later than 2 years
after the date on which the application is accepted for
docketing, complete any necessary public licensing hearings and
related processes; and
(3) <<NOTE: Decision.>> not later than 25 months after the
date on which the application is accepted for docketing, make a
final decision on whether to issue the combined license.
(d) Performance and Reporting.--
(1) 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 subsection (c).
(2) Delays in issuance exceeding 90 days.--If any deadline
under subsection (c) is not met by the date that is 90 days
after the applicable date required under that subsection, the
Commission shall submit to the appropriate committees of
Congress a report describing the delay, including--
(A) a detailed explanation accounting for the delay;
and
(B) <<NOTE: Plan.>> a plan for completion of the
applicable action.
SEC. 208. <<NOTE: 42 USC 2133 note.>> REGULATORY REQUIREMENTS FOR
MICRO-REACTORS.
(a) <<NOTE: Deadlines.>> Micro-Reactor Licensing.--The Commission
shall--
(1) <<NOTE: Strategies. Guidance.>> 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--
(A) staffing and operations;
(B) oversight and inspections;
(C) safeguards and security;
(D) emergency preparedness;
(E) <<NOTE: Analysis. Assessments.>> risk analysis
methods, including alternatives to probabilistic risk
assessments;
(F) <<NOTE: Cost estimates.>> decommissioning
funding assurance methods that permit the use of design-
and site-specific cost estimates;
[[Page 138 STAT. 1465]]
(G) the transportation of fueled micro-reactors; and
(H) 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) <<NOTE: Reviews.>> environmental
reviews; and
(2) not later than 3 years after the date of enactment of
this Act, implement, as appropriate, the strategies and guidance
developed under paragraph (1)--
(A) within the existing regulatory framework;
(B) 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
(C) through a pending or new rulemaking.
(b) Considerations.--In developing and implementing strategies and
guidance under subsection (a), the Commission shall consider--
(1) the unique characteristics of micro-reactors, including
characteristics relating to--
(A) physical size;
(B) design simplicity; and
(C) source term;
(2) opportunities to address redundancies and
inefficiencies;
(3) opportunities to consolidate review phases and reduce
transitions between review teams;
(4) opportunities to establish integrated review teams to
ensure continuity throughout the review process; and
(5) 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.
(c) Consultation.--In carrying out subsection (a), the Commission
shall consult with--
(1) the Secretary of Energy;
(2) the heads of other Federal agencies, as appropriate;
(3) micro-reactor technology developers; and
(4) other stakeholders.
TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION
SEC. 301. <<NOTE: 42 USC 2133 note.>> FOREIGN OWNERSHIP.
(a) In General. <<NOTE: Determination.>> --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 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.--
[[Page 138 STAT. 1466]]
(1) In general.--An entity referred to in subsection (a) is
an alien, corporation, or other entity that is owned,
controlled, or dominated by--
(A) the government of--
(i) a country, other than a country described
in paragraph (2), that is a member of the
Organisation for Economic Co-operation and
Development on the date of enactment of this Act;
or
(ii) <<NOTE: India.>> the Republic of India;
(B) a corporation that is incorporated in a country
described in clause (i) or (ii) of subparagraph (A); or
(C) an alien who is a citizen or national of a
country described in clause (i) or (ii) of subparagraph
(A).
(2) Exclusion.--A country described in this paragraph is a
country--
(A) 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
(B) 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).
(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).
TITLE IV-- <<NOTE: Business and industry.>> NUCLEAR FUEL CYCLE, SUPPLY
CHAIN, INFRASTRUCTURE, AND WORKFORCE
SEC. 401. REPORT ON ADVANCED METHODS OF MANUFACTURING AND
CONSTRUCTION FOR NUCLEAR ENERGY PROJECTS.
(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 projects.
(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;
[[Page 138 STAT. 1467]]
(7) standards development organizations;
(8) labor unions;
(9) nongovernmental organizations; and
(10) other public stakeholders.
(c) Contents.--
(1) In general.--The report shall--
(A) <<NOTE: Examination.>> examine any unique
licensing issues or requirements relating to the use,
for nuclear energy projects, of--
(i) advanced manufacturing processes;
(ii) advanced construction techniques; and
(iii) rapid improvement or iterative
innovation processes;
(B) <<NOTE: Examination.>> 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 projects;
(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 and standards; 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 safety aspects of 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 advanced manufacturing and construction
for nuclear energy projects.
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)'';
[[Page 138 STAT. 1468]]
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (5);
and
(B) <<NOTE: Definitions.>> 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 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) <<NOTE: Deadline. Evaluation.>> 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. <<NOTE: 42 USC 10109.>> BIENNIAL REPORT ON THE SPENT
NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE
WASTE INVENTORY IN THE UNITED STATES.
(a) Definitions.--In this section:
[[Page 138 STAT. 1469]]
(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 any successor
regulation).
(b) <<NOTE: Time periods.>> Report.--Not later than January 1,
2026, and biennially 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;
(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;
(7) any actions taken in the previous fiscal year by the
Department of Energy with respect to interim storage; and
(8) any activities taken in the previous fiscal year by the
Department of Energy to develop and deploy nuclear technologies
and fuels that enhance the safe transportation or storage of
spent nuclear fuel or high-level radioactive waste, including
technologies to protect against seismic, flooding, and other
extreme weather events.
SEC. 404. <<NOTE: 42 USC 16281 note.>> 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) <<NOTE: Deadline. Memorandum.>> 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--
[[Page 138 STAT. 1470]]
(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) <<NOTE: Data.>> 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) <<NOTE: Consultation.>> 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 2 years 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) <<NOTE: Assessment. Review.>> 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) <<NOTE: Records.>> an accounting of the areas
of research needed with respect to advanced nuclear
fuel; and
[[Page 138 STAT. 1471]]
(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. <<NOTE: 42 USC 2201 note.>> MISSION ALIGNMENT.
(a) Update. <<NOTE: Deadline.>> --Not later than 1 year after the
date of enactment of this Act, the Commission shall, while remaining
consistent with the policies of the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.) and the Energy Reorganization Act of 1974 (42 U.S.C. 5801
et seq.) (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 the civilian use of radioactive materials and nuclear
energy be conducted in a manner that is efficient and does not
unnecessarily limit--
(1) the civilian use of radioactive materials and deployment
of nuclear energy; or
(2) the benefits of civilian use of radioactive materials
and nuclear energy technology to society.
(b) Report.--On completion of the update to the mission statement
required under subsection (a), the Commission shall submit to the
appropriate committees of Congress a report that describes--
(1) the updated mission statement; and
(2) the guidance that the Commission will provide to staff
of the Commission to ensure effective performance of the mission
of the Commission.
SEC. 502. 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. <<NOTE: 42 USC 2201b.>> COMMISSION WORKFORCE.
``(a) <<NOTE: Appointments.>> Direct Hire Authority.--
``(1) In general.--Notwithstanding section 161 d. of this
Act and any provision 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 section 3328), United States Code, governing
appointments in the civil service, the Chairman of the Nuclear
Regulatory Commission (in this section referred to as the
`Chairman') may, in order to carry out the Nuclear Regulatory
Commission's (in this section referred to as the
[[Page 138 STAT. 1472]]
`Commission') responsibilities and activities in a timely,
efficient, and effective manner and subject to the limitations
described in paragraphs (2), (3), and (4)--
``(A) recruit and directly appoint exceptionally
well-qualified individuals into the excepted service for
covered positions; and
``(B) <<NOTE: Time period.>> establish in the
excepted service term-limited covered positions and
recruit and directly appoint exceptionally well-
qualified individuals into such term-limited covered
positions, which may not exceed a term of 4 years.
``(2) Limitations.--
``(A) Number.--
``(i) In general.--The number of exceptionally
well-qualified individuals serving in covered
positions pursuant to paragraph (1)(A) may not
exceed 210 at any one time.
``(ii) Term-limited covered positions.--The
Chairman may not appoint more than 20
exceptionally well-qualified individuals into
term-limited covered positions pursuant to
paragraph (1)(B) during any fiscal year.
``(B) Compensation.--
``(i) Annual rate.--The annual basic rate of
pay for any individual appointed under paragraph
(1)(A) or paragraph (1)(B) may not exceed the
annual basic rate of pay for level III of the
Executive Schedule under section 5314 of title 5,
United States Code.
``(ii) Experience and qualifications.--Any
individual recruited and directly appointed into a
covered position or a term-limited covered
position shall be compensated at a rate of pay
that is commensurate with such individual's
experience and qualifications.
``(C) Senior executive service position.--The
Chairman may not, under paragraph (1)(A) or paragraph
(1)(B), appoint exceptionally well-qualified individuals
to any Senior Executive Service position, as defined in
section 3132 of title 5, United States Code.
``(3) Level of positions.--To the extent practicable, in
carrying out paragraph (1) the Chairman shall recruit and
directly appoint exceptionally well-qualified individuals into
the excepted service to entry, mid, and senior level covered
positions, including term-limited covered positions.
``(4) Consideration of future workforce needs.--When
recruiting and directly appointing exceptionally well-qualified
individuals to covered positions pursuant to paragraph (1)(A),
to maintain sufficient flexibility under the limitations of
paragraph (2)(A)(i), the Chairman shall consider the future
workforce needs of the Commission to carry out its
responsibilities and activities in a timely, efficient, and
effective manner.
``(b) Addressing Insufficient Compensation of Employees and Other
Personnel of the Commission.--
``(1) In general.--Notwithstanding any other provision of
law, the Chairman may fix the compensation for 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.
[[Page 138 STAT. 1473]]
``(2) Applicability.--The authority under this subsection to
fix the compensation of employees or other personnel 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.
``(3) Limitations on compensation.--
``(A) Annual rate.--The Chairman may not use the
authority under paragraph (1) to fix the compensation of
employees or other personnel--
``(i) at an annual rate of basic pay higher
than the annual basic rate of pay for level III of
the Executive Schedule under section 5314 of title
5, United States Code; or
``(ii) at an annual rate of basic pay that is
not commensurate with such an employee or other
personnel's experience and qualifications.
``(B) Senior executive service positions.--The
Chairman may not use the authority under paragraph (1)
to fix the compensation of an employee serving in a
Senior Executive Service position, as defined in section
3132 of title 5, United States Code.
``(c) Additional Compensation Authority.--
``(1) For new employees.--The Chairman may pay an individual
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 <<NOTE: Determination.>> .--Subject
to subparagraphs (B) and (C), 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) Exceptional performance.--Exceptional
performance under subparagraph (A) includes--
``(i) leading a project team in a timely and
efficient licensing review to enable the safe use
of nuclear technology;
``(ii) making significant contributions to a
timely and efficient licensing review to enable
the safe use of nuclear technology;
``(iii) the resolution of novel or first-of-a-
kind regulatory issues;
``(iv) developing or implementing licensing or
regulatory oversight processes to improve the
effectiveness of the Commission; and
``(v) other performance, as determined by the
Chairman.
``(C) 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
[[Page 138 STAT. 1474]]
receive a performance bonus under subparagraph (A)
unless more than one year has elapsed since the
payment of such 1-time hiring bonus.
``(iii) No bonus for senior executive service
positions.--No person serving in a Senior
Executive Service position, as defined in section
3132 of title 5, United States Code, may receive a
performance bonus under subparagraph (A).
``(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 fiscal year 2026 and each
fiscal year thereafter, information relating to hiring,
vacancies, and compensation at the Commission.
``(2) Inclusions.--The information described in paragraph
(1) shall include--
``(A) <<NOTE: Analysis.>> 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) how the authority provided by subsection
(a) is being used to address the hiring needs of
the Commission;
``(ii) the total number of exceptionally well-
qualified individuals serving in--
``(I) covered positions described in
subsection (g)(1) pursuant to subsection
(a)(1)(A);
``(II) covered positions described
in subsection (g)(2) pursuant to
subsection (a)(1)(A);
[[Page 138 STAT. 1475]]
``(III) term-limited covered
positions described in subsection (g)(1)
pursuant to subsection (a)(1)(B); and
``(IV) term-limited covered
positions described in subsection (g)(2)
pursuant to subsection (a)(1)(B);
``(iii) how the authority provided by
subsection (b) 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); and
``(v) 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
``(D) <<NOTE: Assessment.>> 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) <<NOTE: Definition.>> Covered Position.--In this section, the
term `covered position' means--
``(1) a position in which an employee or other personnel is
responsible for conducting work of a highly-specialized
scientific, technical, engineering, mathematical, or otherwise
skilled nature to address a critical licensing or regulatory
oversight need for the Commission; or
``(2) a position that the Executive Director for Operations
of the Commission determines is necessary to fulfill the
responsibilities of the Commission in a timely, efficient, and
effective manner.
``(h) Sunset.--
``(1) In general.--Except as provided in paragraph (2), the
authorities provided by subsections (a) and (b) shall terminate
on September 30, 2034.
``(2) Certification.--If, no later than the date referenced
in paragraph (1), the Commission issues a certification that the
authorities provided by subsection (a), subsection (b), or both
subsections are necessary for the Commission to carry out its
responsibilities and activities in a timely, efficient, and
effective manner, the authorities provided by the applicable
subsection shall terminate on September 30, 2039.
``(3) Compensation.--The termination of the authorities
provided by subsections (a) and (b) 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 subsection (a) or (b).''.
[[Page 138 STAT. 1476]]
(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, 2033, the Comptroller General of the United States shall
submit to the Committee on Energy and Commerce and the Committee on
Oversight and Accountability of the House of Representatives and the
Committee on Environment and Public Works and the Committee on Homeland
Security and Governmental Affairs of the Senate a report that--
(1) <<NOTE: Evaluation.>> 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 exceptionally well-
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) <<NOTE: Assessment.>> 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 Commission fulfill its mission;
(4) <<NOTE: Recommenda- tions.>> makes recommendations to
improve the Commission's strategic workforce management; and
(5) <<NOTE: Recommenda- tions.>> makes recommendations with
respect to whether Congress should extend, 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) <<NOTE: 42 USC 2201b note.>> Annual Solicitation for Nuclear
Regulator Apprenticeship Network Applications.--The Commission, on an
annual basis, shall solicit applications for the Nuclear Regulator
Apprenticeship Network.
SEC. 503. COMMISSION CORPORATE SUPPORT FUNDING.
(a) <<NOTE: Public information.>> Report.--Not later than 3 years
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 2025 and each
fiscal year thereafter.''.
(c) Corporate Support Costs Clarification.--Paragraph (10) 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--
[[Page 138 STAT. 1477]]
(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. 504. 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 <<NOTE: Deadline.>> .--
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.''.
SEC. 505. NUCLEAR LICENSING EFFICIENCY.
(a) 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--
[[Page 138 STAT. 1478]]
``(1) <<NOTE: Guidance.>> establish techniques and guidance
for evaluating applications for licenses for nuclear reactors to
support efficient, timely, and predictable reviews of
applications for those licenses to enable the safe and secure
use of nuclear reactors;
``(2) <<NOTE: Assessments.>> maintain the techniques and
guidance established under paragraph (1) by periodically
assessing and, if necessary, modifying those techniques and
guidance; and
``(3) obtain approval from the Commission if establishment
or modification of the techniques and guidance under paragraph
(1) or (2) involves policy formulation.''.
(b) 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) In General.--The provisions of''; and
(B) by adding at the end the following:
``(b) Efficient Licensing Reviews.--The Commission shall provide for
efficient and timely reviews and proceedings for the granting,
suspending, revoking, or amending of any--
``(1) license or construction permit; or
``(2) application to transfer control.''.
(c) 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.''.
SEC. 506. MODERNIZATION OF NUCLEAR REACTOR ENVIRONMENTAL REVIEWS.
(a) In General <<NOTE: Reports. Assessments.>> .--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 efforts
of the Commission to facilitate efficient, timely, and predictable
environmental reviews of nuclear reactor applications for a license
under section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133),
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 (Public Law 118-5; 137 Stat.
38);
(2) consider--
(A) using, through adoption, incorporation by
reference, or other appropriate means, categorical
exclusions, environmental assessments, and environmental
impact statements
[[Page 138 STAT. 1479]]
prepared by other Federal agencies to streamline
environmental reviews of applications described in
subsection (a) by the Commission;
(B) using categorical exclusions, environmental
assessments, and environmental impact statements
prepared by the Commission to streamline environmental
reviews of applications described in subsection (a) by
the Commission;
(C) using mitigated findings of no significant
impact in environmental reviews of applications
described in subsection (a) 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 applications described in
subsection (a) 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 applications described in
subsection (a) 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 applications described in
subsection (a) 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 applications described in subsection (a) by the
Commission;
(H) establishing new categorical exclusions that
could be applied to actions relating to new applications
described in subsection (a);
(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 application
described in subsection (a), including in proceedings in
which the Commission relies on 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
[[Page 138 STAT. 1480]]
(L) in addition to implementing measures under
paragraph (3), potential revisions to part 51 of title
10, Code of Federal Regulations, and relevant Commission
guidance documents--
(i) to facilitate efficient, timely, and
predictable environmental reviews of applications
described in subsection (a);
(ii) to assist decision making about relevant
environmental issues;
(iii) to maintain openness with the public;
(iv) to meet obligations under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.); and
(v) to reduce burdens on licensees,
applicants, and the Commission; and
(3) <<NOTE: Schedule. Regulations.>> include a schedule for
promulgating a rule for any measures considered by the
Commission under subparagraphs (A) through (K) of paragraph (2)
that require a rulemaking.
SEC. 507. IMPROVING OVERSIGHT AND INSPECTION PROGRAMS.
(a) Definition of Licensee.--In this section, the term ``licensee''
means a person that holds a license issued under section 103 or 104 of
the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134).
(b) Report.--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 (42 U.S.C. 2011 et
seq.) 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.
(c) Stakeholder Input.--In developing the report under subsection
(b), the Commission shall, as appropriate, seek input from--
(1) other Federal regulatory agencies that conduct oversight
and inspections;
(2) the nuclear energy industry;
(3) nongovernmental organizations; and
(4) other public stakeholders.
(d) <<NOTE: Assessments.>> Contents.--The report submitted under
subsection (b) shall--
(1) 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--
(A) use of travel resources;
(B) planning and preparation for inspections,
including entrance and exit meetings with licensees;
(C) 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; and
(D) the cross-cutting issues program;
[[Page 138 STAT. 1481]]
(2) identify and assess measures to improve oversight and
inspections, including--
(A) elimination of areas of duplicative or otherwise
unnecessary activities;
(B) increased use of templates in documenting
inspection results; and
(C) 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;
(3) assess measures to advance risk-informed procedures,
including--
(A) increased use of inspection approaches that
balance the level of resources commensurate with safety
significance;
(B) <<NOTE: Review.>> increased review of the use
of inspection program resources based on licensee
performance;
(C) expansion of modern information technology,
including artificial intelligence and machine learning,
to risk-inform oversight and inspection decisions; and
(D) <<NOTE: Updates.>> 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;
(4) <<NOTE: Criteria.>> assess the ability of the
Commission, consistent with the mission of the Commission, 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;
(5) identify recommendations resulting from the assessments
described in paragraphs (1) through (4);
(6) identify specific actions that the Commission may 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 paragraph (5); and
(7) describe when the actions identified under paragraph (6)
may be implemented.
TITLE VI--MISCELLANEOUS
SEC. 601. 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
[[Page 138 STAT. 1482]]
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. 602. REPORT ON ENGAGEMENT WITH THE GOVERNMENT OF CANADA WITH
RESPECT TO NUCLEAR WASTE ISSUES IN THE
GREAT LAKES BASIN.
Not later than 1 year after the date of enactment of this Act, the
Commission shall submit to the appropriate committees of Congress, the
Committee on Foreign Relations of the Senate, the Committee on Energy
and Natural Resources of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a report describing any
engagement between the Commission and the Government of Canada with
respect to nuclear waste issues in the Great Lakes Basin.
SEC. 603. <<NOTE: 42 USC 2011 note.>> SAVINGS CLAUSE.
Nothing in this Act affects authorities of the Department of State.
Approved July 9, 2024.
LEGISLATIVE HISTORY--S. 870 (H.R. 4090):
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HOUSE REPORTS: No. 118-177 (Comm. on Science, Space, and Technology)
accompanying H.R. 4090.
CONGRESSIONAL RECORD:
Vol. 169 (2023):
Mar. 30, Apr. 18-20, considered and
passed Senate.
Vol. 170 (2024):
May 7, 8, considered and passed
House, amended.
June 18, Senate concurred in House
amendments.
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