[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 870 Enrolled Bill (ENR)]
S.870
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DIVISION A--FIRE GRANTS AND SAFETY
SECTION 1. 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''.
(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. 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--ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED NUCLEAR FOR
CLEAN ENERGY
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) 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.
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. 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).
TITLE I--AMERICAN NUCLEAR LEADERSHIP
SEC. 101. 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 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) 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. 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 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) 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. 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 (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) 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;
(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) 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) 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) 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. PROCESS FOR REVIEW AND AMENDMENT OF PART 810 GENERALLY
AUTHORIZED DESTINATIONS.
(a) 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) Process Update.--The Secretary of Energy shall review and, as
appropriate, update the Department of Energy's process for determining
a country's generally authorized destination status under part 810 of
title 10, Code of Federal Regulations, and for listing such country as
a generally authorized destination in Appendix A to part 810 of title
10, Code of Federal Regulations, taking into consideration and, as
appropriate, incorporating factors identified and evaluated under
subsection (a).
(c) 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:
``(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) 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.''.
(e) 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) Prizes for Advanced Nuclear Reactor Licensing.--
``(1) Definition of eligible entity.--In this subsection, the
term `eligible entity' means--
``(A) a non-Federal entity; and
``(B) the Tennessee Valley Authority.
``(2) Prize for advanced nuclear reactor licensing.--
``(A) In general.--Notwithstanding section 169 of the
Atomic Energy Act of 1954 (42 U.S.C. 2209) and subject to the
availability of appropriations, the Secretary is authorized to
make, with respect to each award category described in
subparagraph (C), an award in an amount described in
subparagraph (B) to the first eligible entity--
``(i) to which the Commission issues an operating
license for an advanced nuclear reactor under part 50 of
title 10, Code of Federal Regulations (or successor
regulations), for which an application has not been
approved by the Commission as of the date of enactment of
this subsection; or
``(ii) for which the Commission makes a finding
described in section 52.103(g) of title 10, Code of Federal
Regulations (or successor regulations), with respect to a
combined license for an advanced nuclear reactor--
``(I) that is issued under subpart C of part 52 of
that title (or successor regulations); and
``(II) for which an application has not been
approved by the Commission as of the date of enactment
of this subsection.
``(B) Amount of award.--Subject to paragraph (3), an award
under subparagraph (A) shall be in an amount equal to the total
amount assessed by the Commission and collected under section
102(b)(2) from the eligible entity receiving the award for
costs relating to the issuance of the license described in that
subparagraph, including, as applicable, costs relating to the
issuance of an associated construction permit described in
section 50.23 of title 10, Code of Federal Regulations (or
successor regulations), or early site permit (as defined in
section 52.1 of that title (or successor regulations)).
``(C) Award categories.--An award under subparagraph (A)
may be made for--
``(i) the first advanced nuclear reactor for which the
Commission--
``(I) issues a license in accordance with clause
(i) of subparagraph (A); or
``(II) makes a finding in accordance with clause
(ii) of that subparagraph;
``(ii) an advanced nuclear reactor that--
``(I) uses isotopes derived from spent nuclear fuel
(as defined in section 2 of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101)) or depleted uranium as
fuel for the advanced nuclear reactor; and
``(II) is the first advanced nuclear reactor
described in subclause (I) for which the Commission--
``(aa) issues a license in accordance with
clause (i) of subparagraph (A); or
``(bb) makes a finding in accordance with
clause (ii) of that subparagraph;
``(iii) an advanced nuclear reactor that--
``(I) is a nuclear integrated energy system--
``(aa) that is composed of 2 or more co-located
or jointly operated subsystems of energy
generation, energy storage, or other technologies;
``(bb) in which not fewer than 1 subsystem
described in item (aa) is a nuclear energy system;
and
``(cc) the purpose of which is--
``(AA) to reduce greenhouse gas emissions
in both the power and nonpower sectors; and
``(BB) to maximize energy production and
efficiency; and
``(II) is the first advanced nuclear reactor
described in subclause (I) for which the Commission--
``(aa) issues a license in accordance with
clause (i) of subparagraph (A); or
``(bb) makes a finding in accordance with
clause (ii) of that subparagraph;
``(iv) an advanced reactor that--
``(I) operates flexibly to generate electricity or
high temperature process heat for nonelectric
applications; and
``(II) is the first advanced nuclear reactor
described in subclause (I) for which the Commission--
``(aa) issues a license in accordance with
clause (i) of subparagraph (A); or
``(bb) makes a finding in accordance with
clause (ii) of that subparagraph; and
``(v) the first advanced nuclear reactor for which the
Commission grants approval to load nuclear fuel pursuant to
the technology-inclusive regulatory framework established
under subsection (a)(4).
``(3) Federal funding 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 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) 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--
(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) 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) 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'';
(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) 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 operations certification process
used by the Federal Aviation Administration for aircraft as a
potential model for mass-manufactured fusion machine
regulations; and
(B) 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. 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) 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.
(3) Report.--Not later than 14 months after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing any
regulations, guidance, and policies identified under paragraph (1).
(c) Licensing.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall--
(A) develop and implement strategies to enable efficient,
timely, and predictable licensing reviews for, and to support
the oversight of, production facilities or utilization
facilities at covered sites; or
(B) initiate a rulemaking to enable efficient, timely, and
predictable licensing reviews for, and to support the oversight
of, production facilities or utilization facilities at covered
sites.
(2) Requirements.--In carrying out paragraph (1), consistent
with the mission of the Commission, the Commission shall consider
matters relating to--
(A) the use of existing site infrastructure;
(B) existing emergency preparedness organizations and
planning;
(C) the availability of historical site-specific
environmental data;
(D) previously completed environmental reviews required by
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
(E) activities associated with the potential
decommissioning of facilities or decontamination and
remediation at covered sites; and
(F) community engagement and historical experience with
energy production.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Commission shall submit to the appropriate committees of
Congress a report describing the actions taken by the Commission under
subsection (c)(1).
SEC. 207. 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) shall propose to construct the new nuclear reactor on a
site--
(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) 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) complete the technical review process and issue a
safety evaluation report; and
(B) 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) 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) 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) a plan for completion of the applicable action.
SEC. 208. REGULATORY REQUIREMENTS FOR MICRO-REACTORS.
(a) Micro-Reactor Licensing.--The Commission shall--
(1) 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) risk analysis methods, including alternatives to
probabilistic risk assessments;
(F) decommissioning funding assurance methods that permit
the use of design- and site-specific cost estimates;
(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) 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. FOREIGN OWNERSHIP.
(a) In General.--The prohibitions against issuing certain licenses
for utilization facilities to certain aliens, corporations, and other
entities described in the second sentence of section 103 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) and the second sentence
of section 104 d. of that Act (42 U.S.C. 2134(d)) shall not apply to an
entity described in 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.--
(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) 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--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;
(7) standards development organizations;
(8) labor unions;
(9) nongovernmental organizations; and
(10) other public stakeholders.
(c) Contents.--
(1) In general.--The report shall--
(A) examine any unique licensing issues or requirements
relating to the use, for nuclear energy projects, of--
(i) advanced manufacturing processes;
(ii) advanced construction techniques; and
(iii) rapid improvement or iterative innovation
processes;
(B) examine--
(i) the requirements for nuclear-grade components in
manufacturing and construction for nuclear energy 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)'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (5); and
(B) by striking paragraph (1) and inserting the following:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' has the meaning given the term in section 951(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Institution of higher education.--The term `institution
of higher education' has the meaning given the term in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801).
``(4) National laboratory.--The term `National Laboratory' has
the meaning given the term in section 951(b) of the Energy Policy
Act of 2005 (42 U.S.C. 16271(b)).'';
(4) in subsection (d)(2), by striking ``Nuclear Regulatory'';
(5) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(6) by inserting after subsection (b) the following:
``(c) Nuclear Energy Traineeship Subprogram.--
``(1) In general.--The Commission shall establish, as a
subprogram of the Program, a nuclear energy traineeship subprogram
under which the Commission, in coordination with institutions of
higher education and trade schools, shall competitively award
traineeships that provide focused training to meet critical mission
needs of the Commission and nuclear workforce needs, including
needs relating to the nuclear tradecraft workforce.
``(2) Requirements.--In carrying out the nuclear energy
traineeship subprogram described in paragraph (1), the Commission
shall--
``(A) coordinate with the Secretary of Energy to prioritize
the funding of traineeships that focus on--
``(i) nuclear workforce needs; and
``(ii) critical mission needs of the Commission;
``(B) encourage appropriate partnerships among--
``(i) National Laboratories;
``(ii) institutions of higher education;
``(iii) trade schools;
``(iv) the nuclear energy industry; and
``(v) other entities, as the Commission determines to
be appropriate; and
``(C) on an annual basis, evaluate nuclear workforce needs
for the purpose of implementing traineeships in focused topical
areas that--
``(i) address the workforce needs of the nuclear energy
community; and
``(ii) support critical mission needs of the
Commission.''.
SEC. 403. BIENNIAL REPORT ON THE SPENT NUCLEAR FUEL AND HIGH-LEVEL
RADIOACTIVE WASTE INVENTORY IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section 2 of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2) Spent nuclear fuel.--The term ``spent nuclear fuel'' has
the meaning given the term in section 2 of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101).
(3) Standard contract.--The term ``standard contract'' has the
meaning given the term ``contract'' in section 961.3 of title 10,
Code of Federal Regulations (or any successor regulation).
(b) 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. DEVELOPMENT, QUALIFICATION, AND LICENSING OF ADVANCED
NUCLEAR FUEL CONCEPTS.
(a) In General.--The Commission shall establish an initiative to
enhance preparedness and coordination with respect to the qualification
and licensing of advanced nuclear fuel.
(b) Agency Coordination.--Not later than 180 days after the date of
enactment of this Act, the Commission and the Secretary of Energy shall
enter into a memorandum of understanding--
(1) to share technical expertise and knowledge through--
(A) enabling the testing and demonstration of accident
tolerant fuels for existing commercial nuclear reactors and
advanced nuclear reactor fuel concepts to be proposed and
funded, in whole or in part, by the private sector;
(B) operating a database to store and share data and
knowledge relevant to nuclear science and engineering between
Federal agencies and the private sector;
(C) leveraging expertise with respect to safety analysis
and research relating to advanced nuclear fuel; and
(D) enabling technical staff to actively observe and learn
about technologies, with an emphasis on identification of
additional information needed with respect to advanced nuclear
fuel; and
(2) to ensure that--
(A) the Department of Energy has sufficient technical
expertise to support the timely research, development,
demonstration, and commercial application of advanced nuclear
fuel;
(B) the Commission has sufficient technical expertise to
support the evaluation of applications for licenses, permits,
and design certifications and other requests for regulatory
approval for advanced nuclear fuel;
(C)(i) the Department of Energy maintains and develops the
facilities necessary to enable the timely research,
development, demonstration, and commercial application by the
civilian nuclear industry of advanced nuclear fuel; and
(ii) the Commission has access to the facilities described
in clause (i), as needed; and
(D) the Commission consults, as appropriate, with the
modeling and simulation experts at the Office of Nuclear Energy
of the Department of Energy, at the National Laboratories, and
within industry fuel vendor teams in cooperative agreements
with the Department of Energy to leverage physics-based
computer modeling and simulation capabilities.
(c) Report.--
(1) In general.--Not later than 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) an assessment of the preparedness of the Commission to
review and qualify for use--
(i) accident tolerant fuel;
(ii) ceramic cladding materials;
(iii) fuels containing silicon carbide;
(iv) high-assay, low-enriched uranium fuels;
(v) molten-salt based liquid fuels;
(vi) fuels derived from spent nuclear fuel or depleted
uranium; and
(vii) other related fuel concepts, as determined by the
Commission;
(B) activities planned or undertaken under the memorandum
of understanding described in subsection (b);
(C) an accounting of the areas of research needed with
respect to advanced nuclear fuel; and
(D) any other challenges or considerations identified by
the Commission.
(2) Consultation.--In developing the report under paragraph
(1), the Commission shall seek input from--
(A) the Secretary of Energy;
(B) National Laboratories;
(C) the nuclear energy industry;
(D) technology developers;
(E) nongovernmental organizations; and
(F) other public stakeholders.
TITLE V--IMPROVING COMMISSION EFFICIENCY
SEC. 501. MISSION ALIGNMENT.
(a) Update.--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. COMMISSION WORKFORCE.
``(a) 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 `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) 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.
``(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.--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 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) 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);
``(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) an assessment of--
``(i) the current critical workforce needs of the
Commission and any critical workforce needs that the
Commission anticipates in the next five years; and
``(ii) additional skillsets that are or likely will be
needed for the Commission to fulfill the licensing and
oversight responsibilities of the Commission.
``(g) Covered Position.--In this section, the term `covered
position' means--
``(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).''.
(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) 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) 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) makes recommendations to improve the Commission's strategic
workforce management; and
(5) 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) 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) 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--
(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.--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--
``(1) 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) 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.--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 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
(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) 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) 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;
(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) 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) 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) 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 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. SAVINGS CLAUSE.
Nothing in this Act affects authorities of the Department of State.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.