[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2587-S2595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 422. Mrs. CAPITO (for herself, Mr. Carper, Mr. Graham, Mr. Booker,
Mr. Kelly, Mr. Crapo, Mr. Barrasso, Mr. Whitehouse, Mr. Manchin, and
Mr. Risch) submitted an amendment intended to be proposed by her to the
bill S. 2226, to authorize appropriations for fiscal year 2024 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXXI, insert the
following:
SEC. 31___. ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED
NUCLEAR FOR CLEAN ENERGY.
(a) Short Title.--This section may be cited as the
``Accelerating Deployment of Versatile, Advanced Nuclear for
Clean Energy Act of 2023'' or the ``ADVANCE Act of 2023''.
(b) Definitions.--In this section:
(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
[[Page S2588]]
(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).
(c) International Nuclear Reactor Export and Innovation
Activities.--
(1) Coordination.--
(A) In general.--The Commission shall--
(i) coordinate all work of the Commission relating to--
(I) nuclear reactor import and export licensing; and
(II) international regulatory cooperation and assistance
relating to nuclear reactors, including with countries that
are members of--
(aa) the Organisation for Economic Co-operation and
Development; or
(bb) the Nuclear Energy Agency; and
(ii) support interagency and international coordination
with respect to--
(I) the consideration of international technical standards
to establish the licensing and regulatory basis to assist the
design, construction, and operation of nuclear systems;
(II) efforts to help build competent nuclear regulatory
organizations and legal frameworks in countries seeking to
develop nuclear power; and
(III) exchange programs and training provided to other
countries relating to nuclear regulation and oversight to
improve nuclear technology licensing, in accordance with
subparagraph (B).
(B) Exchange programs and training.--With respect to the
exchange programs and training described in subparagraph
(A)(ii)(III), the Commission shall coordinate, as applicable,
with--
(i) the Secretary of Energy;
(ii) National Laboratories;
(iii) the private sector; and
(iv) institutions of higher education.
(2) Authority to establish branch.--The Commission may
establish within the Office of International Programs a
branch, to be known as the ``International Nuclear Reactor
Export and Innovation Branch'', to carry out such
international nuclear reactor export and innovation
activities as the Commission determines to be appropriate and
within the mission of the Commission.
(3) Exclusion of international activities from the fee
base.--
(A) In general.--Section 102 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215) is
amended--
(i) in subsection (a), by adding at the end the following:
``(A) International nuclear reactor export and innovation
activities.--The Commission shall identify in the annual
budget justification international nuclear reactor export and
innovation activities described in subsection (c)(1) of the
ADVANCE Act of 2023.''; and
(ii) in subsection (b)(1)(B), by adding at the end the
following:
``(I) Costs for international nuclear reactor export and
innovation activities described in subsection (c)(1) of the
ADVANCE Act of 2023.''.
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect on October 1, 2024.
(4) Savings clause.--Nothing in this subsection alters the
authority of the Commission to license and regulate the
civilian use of radioactive materials.
(d) Denial of Certain Domestic Licenses for National
Security Purposes.--
(1) Definition of covered fuel.--In this subsection, the
term ``covered fuel'' means enriched uranium that is
fabricated into fuel assemblies for nuclear reactors by an
entity that--
(A) is owned or controlled by the Government of the Russian
Federation or the Government of the People's Republic of
China; or
(B) is organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation or the People's
Republic of China.
(2) Prohibition on unlicensed possession or ownership of
covered fuel.--Unless specifically authorized by the
Commission in a license issued under section 53 of the Atomic
Energy Act of 1954 (42 U.S.C. 2073) 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.
(3) License to possess or own covered fuel.--
(A) Consultation required prior to issuance.--The
Commission shall not issue a license to possess or own
covered fuel under section 53 of the Atomic Energy Act of
1954 (42 U.S.C. 2073) 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.
(B) Prohibition on issuance of license.--
(i) In general.--Subject to clause (iii), a license to
possess or own covered fuel shall not be issued if the
Secretary of Energy and the Secretary of State make the
determination described in clause (ii).
(ii) Determination.--
(I) In general.--The determination referred to in clause
(i) is a determination that possession or ownership, as
applicable, of covered fuel poses a threat to the national
security of the United States that adversely impacts the
physical and economic security of the United States.
(II) Joint determination.--A determination described in
subclause (I) shall be jointly made by the Secretary of
Energy and the Secretary of State.
(III) Timeline.--
(aa) Notice of application.--Not later than 30 days after
the date on which the Commission receives an application for
a license to possess or own covered fuel, the Commission
shall notify the Secretary of Energy and the Secretary of
State of the application.
(bb) Determination.--The Secretary of Energy and the
Secretary of State shall have a period of 180 days, beginning
on the date on which the Commission notifies the Secretary of
Energy and the Secretary of State under item (aa) of an
application for a license to possess or own covered fuel, in
which to make the determination described in subclause (I).
(cc) Commission notification.--On making the determination
described in subclause (I), the Secretary of Energy and the
Secretary of State shall immediately notify the Commission.
(dd) Congressional notification.--Not later than 30 days
after the date on which the Secretary of Energy and the
Secretary of State notify the Commission under item (cc), the
Commission shall notify the appropriate committees of
Congress of the determination.
(ee) Public notice.--Not later than 15 days after the date
on which the Commission notifies Congress under item (dd) of
a determination made under subclause (I), the Commission
shall make that determination publicly available.
(iii) Effect of no determination.--The prohibition
described in clause (i) shall not apply if the Secretary of
Energy and the Secretary of State do not make the
determination described in clause (ii) by the date described
in subclause (III)(bb) of that clause.
(4) Savings clause.--Nothing in this subsection alters any
treaty or international agreement in effect on the date of
enactment of this Act.
(e) Export License Requirements.--
(1) Definition of low-enriched uranium.--In this
subsection, the term ``low-enriched uranium'' means uranium
enriched to less than 20 percent of the uranium-235 isotope.
(2) Requirement.--The Commission shall not issue an export
license for the transfer of any item described in paragraph
(4) to a country described in paragraph (3) unless the
Commission makes a determination that such transfer will not
be inimical to the common defense and security of the United
States.
(3) Countries described.--A country referred to in
paragraph (2) is a country that--
(A) has not concluded and ratified an Additional Protocol
to its safeguards agreement with the International Atomic
Energy Agency; or
(B) 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).
(4) Items described.--An item referred to in paragraph (2)
includes--
(A) 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;
(B) a nuclear reactor that uses nuclear fuel described in
subparagraph (A); and
(C) 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--
(i) the reprocessing of irradiated nuclear reactor fuel
elements;
(ii) the separation of plutonium; or
(iii) the separation of the uranium-233 isotope.
(5) Notification.--If the Commission makes a determination
under paragraph (2) that the transfer of any item described
in paragraph (4) to a country described in paragraph (3) will
not be inimical to the common defense and security of the
United States, the Commission shall notify the appropriate
committees of Congress.
(f) Coordinated International Engagement.--
(1) Definitions.--In this subsection:
(A) Embarking civil nuclear nation.--
(i) In general.--The term ``embarking civil nuclear
nation'' means a country that--
(I) does not have a civil nuclear program;
(II) is in the process of developing or expanding a civil
nuclear program, including safeguards and a legal and
regulatory framework; or
(III) is in the process of selecting, developing,
constructing, or utilizing an advanced nuclear reactor or
advanced civil nuclear technologies.
(ii) Exclusions.--The term ``embarking civil nuclear
nation'' does not include--
(I) the People's Republic of China;
(II) the Russian Federation;
(III) the Republic of Belarus;
(IV) the Islamic Republic of Iran;
(V) the Democratic People's Republic of Korea;
(VI) the Republic of Cuba;
[[Page S2589]]
(VII) the Bolivarian Republic of Venezuela;
(VIII) the Syrian Arab Republic;
(IX) Burma; or
(X) any other country--
(aa) the property or interests in property of the
government of which are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
(bb) the government of which the Secretary of State has
determined has repeatedly provided support for acts of
international terrorism for purposes of--
(AA) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(BB) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d));
(CC) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or
(DD) any other relevant provision of law.
(B) Secretaries.--The term ``Secretaries'' means the
Secretary of Commerce and the Secretary of Energy, acting--
(i) in consultation with each other; and
(ii) in coordination with--
(I) the Secretary of State;
(II) the Commission;
(III) the Secretary of the Treasury;
(IV) the President of the Export-Import Bank of the United
States; and
(V) officials of other Federal agencies, as the Secretary
of Commerce determines to be appropriate.
(C) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company'' means a company that--
(i) is organized under the laws of, or otherwise subject to
the jurisdiction of, the United States; and
(ii) is involved in the nuclear energy industry.
(2) International civil nuclear modernization initiative.--
(A) In general.--The Secretaries shall establish and carry
out, in accordance with applicable nuclear technology export
laws (including regulations), an international initiative to
modernize civil nuclear outreach to embarking civil nuclear
nations.
(B) Activities.--In carrying out the initiative described
in subparagraph (A)--
(i) the Secretary of Commerce shall--
(I) expand outreach by the Executive Branch to the private
investment community to create public-private financing
relationships to assist in the export of civil nuclear
technology to embarking civil nuclear nations;
(II) seek to coordinate, to the maximum extent practicable,
the work carried out by each of--
(aa) the Commission;
(bb) the Department of Energy;
(cc) the Department of State;
(dd) the Nuclear Energy Agency;
(ee) the International Atomic Energy Agency; and
(ff) other agencies, as the Secretary of Commerce
determines to be appropriate; and
(III) improve the regulatory framework to allow for the
efficient and expeditious exporting and importing of items
under the jurisdiction of the Secretary of Commerce; and
(ii) the Secretary of Energy shall--
(I) assist nongovernmental organizations and appropriate
offices, administrations, agencies, laboratories, and
programs of the Federal Government in providing education and
training to foreign governments in nuclear safety, security,
and safeguards--
(aa) through engagement with the International Atomic
Energy Agency; or
(bb) independently, if the applicable nongovernmental
organization, office, administration, agency, laboratory, or
program determines that it would be more advantageous under
the circumstances to provide the applicable education and
training independently;
(II) assist the efforts of the International Atomic Energy
Agency to expand the support provided by the International
Atomic Energy Agency to embarking civil nuclear nations for
nuclear safety, security, and safeguards; and
(III) assist U.S. nuclear energy companies to integrate
security and safeguards by design in international outreach
carried out by those U.S. nuclear energy companies.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of Energy, shall submit to
Congress a report describing the activities carried out under
this subsection.
(g) Fees for Advanced Nuclear Reactor Application Review.--
(1) Definitions.--Section 3 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215 note; Public
Law 115-439) is amended--
(A) by redesignating paragraphs (2) through (15) as
paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16),
(17), (18), (19), (20), and (21), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Advanced nuclear reactor applicant.--The term
`advanced nuclear reactor applicant' means an entity that has
submitted to the Commission an application to receive a
license for an advanced nuclear reactor under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).'';
(C) 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 to receive 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' means the
resources of the Commission that are located in executive,
administrative, and other support offices of the Commission,
as described in the document of the Commission entitled `FY
2023 Final Fee Rule Work Papers' (or a successor
document).'';
(D) by inserting after paragraph (10) (as so redesignated)
the following:
``(11) Hourly rate for mission-direct program salaries and
benefits for the nuclear reactor safety program.--The term
`hourly rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program' means the quotient
obtained by dividing--
``(A) the full-time equivalent rate (within the meaning of
the document of the Commission entitled `FY 2023 Final Fee
Rule Work Papers' (or a successor document)) for mission-
direct program salaries and benefits for the Nuclear Reactor
Safety Program (as determined by the Commission) for a fiscal
year; by
``(B) the productive hours assumption for that fiscal year,
determined in accordance with the formula established in the
document referred to in subparagraph (A) (or a successor
document).''; and
(E) by inserting after paragraph (12) (as so redesignated)
the following:
``(13) Mission-direct program salaries and benefits for the
nuclear reactor safety program.--The term `mission-direct
program salaries and benefits for the Nuclear Reactor Safety
Program' means the resources of the Commission that are
allocated to the Nuclear Reactor Safety Program (as
determined by the Commission) to perform core work activities
committed to fulfilling the mission of the Commission, 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' means the resources of the
Commission that support the core mission-direct activities
for the Nuclear Reactor Safety Program of the Commission (as
determined by the Commission), as described in the document
of the Commission entitled `FY 2023 Final Fee Rule Work
Papers' (or a successor document).''.
(2) 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 subsection (c)(3)(A)(ii)) is
amended by adding at the end the following:
``(v) The total costs of mission-indirect program support
and agency support that, under paragraph (2)(B), may not be
included in the hourly rate charged for fees assessed to
advanced nuclear reactor applicants.
``(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 to
advanced nuclear reactor pre-applicants.''.
(3) Fees for service or thing of value.--Section 102(b) of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(b)) is amended by striking paragraph (2) and
inserting the following:
``(2) Fees for service or thing of value.--
``(A) In general.--In accordance with section 9701 of title
31, United States Code, the Commission shall assess and
collect fees from any person who receives a service or thing
of value from the Commission to cover the costs to the
Commission of providing the service or thing of value.
``(B) Advanced nuclear reactor applicants.--The hourly rate
charged for fees assessed to advanced nuclear reactor
applicants under this paragraph relating to the review of a
submitted application described in section 3(1) shall not
exceed the hourly rate for mission-direct program salaries
and benefits for the Nuclear Reactor Safety Program.
``(C) Advanced nuclear reactor pre-applicants.--The hourly
rate charged for fees assessed to advanced nuclear reactor
pre-applicants under this paragraph relating to the review of
submitted materials as described in the licensing project
plan of an advanced nuclear reactor pre-applicant shall not
exceed the hourly rate for mission-direct program salaries
and benefits for the Nuclear Reactor Safety Program.''.
(4) 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, 2029.''.
(5) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2024.
(h) 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
[[Page S2590]]
U.S.C. 2209) and subject to the availability of
appropriations, the Secretary is authorized to make, with
respect to each award category described in subparagraph (C),
an award in an amount described in subparagraph (B) to the
first eligible entity--
``(i) to which the Commission issues an operating license
for an advanced nuclear reactor under part 50 of title 10,
Code of Federal Regulations (or successor regulations), for
which an application has not been approved by the Commission
as of the date of enactment of this subsection; or
``(ii) for which the Commission makes a finding described
in section 52.103(g) of title 10, Code of Federal Regulations
(or successor regulations), with respect to a combined
license for an advanced nuclear reactor--
``(I) that is issued under subpart C of part 52 of that
title (or successor regulations); and
``(II) for which an application has not been approved by
the Commission as of the date of enactment of this
subsection.
``(B) Amount of award.--An award under subparagraph (A)
shall be in an amount equal to the total amount assessed by
the Commission and collected under section 102(b)(2) from the
eligible entity receiving the award for costs relating to the
issuance of the license described in that subparagraph,
including, as applicable, costs relating to the issuance of
an associated construction permit described in section 50.23
of title 10, Code of Federal Regulations (or successor
regulations), or early site permit (as defined in section
52.1 of that title (or successor regulations)).
``(C) Award categories.--An award under subparagraph (A)
may be made for--
``(i) the first advanced nuclear reactor for which the
Commission--
``(I) issues a license in accordance with clause (i) of
subparagraph (A); or
``(II) makes a finding in accordance with clause (ii) of
that subparagraph;
``(ii) an advanced nuclear reactor that--
``(I) uses isotopes derived from spent nuclear fuel (as
defined in section 2 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101)) or depleted uranium as fuel for the
advanced nuclear reactor; and
``(II) is the first advanced nuclear reactor described in
subclause (I) for which the Commission--
``(aa) issues a license in accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in accordance with clause (ii) of
that subparagraph;
``(iii) an advanced nuclear reactor that--
``(I) is a nuclear integrated energy system--
``(aa) that is composed of 2 or more co-located or jointly
operated subsystems of energy generation, energy storage, or
other technologies;
``(bb) in which not fewer than 1 subsystem described in
item (aa) is a nuclear energy system; and
``(cc) the purpose of which is--
``(AA) to reduce greenhouse gas emissions in both the power
and nonpower sectors; and
``(BB) to maximize energy production and efficiency; and
``(II) is the first advanced nuclear reactor described in
subclause (I) for which the Commission--
``(aa) issues a license in accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in accordance with clause (ii) of
that subparagraph;
``(iv) an advanced reactor that--
``(I) operates flexibly to generate electricity or high
temperature process heat for nonelectric applications; and
``(II) is the first advanced nuclear reactor described in
subclause (I) for which the Commission--
``(aa) issues a license in accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in accordance with clause (ii) of
that subparagraph; and
``(v) the first advanced nuclear reactor for which the
Commission grants approval to load nuclear fuel pursuant to
the technology-inclusive regulatory framework established
under subsection (a)(4).
``(3) Federal funding 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.
``(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.''.
(i) Report on Unique Licensing Considerations Relating to
the Use of Nuclear Energy for Nonelectric Applications.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report (referred to in
this subsection as the ``report'') addressing any unique
licensing issues or requirements relating to--
(A) the flexible operation of nuclear reactors, such as
ramping power output and switching between electricity
generation and nonelectric applications;
(B) the use of advanced nuclear reactors exclusively for
nonelectric applications; and
(C) the colocation of nuclear reactors with industrial
plants or other facilities.
(2) Stakeholder input.--In developing the report, the
Commission shall seek input from--
(A) the Secretary of Energy;
(B) the nuclear energy industry;
(C) technology developers;
(D) the industrial, chemical, and medical sectors;
(E) nongovernmental organizations; and
(F) other public stakeholders.
(3) Contents.--
(A) In general.--The report shall describe--
(i) any unique licensing issues or requirements relating to
the matters described in subparagraphs (A) through (C) of
paragraph (1), including, with respect to the nonelectric
applications referred to in subparagraphs (A) and (B) of that
paragraph, any licensing issues or requirements relating to
the use of nuclear energy in--
(I) hydrogen or other liquid and gaseous fuel or chemical
production;
(II) water desalination and wastewater treatment;
(III) heat for industrial processes;
(IV) district heating;
(V) energy storage;
(VI) industrial or medical isotope production; and
(VII) other applications, as identified by the Commission;
(ii) options for addressing those issues or requirements--
(I) within the existing regulatory framework of the
Commission;
(II) as part of the technology-inclusive regulatory
framework required under subsection (a)(4) of section 103 of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2133 note; Public Law 115-439) or described in the
report required under subsection (e) of that section (Public
Law 115-439; 132 Stat. 5575); or
(III) through a new rulemaking; and
(iii) the extent to which Commission action is needed to
implement any matter described in the report.
(B) 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.
(j) Enabling Preparations for the Demonstration of Advanced
Nuclear Reactors on Department of Energy Sites or Critical
National Security Infrastructure Sites.--
(1) In general.--Section 102(b)(1)(B) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B))
(as amended by subsection (g)(2)) is amended by adding at the
end the following:
``(vi) Costs for--
``(I) activities to review and approve or disapprove an
application for an early site permit (as defined in section
52.1 of title 10, Code of Federal Regulations (or a successor
regulation)) to demonstrate an advanced nuclear reactor on a
Department of Energy site 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 a 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.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2024.
(k) Clarification on Fusion Regulation.--Section 103(a)(4)
of the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2133 note; Public Law 115-439) is amended--
(1) by striking ``Not later'' and inserting the following:
``(A) In general.--Not later''; and
(2) by adding at the end the following:
``(B) Exclusion of fusion reactors.--For purposes of
subparagraph (A), the term `advanced reactor applicant' does
not include an applicant seeking a license for a fusion
reactor.''.
(l) Regulatory Issues for Nuclear Facilities at Brownfield
Sites.--
(1) Definitions.--
(A) 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).
(B) 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).
(C) 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.
[[Page S2591]]
(D) 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).
(2) Identification of regulatory issues.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall evaluate the
extent to which modification of regulations, guidance, or
policy is needed to enable timely licensing reviews for, and
to support the oversight of, production facilities or
utilization facilities at brownfield sites.
(B) Requirement.--In carrying out subparagraph (A), the
Commission shall consider how licensing reviews for
production facilities or utilization facilities at brownfield
sites may be expedited by considering matters relating to
siting and operating a production facility or a utilization
facility at or near a retired fossil fuel site to support--
(i) 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;
(ii) the use of early site permits;
(iii) the utilization of plant parameter envelopes or
similar standardized site parameters on a portion of a larger
site; and
(iv) the use of a standardized application for similar
sites.
(C) 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
subparagraph (A).
(3) Licensing.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall--
(i) develop and implement strategies to enable timely
licensing reviews for, and to support the oversight of,
production facilities or utilization facilities at brownfield
sites, including retired fossil fuel sites; or
(ii) initiate a rulemaking to enable timely licensing
reviews for, and to support the oversight of, of production
facilities or utilization facilities at brownfield sites,
including retired fossil fuel sites.
(B) Requirements.--In carrying out subparagraph (A),
consistent with the mission of the Commission, the Commission
shall consider matters relating to--
(i) the use of existing site infrastructure;
(ii) existing emergency preparedness organizations and
planning;
(iii) the availability of historical site-specific
environmental data;
(iv) previously approved environmental reviews required by
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
(v) activities associated with the potential
decommissioning of facilities or decontamination and
remediation at brownfield sites; and
(vi) community engagement and historical experience with
energy production.
(4) 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 paragraph (3).
(m) Appalachian Regional Commission Nuclear Energy
Development.--
(1) In general.--Subchapter I of chapter 145 of subtitle IV
of title 40, United States Code, is amended by adding at the
end the following:
``Sec. 14512. Appalachian Regional Commission nuclear energy
development
``(a) Definitions.--In this section:
``(1) Brownfield site.--The term `brownfield site' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
``(2) Production facility.--The term `production facility'
has the meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
``(3) Retired fossil fuel site.--The term `retired fossil
fuel site' means the site of 1 or more fossil fuel electric
generation facilities that are retired or scheduled to
retire, including multi-unit facilities that are partially
shut down.
``(4) Utilization facility.--The term `utilization
facility' has the meaning given the term in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014).
``(b) Authority.--The Appalachian Regional Commission may
provide technical assistance to, make grants to, enter into
contracts with, or otherwise provide amounts to individuals
or entities in the Appalachian region for projects and
activities--
``(1) to conduct research and analysis regarding the
economic impact of siting, constructing, and operating a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site;
``(2) to assist with workforce training or retraining to
perform activities relating to the siting and operation of a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site; and
``(3) to engage with the Nuclear Regulatory Commission, the
Department of Energy, and other Federal agencies with
expertise in civil nuclear energy.
``(c) Limitation on Available Amounts.--Of the cost of any
project or activity eligible for a grant under this section--
``(1) except as provided in paragraphs (2) and (3), not
more than 50 percent may be provided from amounts made
available to carry out this section;
``(2) in the case of a project or activity to be carried
out in a county for which a distressed county designation is
in effect under section 14526, not more than 80 percent may
be provided from amounts made available to carry out this
section; and
``(3) in the case of a project or activity to be carried
out in a county for which an at-risk county designation is in
effect under section 14526, not more than 70 percent may be
provided from amounts made available to carry out this
section.
``(d) Sources of Assistance.--Subject to subsection (c), a
grant provided under this section may be provided from
amounts made available to carry out this section, in
combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(e) Federal Share.--Notwithstanding any provision of law
limiting the Federal share under any other Federal program,
amounts made available to carry out this section may be used
to increase that Federal share, as the Appalachian Regional
Commission determines to be appropriate.''.
(2) Authorization of appropriations.--Section 14703 of
title 40, United States Code, is amended--
(A) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(B) by inserting after subsection (d) the following:
``(e) Appalachian Regional Commission Nuclear Energy
Development.--Of the amounts made available under subsection
(a), $5,000,000 may be used to carry out section 14512 for
each of fiscal years 2023 through 2026.''.
(3) Clerical amendment.--The analysis for subchapter I of
chapter 145 of subtitle IV of title 40, United States Code,
is amended by striking the item relating to section 14511 and
inserting the following:
``14511. Appalachian regional energy hub initiative.
``14512. Appalachian Regional Commission nuclear energy development.''.
(n) Investment by Allies.--
(1) In general.--The prohibitions against issuing certain
licenses for utilization facilities to certain corporations
and other entities described in the second sentence of
section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C.
2133(d)) and the second sentence of section 104 d. of that
Act (42 U.S.C. 2134(d)) shall not apply to an entity
described in paragraph (2) if the Commission determines that
issuance of the applicable license to that entity is not
inimical to--
(A) the common defense and security; or
(B) the health and safety of the public.
(2) Entities described.--
(A) In general.--An entity referred to in paragraph (1) is
a corporation or other entity that is owned, controlled, or
dominated by--
(i) the government of--
(I) a country that is a member of the Organisation for
Economic Co-operation and Development on the date of
enactment of this Act, subject to subparagraph (B); or
(II) the Republic of India;
(ii) a corporation that is incorporated in a country
described in subclause (I) or (II) of clause (i); or
(iii) an alien who is a national of a country described in
subclause (I) or (II) of clause (i).
(B) Exclusion.--An entity described in subparagraph
(A)(i)(I) is not an entity referred to in paragraph (1), and
paragraph (1) shall not apply to that entity, if, on the date
of enactment of this Act--
(i) the entity (or any department, agency, or
instrumentality of the entity) is a person subject to
sanctions under section 231 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9525); or
(ii) any citizen of the entity, or any entity organized
under the laws of, or otherwise subject to the jurisdiction
of, the entity, is a person subject to sanctions under that
section.
(3) Technical amendment.--Section 103 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the
second sentence, by striking ``any any'' and inserting
``any''.
(4) Savings clause.--Nothing in this subsection affects the
requirements of section 721 of the Defense Production Act of
1950 (50 U.S.C. 4565).
(o) Extension of the Price-Anderson Act.--
(1) Extension.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended by striking ``December 31, 2025'' each
place it appears and inserting ``December 31, 2045''.
(2) Liability.--Section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the ``Price-Anderson
Act'') is amended--
(A) in subsection d. (5), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''; and
(B) in subsection e. (4), by striking ``$500,000,000'' and
inserting ``$2,000,000,000''.
(3) Report.--Section 170 p. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(p)) (commonly known as the ``Price-
Anderson Act'') is amended by striking ``December 31, 2021''
and inserting ``December 31, 2041''.
(4) Definition of nuclear incident.--Section 11 q. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in
the second proviso, by striking ``if such occurrence'' and
[[Page S2592]]
all that follows through ``United States:'' and inserting a
colon.
(p) Report on Advanced Methods of Manufacturing and
Construction for Nuclear Energy Applications.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report (referred to in
this subsection as the ``report'') on manufacturing and
construction for nuclear energy applications.
(2) Stakeholder input.--In developing the report, the
Commission shall seek input from--
(A) the Secretary of Energy;
(B) the nuclear energy industry;
(C) National Laboratories;
(D) institutions of higher education;
(E) nuclear and manufacturing technology developers;
(F) the manufacturing and construction industries,
including manufacturing and construction companies with
operating facilities in the United States;
(G) standards development organizations;
(H) labor unions;
(I) nongovernmental organizations; and
(J) other public stakeholders.
(3) Contents.--
(A) In general.--The report shall--
(i) examine any unique licensing issues or requirements
relating to the use of innovative--
(I) advanced manufacturing processes;
(II) advanced construction techniques; and
(III) rapid improvement or iterative innovation processes;
(ii) examine--
(I) the requirements for nuclear-grade components in
manufacturing and construction for nuclear energy
applications;
(II) opportunities to use standard materials, parts, or
components in manufacturing and construction for nuclear
energy applications;
(III) opportunities to use standard materials that are in
compliance with existing codes to provide acceptable
approaches to support or encapsulate new materials that do
not yet have applicable codes; and
(IV) requirements relating to the transport of a fueled
advanced nuclear reactor core from a manufacturing licensee
to a licensee that holds a license to construct and operate a
facility at a particular site;
(iii) identify any safety aspects of innovative advanced
manufacturing processes and advanced construction techniques
that are not addressed by existing codes and standards, so
that generic guidance may be updated or created, as
necessary;
(iv) identify options for addressing the issues,
requirements, and opportunities examined under clauses (i)
and (ii)--
(I) within the existing regulatory framework; or
(II) through a new rulemaking;
(v) identify how addressing the issues, requirements, and
opportunities examined under clauses (i) and (ii) will impact
opportunities for domestic nuclear manufacturing and
construction developers; and
(vi) describe the extent to which Commission action is
needed to implement any matter described in the report.
(B) Cost estimates, budgets, and timeframes.--The report
shall include cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and performance-
based regulatory guidance for manufacturing and construction
for nuclear energy applications.
(q) 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.''.
(r) Report on Commission Readiness and Capacity to License
Additional Conversion and Enrichment Capacity to Reduce
Reliance on Uranium From Russia.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report on the readiness
and capacity of the Commission to license additional
conversion and enrichment capacity at existing and new fuel
cycle facilities to reduce reliance on nuclear fuel that is
recovered, converted, enriched, or fabricated by an entity
that--
(A) is owned or controlled by the Government of the Russian
Federation; or
(B) is organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation.
(2) Contents.--The report required under paragraph (1)
shall analyze how the capacity of the Commission to license
additional conversion and enrichment capacity at existing and
new fuel cycle facilities may conflict with or restrict the
readiness of the Commission to review advanced nuclear
reactor applications.
(s) Annual Report on the Spent Nuclear Fuel and High-level
Radioactive Waste Inventory in the United States.--
(1) Definitions.--In this subsection:
(A) 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).
(B) 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).
(C) Standard contract.--The term ``standard contract'' has
the meaning given the term ``contract'' in section 961.3 of
title 10, Code of Federal Regulations (or a successor
regulation).
(2) Report.--Not later than January 1, 2025, and annually
thereafter, the Secretary of Energy shall submit to Congress
a report that describes--
(A) 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;
(B) 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.);
(C) 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;
(D) 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;
(E) 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;
(F) 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;
(G) any actions taken in the previous fiscal year by the
Department of Energy with respect to interim storage; and
(H) 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.
(t) Authorization of Appropriations for Superfund Actions
at Abandoned Mining Sites on Tribal Land.--
(1) Definitions.--In this subsection:
(A) Eligible non-NPL site.--The term ``eligible non-NPL
site'' means a site--
(i) that is not on the National Priorities List; but
[[Page S2593]]
(ii) with respect to which the Administrator determines
that--
(I) the site would be eligible for listing on the National
Priorities List based on the presence of hazards from
contamination at the site, applying the hazard ranking system
described in section 105(c) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9605(c)); and
(II) for removal site evaluations, engineering evaluations/
cost analyses, remedial planning activities, remedial
investigations and feasibility studies, and other actions
taken pursuant to section 104(b) of that Act (42 U.S.C.
9604), the site--
(aa) has undergone a pre-CERCLA screening; and
(bb) is included in the Superfund Enterprise Management
System.
(B) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(C) National priorities list.--The term ``National
Priorities List'' means the National Priorities List
developed by the President in accordance with section
105(a)(8)(B) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9605(a)(8)(B)).
(D) Remedial action; removal; response.--The terms
``remedial action'', ``removal'', and ``response'' have the
meanings given those terms in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(E) Tribal land.--The term ``Tribal land'' has the meaning
given the term ``Indian country'' in section 1151 of title
18, United States Code.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2023 through
2032, to remain available until expended--
(A) $97,000,000 to the Administrator to carry out this
subsection (except for paragraph (4)); and
(B) $3,000,000 to the Administrator of the Agency for Toxic
Substances and Disease Registry to carry out paragraph (4).
(3) Uses of amounts.--Amounts appropriated under paragraph
(2)(A) shall be used by the Administrator--
(A) to carry out removal actions on abandoned mine land
located on Tribal land;
(B) to carry out response actions, including removal and
remedial planning activities, removal and remedial studies,
remedial actions, and other actions taken pursuant to section
104(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(b))
on abandoned mine land located on Tribal land at--
(i) eligible non-NPL sites; and
(ii) sites listed on the National Priorities List; and
(C) to make grants under paragraph (5).
(4) Health assessments.--Subject to the availability of
appropriations, the Agency for Toxic Substances and Disease
Registry, in coordination with Tribal health authorities,
shall perform 1 or more health assessments at each eligible
non-NPL site that is located on Tribal land, in accordance
with section 104(i)(6) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(i)(6)).
(5) Tribal grants.--
(A) In general.--The Administrator may use amounts
appropriated under paragraph (2)(A) to make grants to
eligible entities described in subparagraph (B) for the
purposes described in subparagraph (C).
(B) Eligible entities described.--An eligible entity
referred to in subparagraph (A) is--
(i) the governing body of an Indian Tribe; or
(ii) a legally established organization of Indians that--
(I) is controlled, sanctioned, or chartered by the
governing bodies of 2 or more Indian Tribes to be served, or
that is democratically elected by the adult members of the
Indian community to be served, by that organization; and
(II) includes the maximum participation of Indians in all
phases of the activities of that organization.
(C) Use of grant funds.--A grant under this paragraph shall
be used--
(i) in accordance with the second sentence of section
117(e)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9617(e)(1));
(ii) for obtaining technical assistance in carrying out
response actions under clause (iii); or
(iii) for carrying out response actions, if the
Administrator determines that the Indian Tribe has the
capability to carry out any or all of those response actions
in accordance with the criteria and priorities established
pursuant to section 105(a)(8) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9605(a)(8)).
(D) Applications.--An eligible entity desiring a grant
under this paragraph shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require.
(E) Limitations.--A grant under this paragraph shall be
governed by the rules, procedures, and limitations described
in section 117(e)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9617(e)(2)), except that--
(i) ``Administrator of the Environmental Protection
Agency'' shall be substituted for ``President'' each place it
appears in that section; and
(ii) in the first sentence of that section, ``under
subsection (t) of the ADVANCE Act of 2023'' shall be
substituted for ``under this subsection''.
(6) Statute of limitations.--If a remedial action described
in paragraph (3)(B) is scheduled at an eligible non-NPL site,
no action may be commenced for damages (as defined in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601))
with respect to that eligible non-NPL site unless the action
is commenced within the timeframe provided for such actions
with respect to facilities on the National Priorities List in
the first sentence of the matter following subparagraph (B)
of section 113(g)(1) of that Act (42 U.S.C. 9613(g)(1)).
(7) Coordination.--The Administrator shall coordinate with
the Indian Tribe on whose land the applicable site is located
in--
(A) selecting and prioritizing sites for response actions
under subparagraphs (A) and (B) of paragraph (3); and
(B) carrying out those response actions.
(u) Development, Qualification, and Licensing of Advanced
Nuclear Fuel Concepts.--
(1) In general.--The Commission shall establish an
initiative to enhance preparedness and coordination with
respect to the qualification and licensing of advanced
nuclear fuel.
(2) 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--
(A) to share technical expertise and knowledge through--
(i) 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;
(ii) operating a database to store and share data and
knowledge relevant to nuclear science and engineering between
Federal agencies and the private sector;
(iii) leveraging expertise with respect to safety analysis
and research relating to advanced nuclear fuel; and
(iv) 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
(B) to ensure that--
(i) the Department of Energy has sufficient technical
expertise to support the timely research, development,
demonstration, and commercial application of advanced nuclear
fuel;
(ii) 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;
(iii)(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 subclause (I), as needed; and
(iv) 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.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing the
efforts of the Commission under paragraph (1), including--
(i) 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;
(ii) activities planned or undertaken under the memorandum
of understanding described in paragraph (2);
(iii) an accounting of the areas of research needed with
respect to advanced nuclear fuel; and
(iv) any other challenges or considerations identified by
the Commission.
(B) Consultation.--In developing the report under
subparagraph (A), the Commission shall seek input from--
(i) the Secretary of Energy;
(ii) National Laboratories;
(iii) the nuclear energy industry;
(iv) technology developers;
(v) nongovernmental organizations; and
(vi) other public stakeholders.
(v) Commission Workforce.--
[[Page S2594]]
(1) Definition of chairman.--In this subsection, the term
``Chairman'' means the Chairman of the Commission.
(2) Hiring bonus and appointment authority.--
(A) In general.--Notwithstanding section 161 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision
of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C.
app.), and any provision of title 5, United States Code,
governing appointments and General Schedule classification
and pay rates, the Chairman may, subject to the limitations
described in subparagraph (C), and without regard to the
civil service laws--
(i) establish the positions described in subparagraph (B);
and
(ii) appoint persons to the positions established under
clause (i).
(B) Positions described.--The positions referred to in
subparagraph (A)(i) are--
(i) permanent or term-limited positions with highly
specialized scientific, engineering, and technical
competencies to address a critical licensing or regulatory
oversight need for the Commission, including--
(I) health physicist;
(II) reactor operations engineer;
(III) human factors analyst or engineer;
(IV) risk and reliability analyst or engineer;
(V) licensing project manager;
(VI) reactor engineer for severe accidents;
(VII) geotechnical engineer;
(VIII) structural engineer;
(IX) reactor systems engineer;
(X) reactor engineer;
(XI) radiation scientist;
(XII) seismic engineer; and
(XIII) electronics engineer; or
(ii) permanent or term-limited positions to be filled by
exceptionally well-qualified individuals that the Chairman,
subject to paragraph (5), determines are necessary to fulfill
the mission of the Commission.
(C) Limitations.--
(i) In general.--Appointments under subparagraph (A)(ii)
may be made to not more than--
(I)(aa) 15 permanent positions described in subparagraph
(B)(i) during fiscal year 2024; and
(bb) 10 permanent positions described in subparagraph
(B)(i) during each fiscal year thereafter;
(II)(aa) 15 term-limited positions described in
subparagraph (B)(i) during fiscal year 2024; and
(bb) 10 term-limited positions described in subparagraph
(B)(i) during each fiscal year thereafter;
(III)(aa) 15 permanent positions described in subparagraph
(B)(ii) during fiscal year 2024; and
(bb) 10 permanent positions described in subparagraph
(B)(ii) during each fiscal year thereafter; and
(IV)(aa) 15 term-limited positions described in
subparagraph (B)(ii) during fiscal year 2024; and
(bb) 10 term-limited positions described in subparagraph
(B)(ii) during each fiscal year thereafter.
(ii) Term of term-limited appointment.--If a person is
appointed to a term-limited position described in clause (i)
or (ii) of subparagraph (B), the term of that appointment
shall not exceed 4 years.
(iii) Staff positions.--Subject to paragraph (5),
appointments made to positions established under this
paragraph shall be to a range of staff positions that are of
entry, mid, and senior levels, to the extent practicable.
(D) Hiring bonus.--The Commission may pay a person
appointed under subparagraph (A) a 1-time hiring bonus in an
amount not to exceed the least of--
(i) $25,000;
(ii) the amount equal to 15 percent of the annual rate of
basic pay of the employee; and
(iii) the amount of the limitation that is applicable for a
calendar year under section 5307(a)(1) of title 5, United
States Code.
(3) Compensation and appointment authority.--
(A) In general.--Notwithstanding section 161 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision
of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C.
app.), and chapter 51, and subchapter III of chapter 53, of
title 5, United States Code, the Chairman, subject to the
limitations described in subparagraph (C) and without regard
to the civil service laws, may--
(i) establish and fix the rates of basic pay for the
positions described in subparagraph (B); and
(ii) appoint persons to the positions established under
clause (i).
(B) Positions described.--The positions referred to in
subparagraph (A)(i) are--
(i) positions with highly specialized scientific,
engineering, and technical competencies to address a critical
need for the Commission, including--
(I) health physicist;
(II) reactor operations engineer;
(III) human factors analyst or engineer;
(IV) risk and reliability analyst or engineer;
(V) licensing project manager;
(VI) reactor engineer for severe accidents;
(VII) geotechnical engineer;
(VIII) structural engineer;
(IX) reactor systems engineer;
(X) reactor engineer;
(XI) radiation scientist;
(XII) seismic engineer; and
(XIII) electronics engineer; or
(ii) positions to be filled by exceptionally well-qualified
persons that the Chairman, subject to paragraph (5),
determines are necessary to fulfill the mission of the
Commission.
(C) Limitations.--
(i) In general.--The annual rate of basic pay for a
position described in subparagraph (B) may not exceed the per
annum rate of salary payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(ii) Number of positions.--Appointments under subparagraph
(A)(ii) may be made to not more than--
(I) 10 positions described in subparagraph (B)(i) per
fiscal year, not to exceed a total of 50 positions; and
(II) 10 positions described in subparagraph (B)(ii) per
fiscal year, not to exceed a total of 50 positions.
(D) Performance bonus.--
(i) In general.--Subject to clauses (ii) and (iii), an
employee may be paid a 1-time performance bonus in an amount
not to exceed the least of--
(I) $25,000;
(II) the amount equal to 15 percent of the annual rate of
basic pay of the person; and
(III) the amount of the limitation that is applicable for a
calendar year under section 5307(a)(1) of title 5, United
States Code.
(ii) Performance.--Any 1-time performance bonus under
clause (i) shall be made to a person who demonstrated
exceptional performance in the applicable fiscal year,
including--
(I) leading a project team in a timely, efficient, and
predictable licensing review to enable the safe use of
nuclear technology;
(II) making significant contributions to a timely,
efficient, and predictable 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,
subject to paragraph (5).
(iii) Limitations.--The Commission may pay a 1-time
performance bonus under clause (i) for not more than 15
persons per fiscal year, and a person who receives a 1-time
performance bonus under that clause may not receive another
1-time performance bonus under that clause for a period of 5
years thereafter.
(4) Annual solicitation for nuclear regulator
apprenticeship network applications.--The Chairman, on an
annual basis, shall solicit applications for the Nuclear
Regulator Apprenticeship Network.
(5) Application of merit system principles.--To the maximum
extent practicable, appointments under paragraphs (2)(A) and
(3)(A) and any 1-time performance bonus under paragraph
(3)(D) shall be made in accordance with the merit system
principles set forth in section 2301 of title 5, United
States Code.
(6) Delegation.--Pursuant to Reorganization Plan No. 1 of
1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman shall
delegate, subject to the direction and supervision of the
Chairman, the authority provided by paragraphs (2), (3), and
(4) to the Executive Director for Operations of the
Commission.
(7) Annual report.--The Commission shall include in the
annual budget justification of the Commission--
(A) information that describes--
(i) the total number of and the positions of the persons
appointed under the authority provided by paragraph (2);
(ii) the total number of and the positions of the persons
paid at the rate determined under the authority provided by
paragraph (3)(A);
(iii) the total number of and the positions of the persons
paid a 1-time performance bonus under the authority provided
by paragraph (3)(D);
(iv) how the authority provided by paragraphs (2) and (3)
is being used, and has been used during the previous fiscal
year, to address the hiring and retention needs of the
Commission with respect to the positions described in those
subsections to which that authority is applicable;
(v) if the authority provided by paragraphs (2) and (3) is
not being used, or has not been used, the reasons, including
a justification, for not using that authority; and
(vi) the attrition levels with respect to the term-limited
appointments made under paragraph (2), including, with
respect to persons leaving a position before completion of
the applicable term of service, the average length of service
as a percentage of the term of service;
(B) an assessment of--
(i) the current critical workforce needs of the Commission,
including any critical workforce needs that the Commission
anticipates in the subsequent 5 fiscal years; and
(ii) further skillsets that are or will be needed for the
Commission to fulfill the licensing and oversight
responsibilities of the Commission; and
(C) the plans of the Commission to assess, develop, and
implement updated staff performance standards, training
procedures, and schedules.
(8) Report on attrition and effectiveness.--Not later than
September 30, 2032, the Commission shall submit to the
Committees on Appropriations and Environment and Public Works
of the Senate and the Committees on Appropriations and Energy
and Commerce of the House of Representatives a report that--
[[Page S2595]]
(A) describes the attrition levels with respect to the
term-limited appointments made under paragraph (2),
including, with respect to persons leaving a position before
completion of the applicable term of service, the average
length of service as a percentage of the term of service;
(B) provides the views of the Commission on the
effectiveness of the authorities provided by paragraphs (2)
and (3) in helping the Commission fulfill the mission of the
Commission; and
(C) makes recommendations with respect to whether the
authorities provided by paragraphs (2) and (3) should be
continued, modified, or discontinued.
(w) Commission Corporate Support Funding.--
(1) 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--
(A) 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
(B) whether the Commission is meeting and is expected to
meet the total budget authority caps required for corporate
support under that section.
(2) Limitation on corporate support costs.--Section
102(a)(3) of the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215(a)(3)) is amended by striking
subparagraphs (B) and (C) and inserting the following:
``(B) 30 percent for fiscal year 2024 and each fiscal year
thereafter.''.
(3) Corporate support costs clarification.--Paragraph (9)
of section 3 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215 note; Public Law 115-439)
(as redesignated by subsection (g)(1)(A)) is amended--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) 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.''.
(x) Performance and Reporting Update.--Section 102(c) of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(c)) is amended--
(1) in paragraph (3)--
(A) in the paragraph heading, by striking ``180'' and
inserting ``90''; and
(B) by striking ``180'' and inserting ``90''; and
(2) by adding at the end the following:
``(4) Periodic updates to metrics and schedules.--
``(A) Review and assessment.--Not less frequently than once
every 3 years, the Commission shall review and assess, based
on the licensing and regulatory activities of the Commission,
the performance metrics and milestone schedules established
under paragraph (1).
``(B) Revisions.--After each review and assessment under
subparagraph (A), the Commission shall revise and improve, as
appropriate, the performance metrics and milestone schedules
described in that subparagraph to provide the most efficient
metrics and schedules reasonably achievable.''.
(y) Nuclear Closure Communities.--
(1) Definitions.--In this subsection:
(A) Community advisory board.--The term ``community
advisory board'' means a community committee or other
advisory organization that aims to foster communication and
information exchange between a licensee planning for and
involved in decommissioning activities and members of the
community that decommissioning activities may affect.
(B) Decommission.--The term ``decommission'' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or successor regulations).
(C) Eligible recipient.--The term ``eligible recipient''
has the meaning given the term in section 3 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3122).
(D) Licensee.--The term ``licensee'' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or successor regulations).
(E) Nuclear closure community.--The term ``nuclear closure
community'' means a unit of local government, including a
county, city, town, village, school district, or special
district, that has been impacted, or reasonably demonstrates
to the satisfaction of the Secretary that it will be
impacted, by a nuclear power plant licensed by the Commission
that--
(i) is not co-located with an operating nuclear power
plant;
(ii) is at a site with spent nuclear fuel; and
(iii) as of the date of enactment of this Act--
(I) has ceased operations; or
(II) has provided a written notification to the Commission
that it will cease operations.
(F) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary of
Commerce for Economic Development.
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
grant program to provide grants to eligible recipients--
(A) to assist with economic development in nuclear closure
communities; and
(B) to fund community advisory boards in nuclear closure
communities.
(3) Requirement.--In carrying out this subsection, to the
maximum extent practicable, the Secretary shall implement the
recommendations described in the report submitted to Congress
under section 108 of the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439; 132 Stat. 5577)
entitled ``Best Practices for Establishment and Operation of
Local Community Advisory Boards Associated with
Decommissioning Activities at Nuclear Power Plants''.
(4) Distribution of funds.--The Secretary shall establish a
formula to ensure, to the maximum extent practicable,
geographic diversity among grant recipients under this
subsection.
(5) Authorization of appropriations.--
(A) In general.--There are authorized to be appropriated to
the Secretary--
(i) to carry out paragraph (2)(A), $35,000,000 for each of
fiscal years 2023 through 2028; and
(ii) to carry out paragraph (2)(B), $5,000,000 for each of
fiscal years 2023 through 2025.
(B) Availability.--Amounts made available under this
subsection shall remain available for a period of 5 years
beginning on the date on which the amounts are made
available.
(C) No offset.--None of the funds made available under this
subsection may be used to offset the funding for any other
Federal program.
(z) 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''.
(aa) 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 Congress a report
describing any engagement between the Commission and the
Government of Canada with respect to nuclear waste issues in
the Great Lakes Basin.
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