[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

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     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.
                                 ______