[Congressional Record Volume 170, Number 36 (Wednesday, February 28, 2024)]
[House]
[Pages H703-H715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ATOMIC ENERGY ADVANCEMENT ACT
Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6544) to advance the benefits of nuclear energy by enabling
efficient, timely, and predictable licensing, regulation, and
deployment of nuclear energy technologies, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6544
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Atomic
Energy Advancement Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--NUCLEAR REGULATORY COMMISSION
Subtitle A--Efficiency, Performance, and Preparation for the Future
Sec. 101. NRC mission alignment.
Sec. 102. Nuclear licensing efficiency.
Sec. 103. Strengthening the NRC workforce.
Subtitle B--Fee Reduction
Sec. 111. Advanced reactor fee reduction.
Sec. 112. Advanced nuclear reactor prize.
Subtitle C--Siting, Licensing, and Oversight Reviews
Sec. 121. Modernization of nuclear reactor environmental reviews.
Sec. 122. Nuclear for Brownfield sites.
Sec. 123. Advancement of nuclear regulatory oversight.
TITLE II--NUCLEAR TECHNOLOGY DEPLOYMENT
Sec. 201. Advanced nuclear deployment.
Sec. 202. Global nuclear cooperation.
Sec. 203. American nuclear competitiveness.
TITLE I--NUCLEAR REGULATORY COMMISSION
Subtitle A--Efficiency, Performance, and Preparation for the Future
SEC. 101. NRC MISSION ALIGNMENT.
(a) Mission of the Commission.--
(1) Update.--Not later than 1 year after the date of
enactment of this Act, the Nuclear Regulatory Commission
shall, while remaining consistent with the policies of the
Atomic Energy Act of 1954 (including to provide reasonable
assurance of adequate protection of the public health and
safety, to promote the common defense and security, and to
protect the environment), update the mission statement of the
Commission to include that licensing and regulation of
nuclear energy activities be conducted in a manner that is
efficient and does not unnecessarily limit--
(A) the potential of nuclear energy to improve the general
welfare; and
(B) the benefits of nuclear energy technology to society.
(2) Report.--Upon completion of the update to the mission
statement required under paragraph (1), the Nuclear
Regulatory Commission shall submit to Congress a report that
describes--
(A) the updated mission statement; and
(B) the guidance that the Nuclear Regulatory Commission
will provide to staff of the Nuclear Regulatory Commission to
ensure effective performance of such mission.
(b) Office of Nuclear Reactor Regulation.--Section 203 of
the Energy Reorganization Act of 1974 (42 U.S.C. 5843) is
amended--
(1) in subsection (a), by striking ``(a) There'' and
inserting the following:
``(a) Establishment; Appointment of Director.--There'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``(b) Subject'' and inserting the
following:
``(b) Functions of Director.--Subject''; and
(ii) by striking ``delegate including:'' and inserting
``delegate, including the following:''; and
(B) in paragraph (3), by striking ``for the discharge of
the'' and inserting ``to fulfill the licensing and regulatory
oversight'';
(3) in subsection (c), by striking ``(c) Nothing'' and
inserting the following:
``(d) Responsibility for Safe Operation of Facilities.--
Nothing''; and
(4) by inserting after subsection (b) the following:
``(c) Licensing Process.--In carrying out the principal
licensing and regulation functions under subsection (b)(1),
the Director of Nuclear Reactor Regulation shall--
``(1) establish techniques and guidance for evaluating
applications for licenses for nuclear reactors to support
efficient, timely, and predictable reviews of applications
for such licenses to enable the safe and secure use of
nuclear reactors;
``(2) maintain the techniques and guidance established
under paragraph (1) by periodically assessing and, if
necessary, modifying such techniques and guidance; and
``(3) obtain approval from the Commission if establishment
or modification of the techniques and guidance established
under paragraph (1) or (2) involves policy formulation.''.
SEC. 102. NUCLEAR LICENSING EFFICIENCY.
(a) Efficient Licensing Reviews.--
(1) General.--Section 181 of the Atomic Energy Act of 1954
(42 U.S.C. 2231) is amended--
(A) by striking ``The provisions of'' and inserting the
following:
``(a) The provisions of''; and
(B) by adding at the end the following:
``(b) Consistent with the declaration in section 1, the
Commission shall provide for efficient, timely, and
predictable reviews and proceedings for the granting,
suspending, revoking, or amending of any license or
construction permit, or application to transfer control, and
in any proceeding for the issuance or modification of rules
and regulations dealing with the activities of licenses.''.
(2) Construction permits and operating licenses.--Section
185 of the Atomic Energy Act of 1954 (42 U.S.C. 2235) is
amended by adding at the end the following:
``c. Application Reviews for Production and Utilization
Facilities of an Existing Site.--In reviewing an application
for an early site permit, construction permit, operating
license, or combined construction permit and operating
license for a production facility or utilization facility
located at the site of a production facility or utilization
facility licensed by the Commission, the Commission shall, to
the extent practicable, use
[[Page H704]]
information that was part of the licensing basis of the
licensed production facility or utilization facility.''.
(b) Performance Metrics and Milestones.--Section 102(c) of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(c)) is amended--
(1) in paragraph (3)--
(A) in the paragraph heading, by striking ``180'' and
inserting ``90''; and
(B) by striking ``180'' and inserting ``90''; and
(2) by adding at the end the following:
``(4) Periodic updates to metrics and schedules.--
``(A) Review and assessment.--Not less frequently than once
every 3 years, the Commission shall review and assess, based
on the licensing and regulatory activities of the Commission,
the performance metrics and milestone schedules developed
under paragraph (1).
``(B) Revisions.--After each review and assessment under
subparagraph (A), the Commission shall revise, as
appropriate, the performance metrics and milestone schedules
developed under paragraph (1) to provide the most efficient
performance metrics and milestone schedules reasonably
achievable.''.
(c) 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.--Notwithstanding
section 3(1), for purposes of subparagraph (A), the term
`advanced nuclear reactor applicant' does not include an
applicant for a license for a nuclear fusion reactor.''.
(d) 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''.
(e) Fusion Machines.--
(1) Definition.--Section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014) is amended by adding at the end the
following:
``kk. Fusion Machine.--The term `fusion machine' means a
particle accelerator that is capable of--
``(1) transforming atomic nuclei, through fusion processes,
into other elements, isotopes, or particles; and
``(2) directly capturing and using the resultant products,
including particles, heat, and other electromagnetic
radiation.''.
(2) Technology-inclusive regulatory framework.--
(A) In general.--Section 103(a) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2133 note) is
further amended--
(i) in paragraph (4), by adding at the end the following:
``(C) Fusion machine applicants.--Not later than December
31, 2027, the Commission shall complete a rulemaking to
establish a technology-inclusive, regulatory framework for
optional use by fusion machine applicants for new license
applications.''; and
(ii) in paragraph (5)(B)(ii), by inserting ``and fusion
machine license applications'' after ``commercial advanced
nuclear reactor license applications''.
(B) Definitions.--Section 3 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215 note) is
amended by adding at the end the following:
``(21) Fusion machine.--The term `fusion machine' has the
meaning given such term in subsection kk. of section 11 of
the Atomic Energy Act of 1954.''.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Nuclear Regulatory Commission
shall submit to Congress a report on--
(A) the results of a study, conducted in consultation with
Agreement States (as defined in section 3 of the Nuclear
Energy Innovation and Modernization Act (42 U.S.C. 2215 note)
and the private fusion sector, on risk- and performance-
based, design-specific licensing frameworks for mass-
manufactured fusion machines (as defined in subsection kk. of
section 11 of the Atomic Energy Act of 1954, as added by this
subsection), that includes evaluation of the Federal Aviation
Administration's design, manufacturing, and operations
certification process for aircraft as a potential model for
mass-manufactured fusion machine regulations; and
(B) the estimated timeline for the Commission to issue
consolidated guidance or regulations for licensing mass-
manufactured fusion machines, taking into account the results
of such study and the anticipated need for such guidance or
regulations.
SEC. 103. STRENGTHENING THE NRC WORKFORCE.
(a) Commission Workforce.--
(1) General authority.--The Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) is amended by inserting after section
161A the following:
``SEC. 161B. COMMISSION WORKFORCE.
``(a) Direct Hire Authority.--
``(1) In general.--Notwithstanding section 161 d. of this
Act and section 2(b) of Reorganization Plan No. 1 of 1980 (94
Stat. 3585; 5 U.S.C. app.), and without regard to any
provision of title 5 (except sections 3303 and 3328), United
States Code, governing appointments in the civil service, if
the Chairman of the Nuclear Regulatory Commission (in this
section referred to as the `Chairman') issues or renews a
certification that there is a severe shortage of candidates
or a critical hiring need for covered positions to carry out
the Nuclear Regulatory Commission's (in this section referred
to as the `Commission') responsibilities and activities in a
timely, efficient, and effective manner, the Chairman may,
during any period when such a certification is in effect--
``(A) recruit and directly appoint highly qualified
individuals into the excepted service for covered positions;
and
``(B) establish in the excepted service term-limited
covered positions and recruit and directly appoint highly
qualified individuals into such term-limited covered
positions, which may not exceed a term of 4 years.
``(2) Limitations.--
``(A) Merit principles.--To the maximum extent practicable,
any action authorized pursuant to paragraph (1) shall be
consistent with the merit principles of section 2301 of title
5, United States Code.
``(B) Number.--The number of highly qualified individuals
serving in--
``(i) covered positions pursuant to paragraph (1)(A) may
not exceed 210 at any one time; and
``(ii) term-limited covered positions pursuant to paragraph
(1)(B) may not exceed 80 at any one time.
``(C) Compensation.--The Chairman may not use authority
under paragraph (1)(A) or paragraph (1)(B) to compensate
individuals recruited and directly appointed into a covered
position or a term-limited covered position at an annual rate
of basic pay higher than the annual salary payable for level
III of the Executive Schedule under section 5314 of title 5,
United States Code.
``(D) Senior executive service position.--The Chairman may
not, under paragraph (1)(A) or paragraph (1)(B), appoint
highly qualified individuals to any Senior Executive Service
position, as defined in section 3132 of title 5, United
States Code.
``(3) Renewal.--The Chairman may renew a certification
issued or renewed under this subsection if the Chairman
determines there is still a severe shortage of candidates or
a critical hiring need for covered positions to carry out the
Commission's responsibilities and activities in a timely,
efficient, and effective manner.
``(4) Termination.--A certification issued or renewed under
this subsection shall terminate on the earlier of--
``(A) the date that is 10 years after the certification is
renewed or issued; or
``(B) the date on which the Chairman determines there is no
longer a severe shortage of candidates or a critical hiring
need for covered positions to carry out the Commission's
responsibilities and activities in a timely, efficient, and
effective manner.
``(5) Level of positions.--To the extent practicable, in
carrying out paragraph (1) the Chairman shall recruit and
directly appoint highly qualified individuals into the
excepted service to entry, mid, and senior level covered
positions, including term-limited covered positions.
``(b) Addressing Insufficient Compensation of Employees and
Other Personnel of the Commission.--
``(1) In general.--Notwithstanding any other provision of
law, if the Chairman issues or renews a certification that
compensation for employees or other personnel of the
Commission serving in a covered position is insufficient to
retain or attract such employees and other personnel to allow
the Commission to carry out the responsibilities and
activities of the Commission in a timely, efficient, and
effective manner, the Chairman may, during any period when
such a certification is in effect, fix the compensation for
such employees or other personnel serving in a covered
position without regard to any provision of title 5, United
States Code, governing General Schedule classification and
pay rates.
``(2) Certification requirements.--A certification issued
or renewed under this subsection shall--
``(A) apply to employees or other personnel who serve in
covered positions;
``(B) terminate on the earlier of--
``(i) the date that is 10 years after the certification is
issued or renewed; or
``(ii) the date on which the Chairman determines that the
use of the authority of the
[[Page H705]]
Chairman under this subsection to fix compensation for
employees or other personnel serving in a covered position is
no longer necessary to retain or attract such employees and
other personnel to allow the Commission to carry out the
Commission's responsibilities and activities in a timely,
efficient, and effective manner; and
``(C) be no broader than necessary to achieve the objective
of retaining or attracting employees and other personnel
serving in a covered position to allow the Commission to
carry out the Commission's responsibilities and activities in
a timely, efficient, and effective manner.
``(3) Renewal.--The Chairman may renew a certification
issued or renewed under this subsection if the Chairman
determines that use of the authority of the Chairman under
this subsection to fix compensation for employees or other
personnel serving in a covered position is still necessary to
retain or attract such employees or other personnel to allow
the Commission to carry out the Commission's responsibilities
and activities in a timely, efficient, and effective manner.
``(4) Applicability.--The authority under this subsection
to fix the compensation of employees or other personnel
during any period when a certification issued or renewed
under paragraph (1) is in effect shall apply with respect to
an employee or other personnel serving in a covered position
regardless of when the employee or other personnel was hired.
``(5) Retention of level of fixed compensation.--The
termination of a certification issued or renewed under
paragraph (1) shall not affect the compensation of an
employee or other personnel serving in a covered position
whose compensation was fixed by the Chairman in accordance
with paragraph (1).
``(6) Limitation on compensation.--The Chairman may not use
the authority under paragraph (1) to fix the compensation of
employees or other personnel at an annual rate of basic pay
higher than the annual salary payable for level III of the
Executive Schedule under section 5314 of title 5, United
States Code.
``(7) Experts and consultants.--
``(A) In general.--Subject to subparagraph (B), the
Chairman may--
``(i) obtain the services of experts and consultants in
accordance with section 3109 of title 5, United States Code;
``(ii) compensate those experts and consultants for each
day (including travel time) at rates not in excess of the
rate of pay for level IV of the Executive Schedule under
section 5315 of that title; and
``(iii) pay to the experts and consultants serving away
from the homes or regular places of business of the experts
and consultants travel expenses and per diem in lieu of
subsistence at rates authorized by sections 5702 and 5703 of
that title for persons in Government service employed
intermittently.
``(B) Limitations.--The Chairman shall--
``(i) to the maximum extent practicable, limit the use of
experts and consultants pursuant to subparagraph (A); and
``(ii) ensure that the employment contract of each expert
and consultant employed pursuant to subparagraph (A) is
subject to renewal not less frequently than annually.
``(c) Additional Compensation Authority.--
``(1) For new employees.--The Chairman may pay a person
recruited and directly appointed under subsection (a) a 1-
time hiring bonus in an amount not to exceed $25,000.
``(2) For existing employees.--
``(A) In general.--Subject to subparagraph (B), an employee
or other personnel who the Chairman determines exhibited
exceptional performance in a fiscal year may be paid a
performance bonus in an amount not to exceed the least of--
``(i) $25,000; and
``(ii) the amount of the limitation that is applicable for
a calendar year under section 5307(a)(1) of title 5, United
States Code.
``(B) Limitations.--
``(i) Subsequent bonuses.--Any person who receives a
performance bonus under subparagraph (A) may not receive
another performance bonus under that subparagraph for a
period of 5 years thereafter.
``(ii) Hiring bonuses.--Any person who receives a 1-time
hiring bonus under paragraph (1) may not receive a
performance bonus under subparagraph (A) unless more than one
year has elapsed since the payment of such 1-time hiring
bonus.
``(d) Implementation Plan and Report.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Chairman shall develop and
implement a plan to carry out this section. Before
implementing such plan, the Chairman shall submit to the
Committee on Energy and Commerce of the House of
Representatives, the Committee on Environment and Public
Works of the Senate, and the Office of Personnel Management a
report on the details of the plan.
``(2) Report content.--The report submitted under paragraph
(1) shall include--
``(A) evidence and supporting documentation justifying the
plan; and
``(B) budgeting projections on costs and benefits resulting
from the plan.
``(3) Consultation.--The Chairman may consult with the
Office of Personnel Management, the Office of Management and
Budget, and the Comptroller General of the United States in
developing the plan under paragraph (1).
``(e) Delegation.--The Chairman shall delegate, subject to
the direction and supervision of the Chairman, the authority
provided by subsections (a), (b), and (c) to the Executive
Director for Operations of the Commission.
``(f) Information on Hiring, Vacancies, and Compensation.--
``(1) In general.--The Commission shall include in its
budget materials submitted in support of the budget of the
President (submitted to Congress pursuant to section 1105 of
title 31, United States Code), for each fiscal year beginning
after the date of enactment of this section, information
relating to hiring, vacancies, and compensation at the
Commission.
``(2) Inclusions.--The information described in paragraph
(1) shall include--
``(A) an analysis of any trends with respect to hiring,
vacancies, and compensation at the Commission;
``(B) a description of the efforts to retain and attract
employees or other personnel to serve in covered positions at
the Commission;
``(C) information that describes--
``(i) if a certification under subsection (a) was in effect
at any point in the previous year, how the authority provided
by that subsection is being used to address the hiring needs
of the Commission;
``(ii) the total number of highly qualified individuals
serving in--
``(I) covered positions pursuant to subsection (a)(1)(A);
and
``(II) term-limited covered positions pursuant to
subsection (a)(1)(B);
``(iii) if a certification under subsection (b) was in
effect at any point in the previous year, how the authority
provided by that subsection is being used to address the
hiring or retention needs of the Commission;
``(iv) the total number of employees or other personnel
serving in a covered position that have their compensation
fixed pursuant to subsection (b);
``(v) if a certification under subsection (a) or (b) was
terminated or was not in effect at any point in the previous
year, why such a certification was terminated or was not in
effect;
``(vi) the attrition levels with respect to term-limited
covered positions appointed under subsection (a)(1)(B),
including the number of individuals leaving a term-limited
covered position before completion of the applicable term of
service and the average length of service for such
individuals as a percentage of the applicable term of
service; and
``(vii) the number of experts and consultants retained
under subsection (b)(7); and
``(D) an assessment of--
``(i) the current critical workforce needs of the
Commission and any critical workforce needs that the
Commission anticipates in the next five years; and
``(ii) additional skillsets that are or likely will be
needed for the Commission to fulfill the licensing and
oversight responsibilities of the Commission.
``(g) Covered Position.--In this section, the term `covered
position' means a position in which an employee or other
personnel is responsible for conducting work of a scientific,
technical, engineering, mathematical, legal, managerial, or
otherwise highly specialized or skilled nature.''.
(2) Table of contents.--The table of contents of the Atomic
Energy Act of 1954 is amended by inserting after the item
relating to section 161 the following:
``Sec. 161A. Use of firearms by security personnel.
``Sec. 161B. Commission workforce.''.
(b) Government Accountability Office Report.--Not later
than September 30, 2032, the Comptroller General of the
United States shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that--
(1) evaluates the extent to which the authorities provided
under subsections (a), (b), and (c) of section 161B of the
Atomic Energy Act of 1954 (as added by this Act) have been
utilized;
(2) describes the role in which the highly qualified
individuals recruited and directly appointed pursuant to
section 161B(a) of the Atomic Energy Act of 1954 (as added by
this Act) have been utilized to support the licensing of
advanced nuclear reactors;
(3) assesses the effectiveness of the authorities provided
under subsections (a), (b), and (c) of section 161B of the
Atomic Energy Act of 1954 (as added by this Act) in helping
the Nuclear Regulatory Commission fulfill its mission;
(4) makes recommendations to improve the Nuclear Regulatory
Commission's strategic workforce management; and
(5) makes recommendations with respect to whether Congress
should enhance, modify, or discontinue the authorities
provided under subsections (a), (b), and (c) of section 161B
of the Atomic Energy Act of 1954 (as added by this Act).
(c) Annual Solicitation for Nuclear Regulator
Apprenticeship Network Applications.--The Nuclear Regulatory
Commission, on an annual basis, shall solicit applications
for the Nuclear Regulator Apprenticeship Network.
Subtitle B--Fee Reduction
SEC. 111. ADVANCED REACTOR FEE REDUCTION.
(a) Definitions.--Section 3 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215 note; Public
Law 115-439) is amended--
[[Page H706]]
(1) by redesignating paragraphs (2) through (15) as
paragraphs (3), (6), (7), (8), (9), (10), (11), (14), (15),
(16), (17), (18), (19), and (20), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Advanced nuclear reactor applicant.--The term
`advanced nuclear reactor applicant' means an entity that has
submitted to the Commission an application for a license for
an advanced nuclear reactor under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.).'';
(3) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Advanced nuclear reactor preapplicant.--The term
`advanced nuclear reactor preapplicant' means an entity that
has submitted to the Commission a licensing project plan for
the purposes of submitting a future application for a license
for an advanced nuclear reactor under the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.).
``(5) Agency support.--The term `agency support' has the
meaning given the term `agency support (corporate support and
the IG)' in section 170.3 of title 10, Code of Federal
Regulations (or any successor regulation).''; and
(4) by inserting after paragraph (11) (as so redesignated)
the following:
``(12) Mission-direct program salaries and benefits.--The
term `mission-direct program salaries and benefits' has the
meaning given such term in section 170.3 of title 10, Code of
Federal Regulations (or any successor regulation).
``(13) Mission-indirect program support.--The term
`mission-indirect program support' has the meaning given such
term in section 170.3 of title 10, Code of Federal
Regulations (or any successor regulation).''.
(b) Excluded Activities.--Section 102(b)(1)(B) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C.
2215(b)(1)(B)) is amended by adding at the end the following:
``(iv) The total costs of mission-indirect program support
and agency support that, under paragraph (2)(B)(ii), may not
be included in the professional hourly rate charged for fees
assessed and collected from advanced nuclear reactor
applicants.
``(v) The total costs of mission-indirect program support
and agency support that, under paragraph (2)(C)(ii), may not
be included in the professional hourly rate charged for fees
assessed and collected from advanced nuclear reactor
preapplicants.''.
(c) Fees for Service or Thing of Value.--Section 102(b) of
the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(b)) is amended by striking paragraph (2) and
inserting the following:
``(2) Fees for service or thing of value.--
``(A) In general.--In accordance with section 9701 of title
31, United States Code, the Commission shall assess and
collect fees from any person who receives a service or thing
of value from the Commission to cover the costs to the
Commission of providing the service or thing of value.
``(B) Advanced nuclear reactor applicants.--The
professional hourly rate charged for fees assessed and
collected from an advanced nuclear reactor applicant under
this paragraph relating to the review of a submitted
application for an advanced nuclear reactor may not--
``(i) exceed the professional hourly rate for mission-
direct program salaries and benefits of the Nuclear Reactor
Safety Program; and
``(ii) include the costs of mission-indirect program
support and agency support.
``(C) Advanced nuclear reactor preapplicants.--The
professional hourly rate charged for fees assessed and
collected from an advanced nuclear reactor preapplicant under
this paragraph relating to the review of submitted materials
as described in the licensing project plan of such advanced
nuclear reactor preapplicant may not--
``(i) exceed the professional hourly rate for mission-
direct program salaries and benefits of the Nuclear Reactor
Safety Program; and
``(ii) include the costs of mission-indirect program
support and agency support.
``(D) Calculation of hourly rate.--In this paragraph, the
professional hourly rate for mission-direct program salaries
and benefits of the Nuclear Reactor Safety Program equals the
quotient obtained by dividing--
``(i) 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 of the Nuclear Reactor
Safety Program (as determined by the Commission) for a fiscal
year; by
``(ii) the productive hours assumption for that fiscal
year, determined in accordance with the formula established
in the document referred to in clause (i) (or a successor
document).''.
(d) Sunset.--Section 102(f) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215(f)) is
amended to read as follows:
``(f) Cessation of Effectiveness.--Paragraphs (1)(B)(v) and
(2)(C) of subsection (b) shall cease to be effective on
September 30, 2029.''.
(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 2024.
SEC. 112. ADVANCED NUCLEAR REACTOR PRIZE.
Section 103 of the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439; 132 Stat. 5571) is
amended by adding at the end the following:
``(f) Prizes for Advanced Nuclear Reactor Licensing.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) a non-Federal entity; and
``(B) the Tennessee Valley Authority.
``(2) Prize for advanced nuclear reactor licensing.--
``(A) In general.--Notwithstanding section 169 of the
Atomic Energy Act of 1954 (42 U.S.C. 2209) and subject to the
availability of appropriations, the Secretary is authorized
to make, with respect to each award category described in
subparagraph (C), an award in an amount described in
subparagraph (B) to the first eligible entity--
``(i) to which the Commission issues an operating license
for an advanced nuclear reactor under part 50 of title 10,
Code of Federal Regulations (or successor regulations), for
which an application has not been approved by the Commission
as of the date of enactment of this subsection; or
``(ii) for which the Commission makes a finding described
in section 52.103(g) of title 10, Code of Federal Regulations
(or successor regulations), with respect to a combined
license for an advanced nuclear reactor--
``(I) that is issued under subpart C of part 52 of that
title (or successor regulations); and
``(II) for which an application has not been approved by
the Commission as of the date of enactment of this
subsection.
``(B) Amount of award.--Subject to paragraph (3), an award
under subparagraph (A) shall be in an amount equal to the
total amount assessed by the Commission and collected under
section 102(b)(2) from the eligible entity receiving the
award for costs relating to the issuance of the license
described in that subparagraph, including, as applicable,
costs relating to the issuance of an associated construction
permit described in section 50.23 of title 10, Code of
Federal Regulations (or successor regulations), or early site
permit (as defined in section 52.1 of that title (or
successor regulations)).
``(C) Award categories.--An award under subparagraph (A)
may be made for--
``(i) the first advanced nuclear reactor for which the
Commission--
``(I) issues a license in accordance with clause (i) of
subparagraph (A); or
``(II) makes a finding in accordance with clause (ii) of
that subparagraph;
``(ii) an advanced nuclear reactor that--
``(I) uses isotopes derived from spent nuclear fuel (as
defined in section 2 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101)) or depleted uranium as fuel for the
advanced nuclear reactor; and
``(II) is the first advanced nuclear reactor described in
subclause (I) for which the Commission--
``(aa) issues a license in accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in accordance with clause (ii) of
that subparagraph;
``(iii) an advanced nuclear reactor that--
``(I) is a nuclear integrated energy system--
``(aa) that is composed of 2 or more co-located or jointly
operated subsystems of energy generation, energy storage, or
other technologies;
``(bb) in which not fewer than 1 subsystem described in
item (aa) is a nuclear energy system; and
``(cc) the purpose of which is--
``(AA) to reduce greenhouse gas emissions in both the power
and nonpower sectors; and
``(BB) to maximize energy production and efficiency; and
``(II) is the first advanced nuclear reactor described in
subclause (I) for which the Commission--
``(aa) issues a license in accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in accordance with clause (ii) of
that subparagraph;
``(iv) an advanced reactor that--
``(I) operates flexibly to generate electricity or high
temperature process heat for nonelectric applications; and
``(II) is the first advanced nuclear reactor described in
subclause (I) for which the Commission--
``(aa) issues a license in accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in accordance with clause (ii) of
that subparagraph; and
``(v) the first advanced nuclear reactor for which the
Commission grants approval to load nuclear fuel pursuant to
the technology-inclusive regulatory framework established
under subsection (a)(4).
``(3) Federal funding limitation.--
``(A) Exclusion of tva funds.--In this paragraph, the term
`Federal funds' does not include funds received under the
power program of the Tennessee Valley Authority established
pursuant to the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831 et seq.).
``(B) Limitation on amounts expended.--An award under this
subsection shall not exceed the total amount expended
(excluding any expenditures made with Federal funds received
for the applicable project and an amount equal to the minimum
cost-share required under section 988 of the Energy Policy
Act of 2005 (42 U.S.C. 16352)) by the eligible entity
receiving the award for licensing costs relating to the
project for which the award is made.
``(C) Repayments and dividends not required.--
Notwithstanding section 9104(a)(4) of title 31, United States
Code, or any other
[[Page H707]]
provision of law, an eligible entity that received 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.''.
Subtitle C--Siting, Licensing, and Oversight Reviews
SEC. 121. MODERNIZATION OF NUCLEAR REACTOR ENVIRONMENTAL
REVIEWS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Nuclear Regulatory Commission (in
this section referred to as the ``Commission'') shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the efforts of the Commission
to facilitate efficient, timely, and predictable
environmental reviews of nuclear reactor applications,
including through expanded use of categorical exclusions,
environmental assessments, and generic environmental impact
statements.
(b) Report.--In completing the report under subsection (a),
the Commission shall--
(1) describe the actions the Commission will take to
implement the amendments to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of
the Fiscal Responsibility Act of 2023;
(2) consider--
(A) using through adoption, incorporation by reference, or
other appropriate means, categorical exclusions,
environmental assessments, and environmental impact
statements prepared by other Federal agencies to streamline
environmental reviews of nuclear reactor applications by the
Commission;
(B) using categorical exclusions, environmental
assessments, and environmental impact statements prepared by
the Commission to streamline environmental reviews of nuclear
reactor applications by the Commission;
(C) using mitigated findings of no significant impact in
environmental reviews of nuclear reactor applications by the
Commission to reduce the impact of a proposed action to a
level that is not significant;
(D) the extent to which the Commission may rely on prior
studies or analyses prepared by Federal, State, and local
governmental permitting agencies to streamline environmental
reviews of nuclear reactor applications by the Commission;
(E) opportunities to coordinate the development of
environmental assessments and environmental impact statements
with other Federal agencies to avoid duplicative
environmental reviews and to streamline environmental reviews
of nuclear reactor applications by the Commission;
(F) opportunities to streamline formal and informal
consultations and coordination with other Federal, State, and
local governmental permitting agencies during environmental
reviews of nuclear reactor applications by the Commission;
(G) opportunities to streamline the Commission's analyses
of alternatives, including the Commission's analysis of
alternative sites, in environmental reviews of nuclear
reactor applications by the Commission;
(H) establishing new categorical exclusions that could be
applied to actions relating to new nuclear reactors
applications;
(I) amending section 51.20(b) of title 10, Code of Federal
Regulations, to allow the Commission to determine on a case-
specific basis whether an environmental assessment (rather
than an environmental impact statement or supplemental
environmental impact statement) is appropriate for a
particular nuclear reactor application, including in
proceedings in which the Commission relies upon a generic
environmental impact statement for advanced nuclear reactors;
(J) authorizing the use of an applicant's environmental
impact statement as the Commission's draft environmental
impact statement, consistent with section 107(f) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4336a(f));
(K) opportunities to adopt online and digital technologies,
including technologies that would allow applicants and
cooperating agencies to upload documents and coordinate with
the Commission to edit documents in real time, that would
streamline communications between--
(i) the Commission and applicants; and
(ii) the Commission and other relevant cooperating
agencies;
(L) in addition to implementing measures under subsection
(c), potential revisions to part 51 of title 10, Code of
Federal Regulations, and relevant Commission guidance
documents, to--
(i) facilitate efficient, timely, and predictable
environmental reviews of nuclear reactor applications;
(ii) assist decision-making about relevant environmental
issues;
(iii) maintain openness with the public;
(iv) meet obligations under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(v) reduce burdens on licensees, applicants, and the
Commission; and
(3) include a schedule for promulgating the rule required
under subsection (c).
(c) Rulemaking.--Not later than 2 years after the
submission of the report under subsection (a), the Commission
shall promulgate a final rule implementing, to the maximum
extent practicable, measures considered by the Commission
under subsection (b)(2) that are necessary to streamline the
Commission's review of nuclear reactor applications.
SEC. 122. NUCLEAR FOR BROWNFIELD SITES.
(a) Definitions.--In this section:
(1) Brownfield site.--The term ``brownfield site'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
(2) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(3) Covered site.--The term ``covered site'' means a
brownfield site, a retired fossil fuel site, or a site that
is both a retired fossil fuel site and a brownfield site.
(4) 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).
(5) 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 multiunit facilities that are partially
shut down.
(6) Utilization facility.--The term ``utilization
facility'' has the meaning given the term in section 11 of
the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(b) Identification of Regulatory Issues.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall evaluate the
extent to which modification of regulations, guidance, or
policy is needed to enable efficient, timely, and predictable
licensing reviews for, and to support the oversight of,
production facilities or utilization facilities at covered
sites.
(2) Requirement.--In carrying out paragraph (1), the
Commission shall consider how licensing reviews for
production facilities or utilization facilities at covered
sites may be expedited by--
(A) siting and operating a production facility or a
utilization facility at or near existing site infrastructure
to support the reuse of such infrastructure, including--
(i) electric switchyard components and transmission
infrastructure;
(ii) heat-sink components;
(iii) steam cycle components;
(iv) roads;
(v) railroad access; and
(vi) water availability;
(B) using early site permits;
(C) using plant parameter envelopes or similar standardized
site parameters on a portion of a larger site; and
(D) using a standardized application for similar sites.
(3) Report.--Not later than 14 months after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing any
regulations, guidance, and policies evaluated under paragraph
(1).
(c) Licensing.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall, based on the
evaluation under subsection (b)--
(A) develop and implement strategies to enable efficient,
timely, and predictable licensing reviews for, and to support
the oversight of, production facilities or utilization
facilities at covered sites; and
(B) initiate a rulemaking to enable efficient, timely, and
predictable licensing reviews for, and to support the
oversight of, production facilities or utilization facilities
at covered sites.
(2) Requirements.--In carrying out paragraph (1),
consistent with the mission of the Commission, the Commission
shall consider matters relating to--
(A) the use of existing site infrastructure;
(B) existing emergency preparedness organizations and
planning;
(C) the availability of historical site-specific
environmental data;
(D) previously completed environmental reviews required by
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
(E) activities associated with the potential
decommissioning of facilities or decontamination and
remediation at covered sites; and
(F) community engagement and historical experience with
energy production.
(d) Report.--Not later than 3 years after the date of
enactment of this Act, the Commission shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report describing the actions taken by
the Commission under subsection (c)(1).
SEC. 123. ADVANCEMENT OF NUCLEAR REGULATORY OVERSIGHT.
(a) Implementing Lessons Learned From the COVID-19 Health
Emergency.--
(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 actions taken
by the Commission during the public health emergency declared
by the Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2020, with respect to COVID-19.
(2) Contents.--The report submitted under paragraph (1)
shall--
(A) identify any processes, procedures, and other
regulatory policies that the Commission revised or
temporarily suspended during the public health emergency
described in paragraph (1);
(B) examine how any revision or temporary suspension of a
process, procedure, or other
[[Page H708]]
regulatory policy identified under subparagraph (A) affected
the ability of the Commission to license and regulate the
civilian use of radioactive materials in the United States to
protect public health and safety, promote the common defense
and security, and protect the environment;
(C) discuss lessons learned from the matters described in
subparagraph (B);
(D) list actions that the Commission has taken or will take
to incorporate into the licensing and oversight activities of
the Commission, without compromising the mission of the
Commission, the lessons described in subparagraph (C); and
(E) describe when the actions listed under subparagraph (D)
were implemented or may be implemented.
(b) Advancing Efficient, Risk-informed Oversight and
Inspections.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall develop and
submit to the appropriate committees of Congress a report
that identifies specific improvements to the nuclear reactor
and materials oversight and inspection programs carried out
pursuant to the Atomic Energy Act of 1954 that the Commission
may implement to maximize the efficiency of such programs
through, where appropriate, the use of risk-informed,
performance-based procedures, expanded incorporation of
information technologies, and staff training.
(2) Stakeholder input.--In developing the report under
paragraph (1), the Commission shall, as appropriate, seek
input from--
(A) the Secretary of Energy;
(B) the National Laboratories;
(C) the nuclear energy industry; and
(D) nongovernmental organizations that are related to
nuclear energy.
(3) Contents.--The report submitted under paragraph (1)
shall--
(A) assess specific elements of oversight and inspections
that may be modified by the use of technology, improved
planning, and continually updated risk-informed, performance-
based assessment, including--
(i) use of travel resources;
(ii) planning and preparation for inspections, including
entrance and exit meetings with licensees;
(iii) document collection and preparation, including
consideration of whether nuclear reactor data are accessible
prior to onsite visits or requests to the licensee and that
document requests are timely and within the scope of
inspections;
(iv) the cross-cutting issues program; and
(v) the scope of event reporting required by licensees to
ensure decisions are risk-informed;
(B) identify and assess measures to improve oversight and
inspections, including--
(i) elimination of areas of duplicative or otherwise
unnecessary activities;
(ii) increased use of templates in documenting inspection
results; and
(iii) periodic training of Commission staff and leadership
on the application of risk-informed criteria for--
(I) inspection planning and assessments;
(II) agency decision making processes on the application of
regulations and guidance; and
(III) the application of the Commission's standard of
reasonable assurance of adequate protection;
(C) assess measures to advance risk-informed procedures,
including--
(i) increased use of inspection approaches that balance the
level of resources commensurate with safety significance;
(ii) increased review of the use of inspection program
resources based on licensee performance;
(iii) expansion of modern information technology, including
artificial intelligence and machine learning to risk inform
oversight and inspection decisions; and
(iv) updating the Differing Professional Views or Opinions
process to ensure any impacts on agency decisions and
schedules are commensurate with the safety significance of
the differing opinion;
(D) assess the ability of the Commission, consistent with
its obligations to provide reasonable assurance of adequate
protection of health and safety pursuant to the Atomic Energy
Act of 1954, to enable licensee innovations that may advance
nuclear reactor operational efficiency and safety, including
the criteria of the Commission for timely acceptance of
licensee adoption of advanced technologies, including digital
technologies;
(E) identify recommendations resulting from the assessments
described in subparagraphs (A) through (D);
(F) identify specific actions that the Commission will take
to incorporate into the training, inspection, oversight, and
licensing activities, and regulations of the Commission,
without compromising the mission of the Commission, the
recommendations identified under subparagraph (E); and
(G) describe when the actions identified under subparagraph
(F) may be implemented.
(c) Office and Facility Space Review.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) review office and other facility space requirements of
the Commission; and
(B) submit to the appropriate committees of Congress a
report, with recommendations, on the results of such review.
(2) Contents.--The report described in paragraph (1) shall
include--
(A) an examination of--
(i) the costs associated with the headquarters, regional
offices, and technical training center of the Commission,
including examination of--
(I) costs that do not support the Commission's mission,
including rent subsidies for other Federal agencies; and
(II) opportunities to reduce future costs through reduction
in unnecessary office space, consolidation of offices, use of
advanced information technology, or any other appropriate
means; and
(ii) current and anticipated office and facility
requirements to efficiently accomplish the mission of the
Commission; and
(B) recommendations to Congress, the Commission, and the
General Services Administration for actions that may assist
in reducing office and facility costs to licensees and
taxpayers.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
(2) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(3) Licensee.--The term ``licensee'' means a person that
holds a license issued under section 103 or section 104 of
the Atomic Energy Act of 1954 (42 U.S.C. 2133; 2134).
TITLE II--NUCLEAR TECHNOLOGY DEPLOYMENT
SEC. 201. ADVANCED NUCLEAR DEPLOYMENT.
(a) Enabling Preparations for Advanced Nuclear Reactor
Demonstrations on Federal 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)) is
further 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 any
successor regulation)) to demonstrate an advanced nuclear
reactor on a Department of Energy site or any site or
installation that is critical national security
infrastructure (as defined in section 327(d) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019); and
``(II) pre-application activities relating to an early site
permit (as so defined) to demonstrate an advanced nuclear
reactor on a Department of Energy site or any site or
installation that is critical national security
infrastructure (as defined in section 327(d) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2024.
(b) Regulatory Requirements for Micro-reactors.--
(1) Micro-reactor licensing.--The Nuclear Regulatory
Commission (in this subsection referred to as the
``Commission'') shall--
(A) not later than 18 months after the date of enactment of
this Act, develop risk-informed and performance-based
strategies and guidance to license and regulate micro-
reactors pursuant to section 103 of the Atomic Energy Act of
1954 (42 U.S.C. 2133), including strategies and guidance
for--
(i) staffing and operations;
(ii) oversight and inspections;
(iii) safeguards and security;
(iv) emergency preparedness;
(v) risk analysis methods, including alternatives to
probabilistic risk assessments;
(vi) decommissioning funding assurance methods that permit
the use of design- and site-specific cost estimates;
(vii) the transportation of fueled micro-reactors; and
(viii) siting, including in relation to--
(I) the population density criterion limit described in the
policy issue paper on population-related siting
considerations for advanced reactors dated May 8, 2020, and
numbered SECY-20-0045;
(II) licensing mobile deployment; and
(III) environmental reviews; and
(B) not later than 3 years after the date of enactment of
this Act, implement, as appropriate, the strategies and
guidance developed under subparagraph (A)--
(i) within the existing regulatory framework;
(ii) through the technology-inclusive, regulatory framework
to be established under section 103(a)(4)(A) of the Nuclear
Energy Innovation and Modernization Act (42 U.S.C. 2133 note;
Public Law 115-439); or
(iii) through a pending or new rulemaking.
(2) Considerations.--In developing and implementing
strategies and guidance under paragraph (1), the Commission
shall consider--
(A) the unique characteristics of micro-reactors, including
characteristics relating to--
(i) physical size;
(ii) design simplicity; and
(iii) source term;
(B) opportunities to address redundancies and
inefficiencies;
(C) opportunities to consolidate review phases and reduce
transitions between review teams;
(D) opportunities to establish integrated review teams to
ensure continuity throughout the review process; and
[[Page H709]]
(E) other relevant considerations discussed in the policy
issue paper on policy and licensing considerations related to
micro-reactors dated October 6, 2020, and numbered SECY-20-
0093.
(3) Consultation.--In carrying out paragraph (1), the
Commission shall consult with--
(A) the Secretary of Energy;
(B) the heads of other Federal agencies, as appropriate;
(C) micro-reactor technology developers; and
(D) other stakeholders.
(c) Expedited Subsequent Combined Licenses.--
(1) In general.--In accordance with this subsection, the
Nuclear Regulatory Commission (referred to in this subsection
as the ``Commission'') shall establish and carry out an
expedited procedure for issuing a combined license pursuant
to section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2235).
(2) Qualifications.--To qualify for the expedited procedure
under paragraph (1), an applicant--
(A) shall submit a combined license application for a new
nuclear reactor based off a previously licensed design;
(B) shall propose to construct the new nuclear reactor on
or adjacent to a site on which a nuclear reactor already
operates or previously operated; and
(C) may not be subject to an order of the Commission to
suspend or revoke a license under section 2.202 of title 10,
Code of Federal Regulations (or any successor regulation).
(3) Expedited procedure.--With respect to a combined
license for which the applicant has satisfied the
requirements described in paragraph (2), the Commission
shall, to the maximum extent practicable--
(A) not later than 1 year after the application is accepted
for docketing, issue a draft environmental impact statement;
(B) not later than 18 months after the application is
accepted for docketing--
(i) complete the technical review process; and
(ii) issue a safety evaluation report and final
environmental impact statement;
(C) not later than 2 years after the application is
accepted for docketing, complete any necessary public
licensing hearings and related processes; and
(D) not later than 25 months after the application is
accepted for docketing, make a final decision on whether to
issue the combined license.
(4) Performance and reporting.--
(A) Delays in issuance.--Not later than 30 days after the
applicable deadline, the Executive Director for Operations of
the Commission shall inform the Commission of any failure to
meet a deadline under paragraph (3).
(B) Delays in issuance exceeding 90 days.--If any deadline
under paragraph (3) is not met by the date that is 90 days
after the applicable date required under such paragraph, the
Commission shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the delay, including a detailed explanation accounting for
the delay and a plan for completion of the applicable action.
(d) Pilot Program for Nuclear Power Purchase Agreements.--
(1) In general.--Subtitle B of title VI of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 782) is
amended by adding at the end the following:
``SEC. 639A. LONG-TERM NUCLEAR POWER PURCHASE AGREEMENT PILOT
PROGRAM.
``(a) Establishment.--The Secretary may establish a pilot
program under which the Secretary may enter into at least one
long-term power purchase agreement for power generated by a
commercial nuclear reactor with respect to which an initial
operating license is issued by the Nuclear Regulatory
Commission after January 1, 2024.
``(b) Consultation.--In establishing a pilot program under
this section, the Secretary shall consult with the heads of
other Federal departments and agencies that may benefit from
purchasing nuclear power for a period of longer than 10
years, including the Secretary of Defense.
``(c) Period of Agreement.--Notwithstanding any other
provision of law, an agreement entered into pursuant to this
section to purchase power from a commercial nuclear reactor
shall be made for a period of at least 10 years and not more
than 40 years.
``(d) Priority.--In carrying out this section, the
Secretary shall prioritize entering into long-term power
purchase agreements for power generated by first-of-a-kind or
early deployment commercial nuclear reactors that will
provide reliable and resilient power--
``(1) to high-value assets for national security purposes;
or
``(2) for other purposes that the Secretary determines are
in the national interest, including for remote off-grid
scenarios or grid-connected scenarios that provide
capabilities commonly known as `islanding power capabilities'
during an emergency.
``(e) Rates.--A long-term power purchase agreement entered
into under this section may not be at a rate that is higher
than the average market rate, unless the agreement is for
power generated by a commercial nuclear reactor described in
subsection (d).
``(f) Advanced Funding.--The Secretary--
``(1) may not enter into any power purchase agreement under
this section unless funds are specifically provided for such
purposes in advance in appropriations Acts enacted after the
date of enactment of this section; and
``(2) may only enter into such a power purchase agreement
if the full extent of anticipated costs stemming from such
agreement is recorded as an obligation up front and in full
at the time such agreement is made.''.
(2) Table of contents.--The table of contents of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
amended by inserting after the item relating to section 639
the following:
``Sec. 639A. Long-term nuclear power purchase agreement pilot
program.''.
SEC. 202. GLOBAL NUCLEAR COOPERATION.
(a) Global Nuclear Energy Assessment Study.--
(1) Study required.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of State, the Secretary of
Commerce, the Administrator of the Environmental Protection
Agency, and the Commission, shall conduct a study on the
global status of--
(A) the civilian nuclear energy industry; and
(B) the supply chains of the civilian nuclear energy
industry.
(2) Contents.--The study conducted under paragraph (1)
shall include--
(A) information on the status of the civilian nuclear
energy industry, the long-term risks to such industry, and
the basis for such risks;
(B) information on how the use of the civilian nuclear
energy industry, relative to other types of energy
industries, can reduce the emission of criteria pollutants
and carbon dioxide;
(C) information on the role the United States civilian
nuclear energy industry plays in United States foreign
policy;
(D) information on the importance of the United States
civilian nuclear energy industry to countries that are allied
to the United States;
(E) information on how the United States may collaborate
with such countries in developing, deploying, and investing
in nuclear technology;
(F) information on how foreign countries use nuclear energy
when crafting and implementing their own foreign policy,
including such use by foreign countries that are strategic
competitors;
(G) an evaluation of how nuclear nonproliferation and
security efforts and nuclear energy safety are affected by
the involvement of the United States in--
(i) international markets; and
(ii) setting civilian nuclear energy industry standards;
(H) an evaluation of how industries in the United States,
other than the civilian nuclear energy industry, benefit from
the generation of electricity by nuclear power plants;
(I) information on utilities and companies in the United
States that are involved in the civilian nuclear energy
supply chain, including, with respect to such utilities and
companies--
(i) financial challenges;
(ii) nuclear liability issues;
(iii) foreign strategic competition; and
(iv) risks to continued operation; and
(J) recommendations for how the United States may--
(i) develop a national strategy to increase the role
nuclear energy plays in diplomacy and strategic energy
policy;
(ii) develop a strategy to mitigate foreign competitor's
utilization of their civilian nuclear energy industries in
diplomacy;
(iii) align its nuclear energy policy with national
security objectives; and
(iv) remove regulatory barriers to the development of the
United States civilian nuclear energy supply chain.
(3) Report to congress.--Not later than 6 months after the
study is conducted under paragraph (1), the Secretary of
Energy shall submit to the appropriate committees of Congress
a report, including a classified annex as necessary, on the
results of such study.
(b) Program to Train and Share Expertise.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of State and the Commission,
shall develop and carry out a program under which the
Secretary of Energy shall train foreign nuclear energy
experts and standardize practices.
(2) Requirements.--In carrying out the program developed
under paragraph (1), the Secretary of Energy shall--
(A) issue guidance for best safety practices in the global
civilian nuclear energy industry based on practices
established in the United States;
(B) train foreign nuclear energy experts on the operation
and safety and security practices used by the United States
civilian nuclear energy industry;
(C) review global supply chain risks for foreign civilian
nuclear energy industries;
(D) identify weaknesses and concerns found in foreign
civilian nuclear energy industries; and
[[Page H710]]
(E) establish partnerships with foreign countries that have
developed or are developing civilian nuclear energy
industries.
(3) Foreign nuclear energy expert.--In this subsection, the
term ``foreign nuclear energy expert'' does not include a
person who is from a country--
(A) in which intellectual property theft is legal;
(B) that takes actions to undermine the civilian nuclear
energy industry or other critical industries of the United
States; or
(C) which the Secretary of Energy determines is inimical to
the interest of the United States.
(c) International Nuclear Reactor Export and Innovation
Activities.--
(1) Coordination.--The Commission shall--
(A) coordinate all work of the Commission relating to--
(i) issuing a license for the import or export of a nuclear
reactor under section 103 of the Atomic Energy Act of 1954
(42 U.S.C. 2133); and
(ii) international regulatory cooperation and assistance
relating to nuclear reactors; and
(B) support--
(i) the consideration of international technical standards
to assist the design, licensing, and construction of advanced
nuclear systems;
(ii) efforts to help build competent nuclear regulatory
organizations and legal frameworks in foreign countries that
are seeking to develop civilian nuclear energy industries;
and
(iii) exchange programs and training provided in
coordination with the Secretary of State to foreign countries
relating to civilian nuclear energy industry regulation and
oversight to improve nuclear technology licensing.
(2) Consultation.--In supporting exchange programs and
training under paragraph (1)(B)(iii), the Commission shall
consult with--
(A) the Secretary of Energy;
(B) the Secretary of State;
(C) the National Laboratories;
(D) the private sector; and
(E) institutions of higher education.
(3) Nuclear reactor export and innovation branch.--The
Commission may establish within the Office of International
Programs of the Commission a branch, to be known as the
``International Nuclear Reactor Export and Innovation
Branch'', to carry out the nuclear reactor export and
innovation activities described in paragraph (1) as the
Commission determines appropriate.
(4) 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:
``(4) International nuclear reactor export and innovation
activities.--The Commission shall identify in the annual
budget justification international nuclear reactor export and
innovation activities described in section 202(c)(1) of the
Atomic Energy Advancement Act.''; and
(ii) in subsection (b)(1)(B), as amended by the preceding
provisions of this Act, by adding at the end the following:
``(vii) Costs for international nuclear reactor export and
innovation activities described in section 202(c)(1) of the
Atomic Energy Advancement Act.''.
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect on October 1, 2024.
(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), 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) 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.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means each of the
following:
(A) The Committee on Energy and Commerce of the House of
Representatives.
(B) The Committee on Foreign Affairs of the House of
Representatives.
(C) The Committee on Environment and Public Works of the
Senate.
(D) The Committee on Energy and Natural Resources of the
Senate.
(E) The Committee on Foreign Relations of the Senate.
(2) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
SEC. 203. AMERICAN NUCLEAR COMPETITIVENESS.
(a) Process for Review and Amendment of Part 810 Generally
Authorized Destinations.--
(1) Identification and evaluation of factors.--Not later
than 90 days after the date of enactment of this Act, the
Secretary of Energy, with the concurrence of the Secretary of
State, shall identify and evaluate factors, other than
agreements for cooperation entered into in accordance with
section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153), that may be used to determine a country's generally
authorized destination status under part 810 of title 10,
Code of Federal Regulations, and to list such country as a
generally authorized destination in Appendix A to part 810 of
title 10, Code of Federal Regulations.
(2) Process update.--The Secretary of Energy shall review
and, as appropriate, update the Department of Energy's
process for determining a country's generally authorized
destination status under part 810 of title 10, Code of
Federal Regulations, and for listing such country as a
generally authorized destination in Appendix A to part 810 of
title 10, Code of Federal Regulations, taking into
consideration, and, as appropriate, incorporating factors
identified and evaluated under paragraph (1).
(3) Revisions to list.--Not later than one year after the
date of enactment of this Act, and at least once every 5
years thereafter, the Secretary of Energy shall, in
accordance with any process updated pursuant to this
subsection, review the list in Appendix A to part 810 of
title 10, Code of Federal Regulations, and amend such list as
appropriate.
(b) Licensing Domestic Nuclear Projects in Which United
States Allies Invest.--
(1) In general.--The prohibitions against issuing certain
licenses for utilization facilities to certain aliens,
corporations, and other entities described in the second
sentence of section 103 d. of the Atomic Energy Act of 1954
(42 U.S.C. 2133(d)) and the second sentence of section 104 d.
of that Act (42 U.S.C. 2134(d)) shall not apply to an entity
described in paragraph (2) of this subsection if the Nuclear
Regulatory 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
an alien, corporation, or other entity that is owned,
controlled, or dominated by--
(i) the government of--
(I) a country, other than a country described in
subparagraph (B), that is a member of the Organization for
Economic Co-operation and Development on the date of
enactment of this Act; or
(II) the Republic of India;
[[Page H711]]
(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 citizen or national of a country
described in subclause (I) or (II) of clause (i).
(B) Exclusion.--A country described in this subparagraph is
a country--
(i) any department, agency, or instrumentality of the
government of which, on the date of enactment of this Act, is
subject to sanctions under section 231 of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9525);
or
(ii) any citizen, national, or entity of which, as of the
date of enactment of this Act, is included on the List of
Specially Designated Nationals and Blocked Persons maintained
by the Office of Foreign Assets Control of the Department of
the Treasury pursuant to sanctions imposed under section 231
of the Countering America's Adversaries Through Sanctions Act
(22 U.S.C. 9525).
(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).
(c) Licensing Considerations Relating to Use of Nuclear
Energy for Nonelectric Applications.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Nuclear Regulatory Commission (in
this subsection referred to as the ``Commission'') shall
submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report addressing any unique
licensing issues or requirements relating to--
(A) the flexible operation of advanced 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 collocation of advanced nuclear reactors with
industrial plants or other facilities.
(2) Stakeholder input.--In developing the report under
paragraph (1), 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.--The report under paragraph (1) shall
describe--
(A) 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--
(i) for hydrogen or other liquid and gaseous fuel or
chemical production;
(ii) for water desalination and wastewater treatment;
(iii) for heat used in industrial processes;
(iv) for district heating;
(v) in relation to energy storage;
(vi) for industrial or medical isotope production; and
(vii) other applications, as identified by the Commission;
(B) options for addressing such issues or requirements--
(i) within the existing regulatory framework;
(ii) through the technology-inclusive, regulatory framework
to be established under section 103(a)(4)(A) of the Nuclear
Energy Innovation and Modernization Act (42 U.S.C. 2133 note;
Public Law 115-439); or
(iii) through a new rulemaking;
(C) the extent to which Commission action is needed to
implement any matter described in the report; and
(D) cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and performance-
based regulatory guidance for licensing advanced nuclear
reactors for nonelectric applications.
(d) Report on Advanced Methods of Manufacturing and
Construction for Nuclear Energy Projects.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Nuclear Regulatory Commission (in
this subsection referred to as the ``Commission'') shall
submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Environment and
Public Works of the Senate a report on advanced methods of
manufacturing and construction for nuclear energy projects.
(2) Stakeholder input.--In developing the report under
paragraph (1), the Commission shall seek input from--
(A) the Secretary of Energy;
(B) the nuclear energy industry;
(C) the National Laboratories;
(D) institutions of higher education;
(E) nuclear and manufacturing technology developers;
(F) the manufacturing and construction industries;
(G) standards development organizations;
(H) labor unions;
(I) nongovernmental organizations; and
(J) other public stakeholders.
(3) Contents.--
(A) In general.--The report under paragraph (1) shall--
(i) examine any unique licensing issues or requirements
relating to the use, for nuclear energy projects, of--
(I) advanced manufacturing techniques; and
(II) advanced construction techniques;
(ii) examine--
(I) the requirements for nuclear-grade components in
manufacturing and construction for nuclear energy projects;
(II) opportunities to use standard materials, parts, or
components in manufacturing and construction for nuclear
energy applications; and
(III) opportunities to use standard materials that are in
compliance with existing codes and standards to provide
acceptable approaches to support or encapsulate new materials
that do not yet have applicable codes or standards;
(iii) identify safety aspects of advanced manufacturing
processes and advanced construction techniques that are not
addressed by existing codes and standards, so that generic
guidance for nuclear energy projects may be updated or
created as necessary by the Commission;
(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; and
(v) 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
under paragraph (1) shall include cost estimates, proposed
budgets, and proposed timeframes for implementing risk-
informed and performance-based regulatory guidance for
advanced manufacturing and construction for nuclear energy
projects.
(e) 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, 2065''.
(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, 2061''.
(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
all that follows through ``United States:'' and inserting a
colon.
(f) Risk Pooling Program Assessment.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall carry
out a review of, and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on, the
Secretary of Energy's actions with respect to the program
described in section 934(e) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17373(e)).
(2) Contents.--The report described in paragraph (1) shall
include--
(A) an evaluation of the Secretary of Energy's actions to
determine the risk-informed assessment formula under section
934(e)(2)(C) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17373(e)(2)(C)); and
(B) a review of the Secretary of Energy's methodology to
collect information to determine and implement the formula.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
South Carolina (Mr. Duncan) and the gentleman from New Jersey (Mr.
Pallone) each will control 20 minutes.
The Chair recognizes the gentleman from South Carolina.
General Leave
Mr. DUNCAN. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from South Carolina?
There was no objection.
Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of my bill, H.R. 6544, the Atomic
Energy Advancement Act. I first thank my colleague and friend, the
ranking member of the Energy, Climate, and Grid Security Subcommittee,
for leading this effort with me, Congresswoman Diana DeGette.
Madam Speaker, this is a package of nuclear bills and is comprised of
the
[[Page H712]]
work of many members of the Committee on Energy and Commerce on both
sides of the aisle. I thank them for their work in advancing the use of
nuclear energy here in the United States.
The Atomic Energy Advancement Act will advance durable, bipartisan
policy that will expand nuclear energy and its many benefits for the
Nation, while maintaining the Nuclear Regulatory Commission's global
gold standard for safety.
Our goal is to bring America's nuclear promise back into alignment
with the goals that Congress established when passing the Atomic Energy
Act. This ushered in the age of the peaceful use of the atom,
demonstrating American leadership around the world and the amazing
benefits of nuclear power.
The NRC Mission Alignment Act provision in this bill, which I
authored, does just that. It directs the NRC to update its mission
statement to include that its licensing and regulation of nuclear
energy activities will be conducted in a manner that is efficient and
does not unnecessarily limit the potential of nuclear energy.
The NRC should not be an impediment but rather a facilitator of
nuclear advancement in America.
There are many provisions in this bill that modernize the NRC and
advance nuclear technology deployment, including American technology
exports. For example, the bill requires the NRC to provide efficient,
timely, and predictable reviews; strengthens the NRC workforce to
address the new technologies coming down the pike; reduces hourly fee
rates for advanced nuclear reactor licenses; avoids duplicative
environmental reviews; updates the DOE's nuclear expert reviews; and
extends the critical liability protections necessary for nuclear
investment.
Now more than ever, it is essential that America lead in nuclear
energy, especially as our adversaries work actively to undercut our
strength. Russia and China are seeking to dominate the nuclear markets
and supply chains for these technologies. America can and must continue
to set the global nuclear standard, and the Atomic Energy Advancement
Act will ensure that we do.
Madam Speaker, I thank my colleagues on the Committee on Energy and
Commerce, as well as all who have had input on this bipartisan
legislation. I thank them for their work and dedication.
Madam Speaker, I urge support for this bill, and I reserve the
balance of my time.
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, February 6, 2024.
Hon. Cathy McMorris Rodgers,
Chair, Committee on Energy and Commerce, Washington, DC.
Dear Chair Rodgers: Thank you for consulting with the
Committee on Foreign Affairs on the text of H.R. 6544, the
Atomic Energy Advancement Act, and incorporating requested
edits. I agree that Foreign Affairs may be discharged from
further consideration of the bill, so that it may proceed
expeditiously to the House Floor.
This agreement is made with the understanding that it does
not in any way diminish or alter the jurisdiction of the
Committee on Foreign Affairs, or prejudice our jurisdictional
prerogatives on this measure or similar legislation in the
future.
I would appreciate it if you could include this letter in
your committee report on the bill, or place it into the
Record during Floor consideration. I look forward to
continuing to work together as this measure moves through the
legislative process.
Sincerely,
Michael T. McCaul,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, February 7, 2024.
Hon. Michael T. McCaul,
Chairman, Committee on Foreign Affairs, Washington, DC.
Dear Chairman McCaul: Thank you for your letter concerning
H.R. 6544, the ``Atomic Energy Advancement Act.'' I
appreciate your willingness to forgo action on the bill so
that it may proceed expeditiously to the House Floor.
I agree that your decision to forgo action on this bill
does not in any way diminish or alter the jurisdiction of the
Committee on Foreign Affairs, or prejudice that Committee's
jurisdictional prerogatives on this measure or similar
legislation in the future.
As you requested, I will include a copy of our exchange of
letters in the Committee on Energy and Commerce's report on
H.R. 6544, and I will place it in the Congressional Record
during consideration of the bill on the House floor.
Thank you again for your assistance on this matter.
Sincerely,
Cathy McMorris Rodgers,
Chair.
____
House of Representatives,
Committee on Science, Space, and Technology,
Washington, DC, February 13, 2024.
Hon. Cathy McMorris Rodgers,
Chair, Committee on Energy and Commerce, House of
Representatives, Washington, DC.
Dear Chair Rodgers: I am writing concerning H.R. 6544, the
``Atomic Energy Advancement Act'', which was referred
primarily to the Committee on Energy and Commerce, with an
additional referral to the Committee on Science, Space, and
Technology.
H.R. 6544 contains provisions within the Committee on
Science, Space, and Technology's Rule X jurisdiction. As a
result of your having consulted with the Committee and to
expedite this bill for floor consideration, the Committee on
Science, Space, and Technology will forego action on the
bill. This is being done based on our mutual understanding
that doing so will in no way diminish or alter the
jurisdiction of the Committee on Science, Space, and
Technology with respect to the appointment of conferees, or
to any future jurisdictional claim over the subject matters
contained in the bill or similar legislation.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Congressional Record
during the floor consideration of this bill. Thank you in
advance for your cooperation.
Sincerely,
Frank D. Lucas,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, February 13, 2024.
Hon. Frank D. Lucas,
Chairman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Chairman Lucas: Thank you for your letter concerning
H.R. 6544, the ``Atomic Energy Advancement Act.'' I
appreciate your willingness to forgo action on the bill so
that it may proceed expeditiously to the House Floor.
I agree that your decision to forgo action on this bill
does not in any way diminish or alter the jurisdiction of the
Committee on Science, Space, and Technology, or prejudice
that Committee's jurisdictional prerogatives on this measure
or similar legislation in the future.
As you requested, I will include a copy of our exchange of
letters in the Committee on Energy and Commerce's report on
H.R. 6544, and I will place it in the Congressional Record
during consideration of the bill on the House floor.
Thank you again for your assistance on this matter.
Sincerely,
Cathy McMorris Rodgers,
Chair.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of H.R. 6544, the Atomic
Energy Advancement Act. This bill makes important changes to the
Nuclear Regulatory Commission to ensure that our Nation will be able to
license the advanced nuclear reactors that could play a vital role in
combating the climate crisis.
H.R. 6544 will ensure that developers of advanced reactors are not
asked to pay more than their fair share of their licensing costs. It
will also help create commonsense pathways to site nuclear reactors on
brownfield sites and sites that already have a nuclear reactor. Most
importantly, it will do these things while ensuring that nothing about
the NRC's core mission of safety is compromised.
Madam Speaker, the legislation will also help the NRC attract and
retain staff, which is critical since the Commission needs to be at
full capacity to license the fleet of new reactors that will apply for
licenses over the next decade.
This was a particularly important provision championed by Energy,
Climate, and Grid Security Subcommittee Ranking Member DeGette, and I
am very happy that it was included in this package.
I also thank Chair Duncan for the bipartisan way in which this
package of bills was assembled. This is how Congress should always
work. We held bipartisan oversight hearings, issued a joint request for
information, had a legislative hearing to solicit feedback on the
proposals, and eventually moved the legislation through committee, with
Democrats and Republicans working together every step of the way. As a
result, the bill before us today is much stronger than the bill that
was first introduced.
The bill is certainly not perfect. It is a product of compromise, and
like all
[[Page H713]]
compromises, no one got everything they wanted. Further compromise will
be necessary as we work together with the Senate to find a path forward
to get this bill to the President's desk.
Madam Speaker, this is a strong bill that will protect communities
while unlocking our Nation's nuclear potential. It will help lower
emissions and ensure that new nuclear plants have a place in our
Nation's energy economy, all while ensuring protection of public health
and safety. I hope it is something all Members can support.
Madam Speaker, I urge a ``yes'' vote on this bill, and I reserve the
balance of my time.
Mr. DUNCAN. Madam Speaker, Ranking Member Pallone and his staff have
been very good to work with the majority staff on this bill, and I
thank them for that.
Last year, when I was given the opportunity to chair the Energy,
Climate, and Grid Security Subcommittee, Chairwoman Cathy McMorris
Rodgers and I had a lot of talk about nuclear energy. This is a
culmination of a lot of that initial discussion.
Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman from
Washington (Mrs. Rodgers), the chair of the Committee on Energy and
Commerce.
Mrs. RODGERS of Washington. Madam Speaker, I appreciate the gentleman
from the Energy, Climate, and Grid Security Subcommittee for yielding.
Madam Speaker, I rise in strong support of this legislation, H.R.
6544, the Atomic Energy Advancement Act.
We have worked very hard, and most agree that a robust and growing
nuclear industry is critical for reducing emissions and providing
reliable and affordable clean energy to Americans.
Nuclear energy can help us build durable, economic, and strategic
relationships around the world, especially as the influence of China
and Russia in this industry grows. We know our allies are eager for
American leadership and technology, and our nuclear industry is ready
to lead.
The Energy and Commerce Committee has a rich history of plowing the
hard ground necessary to legislate, coming together on solutions that
improve people's lives and that make our country stronger and
prosperous.
H.R. 6544 continues that leadership, and I am grateful for the
leadership of the chairman of the subcommittee, Jeff Duncan, as well as
the ranking member, Diana DeGette, and the ranking member of the full
committee, Frank Pallone, for working together so that we can move this
legislation forward, helping to maintain a robust and growing nuclear
industry, which is vital to delivering reliable, affordable, and clean
energy to all Americans.
This much-needed modernization of our regulatory framework will
restore America's nuclear dominance; encourage innovation; enable
industry to deploy safe, reliable nuclear energy; and usher in a new
era of U.S. energy leadership.
Madam Speaker, I urge support of the Atomic Energy Advancement Act.
Mr. PALLONE. Madam Speaker, I yield 4 minutes to the gentlewoman from
Massachusetts (Mrs. Trahan), a member of the committee.
Mrs. TRAHAN. Madam Speaker, I thank the gentleman for yielding and
for his leadership on this important issue as ranking member of the
House Energy and Commerce Committee.
Madam Speaker, I rise in support of this bipartisan legislation, in
particular, the important changes it makes to how we regulate
commercial fusion energy.
Last spring, the Nuclear Regulatory Commission took an important vote
to regulate commercial fusion energy under its existing regulatory
framework--specifically, the byproduct materials framework. This was a
critical step toward unlocking commercialized fusion energy, and it was
made possible by a recognition that fusion does not need to be
regulated the same way as fission.
Since then, the Congressional Fusion Energy Caucus, which I have the
honor of co-chairing alongside Representatives Don Beyer, Jay
Obernolte, and Chuck Fleischmann, put pen to paper on the Fusion Energy
Act, which will codify the Commission's decision and provide the fusion
industry the regulatory certainty that it needs to continue pursuing
their innovative research and development.
During consideration of this package in December, we offered the
Fusion Energy Act as an amendment, which was adopted unanimously and is
included in this legislation today.
I cannot overstate the importance of passing this package because
fusion is the game changer. A future with fusion means thousands of
good-paying, family-sustaining, clean energy jobs that we will create
along the way.
Fusion unlocks a future where energy production is no longer tied to
access to a resource. It means an endless supply of baseload clean
energy, without any emissions. It means dictators like Vladimir Putin
won't be able to manipulate energy markets to suit their needs.
Madam Speaker, but make no mistake, both our allies and our
adversaries are racing to unlock fusion energy. The U.K. is investing
660 million pounds; Germany recently announced a 1-billion-euro
investment; and China has already invested 1.8 billion in their state-
owned facilities, with plans to massively ramp up over the next decade.
In China, there is no private industry investment in fusion. It is
all government-controlled, and that is a huge competitive advantage
that we have on them.
What the United States does best is innovate through public-private
partnerships that leverage Federal research dollars with the work
happening at cutting-edge startups and businesses across our country.
One of those companies, Commonwealth Fusion Systems, is located in
the district I represent. Since its founding roughly 5 years ago, CFS
has raised more than $2 billion in private investment, employs over 600
people, and is well on its way to building SPARC, a fusion machine that
will achieve net energy and demonstrates that producing commercial
fusion energy in just a few years is possible.
Madam Speaker, if we are going to beat China to fusion, then it is
absolutely critical that we provide companies like CFS with the
regulatory certainty that they need. Passing this bipartisan package
does just that.
Madam Speaker, I urge my colleagues to support this important,
commonsense legislation that will advance commercial fusion energy.
Mr. DUNCAN. Madam Speaker, I agree that with fusion SMR advanced
nuclear technology, the nuclear renaissance is right before us.
Madam Speaker, I yield 1 minute to the gentleman from Texas (Mr.
Weber), my good friend.
Mr. WEBER of Texas. Madam Speaker, I thank the gentleman for
yielding.
Madam Speaker, I am proud that the Energy and Commerce Committee is
championing nuclear energy, a clean, safe, and reliable energy source
for which America should be paving the way.
Going forward, it must be a significant component of America's energy
profile, and to make that happen, we need to cut the red tape at the
Nuclear Regulatory Commission, expediting environmental reviews for
nuclear reactors.
Time and time again, the environmental review process takes entirely
way too long. My bill, the Modernize Nuclear Reactor Environmental
Reviews Act, is a part of this Atomic Energy Advancement Act. It will
reduce duplicative efforts and speed up the review process for nuclear
reactor applications.
Madam Speaker, let me reiterate: Nuclear is clean and safe and plays
a critical role in putting reliable as well as dispatchable energy onto
our grid.
I am proud to see that Diana DeGette and Frank Pallone and their
staff are working with us. It is encouraging that we are working across
the aisle. I urge my colleagues to support this critical bill to
advance nuclear energy in the United States of America.
{time} 1615
Mr. DUNCAN. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from Pennsylvania (Mr. Joyce).
Mr. JOYCE of Pennsylvania. Madam Speaker, I thank the gentleman and
the chairman of the Subcommittee on Energy for yielding.
Madam Speaker, Pennsylvania has a long and proud history of
developing energy innovation. From the first oil
[[Page H714]]
well in 1859 to leading the way on natural gas development to
Westinghouse's work developing nuclear energy in the 1950s, the
Commonwealth of Pennsylvania has been a leader in producing the power
that Americans, and the entire world, rely on to keep their homes warm
and their refrigerators cold.
For decades, the United States has been a leader in the development
of new technologies and innovation with regard to nuclear energy.
As demands on our Nation's electric grid continue to grow, small
modular and microreactors are poised to be the next generation of
clean, safe, and reliable nuclear technology.
It is vital that these reactors are permitted efficiently in order to
allow American consumers to utilize the energy they rely on each and
every day.
Madam Speaker, I urge all my colleagues to support this legislation.
Mr. DUNCAN. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from Kentucky (Mr. Guthrie), the chair of the Subcommittee on Health.
Mr. GUTHRIE. Madam Speaker, I thank the gentleman for yielding.
I rise in support today of H.R. 6544, the Atomic Energy Advancement
Act.
I represent western Kentucky coal communities, including Muhlenberg,
McLean, and Ohio Counties. Unfortunately, Washington Democrats' war on
coal has resulted in the loss of good-paying jobs and key energy
production for our Commonwealth and our Nation.
I introduced the Nuclear for Brownfields Site Preparation Act, which
is included in this package, to ensure that we continue to use
Kentucky's experienced energy workers to bring back American energy
independence and ensure our leadership as an energy producer. We have
an opportunity to repurpose sites, like retired coal facilities, to
reinstate American energy dominance.
I am committed to making sure we have affordable, reliable energy
from a diverse energy portfolio, while empowering communities who
powered our Nation for generations to help us continue to keep the
lights on for years to come.
Madam Speaker, I encourage my colleagues to support this legislation.
Mr. DUNCAN. Madam Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Carter), who will probably talk about what is going on at
Plant Vogtle, the newest reactors to have been constructed in our
lifetime.
Mr. CARTER of Georgia. Madam Speaker, I thank the gentleman for
yielding.
America used to be the leader in nuclear energy. It should be one of
the key parts of our energy security and the awe of the globe. However,
we have allowed it to deteriorate and for other countries to take the
lead on the global stage.
Instead, Russia and China are building a larger and larger presence
in global nuclear power. Together, the two account for nearly 70
percent of reactors under construction or being planned worldwide.
The United States cannot stand by and allow China and Russia to be
the standard bearers of nuclear energy. Just imagine the nuclear
proliferation implications, let alone the economic ones. Don't be
fooled. This is just another way for China and Russia to exert
influence and manipulate countries around the globe. We have seen it
with the Belt and Road Initiative, and with nuclear plants, this means
decades and decades of developing countries tied to China.
Thankfully, this doesn't have to be the case. We can have a new
American nuclear renaissance. This bill, the Atomic Energy Advancement
Act, will provide important steps to do so.
We have proved that in the State of Georgia with the two newest
reactors built in this country in over 30 years.
This bill includes reforms to the Nuclear Regulatory Commission to
increase licensing efficiency, strengthen our nuclear workforce, make
advanced nuclear technology more accessible through fee reductions,
modernize reviews, and other important improvements to how nuclear is
approached in the U.S.
I am pleased to have my bill, the Global Nuclear Energy Assessment
and Cooperation Act, which I introduced along with Representative Scott
Peters from California, included as a section of this bill.
This bill will take a multipronged approach to promoting nuclear
energy around the globe by providing global nuclear energy assessment,
providing a program for training and sharing of expertise, and provide
for an International Nuclear Reactor Export and Innovation Branch.
This will inspire coordination, research, and development for the
U.S. and our allies, which is extremely important.
Lastly, it will prohibit the import of nuclear fuel assemblies from
hostile foreign nations, including Russia and China.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. DUNCAN. Madam Speaker, I yield an additional 15 seconds to the
gentleman from Georgia.
Mr. CARTER of Georgia. Madam Speaker, this will encourage energy
independence and prevent our country from being reliant on our enemies
for our nuclear energy needs.
My hope is that my bill will be just one small part of improving the
global competition for nuclear energy. This is how we begin to secure a
safe, reliable energy future for the United States of America and
democracies across the globe.
Mr. DUNCAN. Madam Chair, I yield myself such time as I may consume.
As you have heard today, the Atomic Energy Advancement Act is really
setting America up to get ready for what is next. What is next is
advanced nuclear reactors and small modular reactors. As the
gentlewoman from Massachusetts said, the possibility of fusion is very
exciting.
There are the industries that could be set up around the nuclear hub
of these advanced reactors, jobs that will be created, keeping that
intellectual property here in America, and addressing our supply issues
for critical components, enriched uranium, the fuel that is necessary
to make these reactors work. Lessening the Nation's dependence on
Russia and China for nuclear technology or nuclear fuel just makes
sense to a lot of folks in America.
In order to get ready for that nuclear renaissance that I mentioned
earlier, we have got to make sure that the government agencies,
specifically the Nuclear Regulatory Commission, is truly prepared as
they move into the 21st century in the advancement of nuclear energy in
this country.
We have got friends and allies who are looking to the United States
to export the technology to help their countries meet their energy
independence needs, to be cleaner in their energy production, and
lessen their dependence on foreign adversaries.
For example, we were in the Czech Republic last spring, and they
commissioned both small modular reactors and traditional light-water
reactors. They were looking to the United States. They were looking to
the NRC. They were looking to America to lead and help them as they
develop their nuclear technology and their nuclear energy development
in their countries. Poland was the same way with light-water reactors,
the future of SMRs.
I think about what is going on in this country with SMR development.
I think about what our neighbors in Canada are doing up in Ontario with
probably the first SMR that will be full-scale brought online. Nuclear
development is important to the cleaner energy future for America.
Madam Speaker, I don't have other speakers on this side, and I
reserve the balance of my time.
Mr. PALLONE. Madam Speaker, I yield myself the balance of my time for
closing.
Madam Speaker, I urge my colleagues to join us in supporting H.R.
6544, the Atomic Energy Advancement Act.
This bipartisan bill, which passed out of the Energy and Commerce
Committee in December, includes a number of policies designed to
facilitate the deployment of advanced nuclear reactor technologies
while not compromising on safety.
The bill will ensure that the Nuclear Regulatory Commission is up to
the job and prepared for the potential license applications for new
reactor designs that are expected to come its way over the next decade.
Included in this package are provisions co-led by Democratic Members,
including language that would:
[[Page H715]]
First, allow the NRC to retain its current workforce and attract new
talent to license new reactors;
Second, lower the regulatory costs imposed upon new reactor
developers so they are only paying for the expenses they are directly
incurring;
Third, ease the processes allowing for demonstration reactors at
Department of Energy sites, sites with critical national security
infrastructure, and brownfield sites;
Fourth, make it easier to co-locate new nuclear reactors on sites
with currently operating reactors; and
Fifth, allow for DOE to enter into long-term agreements to purchase
electricity from a new nuclear reactor.
Now, I would say nuclear energy is a vital source of zero-carbon
baseload power. It is imperative in our fight against the worsening
climate crisis that we strengthen the NRC's regulatory processes so the
agency is prepared to license 21st century reactors in a timely fashion
that does not compromise on safety or public health. H.R. 6544 will do
just that.
Again, I intend to vote for the bill while it is on the floor under
suspension, and we urge all Members to join us in supporting the
legislation.
Madam Speaker, I yield back the balance of my time.
Mr. DUNCAN. Madam Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Allen), who represents Augusta, Georgia, where Plant
Vogtle is.
Mr. ALLEN. Madam Speaker, I rise in support of H.R. 6544, the
bipartisan Atomic Energy Advancement Act, which aims to incentivize and
advance nuclear energy production in the United States.
An all-of-the-above strategy is critical to reclaiming American
energy dominance. As the Nation's largest source of clean energy,
nuclear has a pivotal role to play.
Included in today's legislation is a bill I sponsored, the Nuclear
Licensing Efficiency Act, which would improve the licensing review
process for future nuclear projects by establishing updated procedures
and timelines for reviewing nuclear licensing applications.
With the first two nuclear reactors built in over three decades in
the United States located at Plant Vogtle, in my district, Georgia 12,
we are leading our Nation's nuclear future. As we saw through the
construction process, nuclear projects in the U.S. are often bogged
down by burdensome licensing and permitting processes that result in
unnecessary delays and cost overruns.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. DUNCAN. Madam Speaker, I yield an additional 30 seconds to the
gentleman from Georgia.
Mr. ALLEN. Madam Speaker, by modernizing the inefficient procedures
that hamper our nuclear energy expansion, we can fully embrace the
reliability of clean, 24/7 nuclear energy.
I am proud to have my bill as part of this broader, bipartisan Atomic
Energy Advancement Act to improve our nuclear energy regulatory
process.
Madam Speaker, I strongly urge a ``yes'' vote on H.R. 6544.
Mr. DUNCAN. Madam Speaker, I am thankful, once again, for the
bipartisan nature of this legislation. I thank Ranking Member DeGette
on the subcommittee and Ranking Member Pallone and their staff for all
they have done. Let's get this passed. Let's work with our Senate
colleagues. Let's get something to the President's desk and get
something signed into law to move the Nation forward.
Madam Speaker, I yield back the balance of my time.
Mr. WILLIAMS of New York. Madam Speaker, I want to begin by thanking
the Energy and Commerce Committee and Subcommittee Chairman Duncan for
leading on this issue.
=========================== NOTE ===========================
On February 28, 2024, page H715, in the second column, the
following appeared: Madam Speaker, I want to begin by thanking the
Energy and Commerce Committee and
The online version has been corrected to read: Mr. WILLIAMS of
New York. Madam Speaker, I want to begin by thanking the Energy
and Commerce Committee and
========================= END NOTE =========================
The Atomic Energy Advancement Act is an urgent and necessary package
of bipartisan, commonsense reforms that will help unleash the full
potential of America's commercial nuclear energy.
According to the Department of Energy, the United States will require
at least 200 gigawatts of new electric power generation by 2030 to
replace aging infrastructure and to meet growing energy needs. This
demand will be impossible to fulfill without federal support for
nuclear energy.
The Atomic Energy Advancement Act contains numerous, sensible
regulatory reforms and market incentives that will empower the nuclear
industry to provide affordable, resilient, reliable, and responsible
power for Americans. Among these much-needed provisions are
requirements that the Nuclear Regulatory Commission commits to
efficiency and streamlines the licensing of safer and more affordable
nuclear reactors.
Right now is the time for America to go all-in on nuclear power.
This package gives a modern regulatory framework to bring safe,
clean, and affordable power. It unleashes American innovation, ensuring
future generations of Americans energy abundance and energy
independence.
I look forward to voting in support of this bill, and I encourage my
colleagues to do the same.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from South Carolina (Mr. Duncan) that the House suspend the
rules and pass the bill, H.R. 6544, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. DUNCAN. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________