[Congressional Record Volume 170, Number 75 (Wednesday, May 1, 2024)]
[Senate]
[Pages S3263-S3272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1924. Mrs. CAPITO (for herself, Mr. Carper, Mr. Whitehouse, Mr. 
Risch, Mr. Kelly, Mr. Cramer, and Mr. Crapo) submitted an amendment 
intended to be proposed to amendment SA 1911 submitted by Ms. Cantwell 
(for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) and intended to 
be proposed to the bill H.R. 3935, to amend title 49, United States 
Code, to reauthorize and improve the Federal Aviation Administration 
and other civil aviation programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED 
                   NUCLEAR FOR CLEAN ENERGY.

       (a) Short Title.--This section may be cited as the 
     ``Accelerating Deployment of Versatile, Advanced Nuclear for 
     Clean Energy Act of 2024'' or the ``ADVANCE Act of 2024''.
       (b) Definitions.--In this section:
       (1) Accident tolerant fuel.--The term ``accident tolerant 
     fuel'' has the meaning given the term in section 107(a) of 
     the Nuclear Energy Innovation and Modernization Act (Public 
     Law 115-439; 132 Stat. 5577).
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Advanced nuclear fuel.--The term ``advanced nuclear 
     fuel'' means--
       (A) advanced nuclear reactor fuel; and
       (B) accident tolerant fuel.
       (4) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' has the meaning given the term in section 3 of the 
     Nuclear Energy Innovation and Modernization Act (42 U.S.C. 
     2215 note; Public Law 115-439).
       (5) Advanced nuclear reactor fuel.--The term ``advanced 
     nuclear reactor fuel'' has the meaning given the term in 
     section 3 of the Nuclear Energy Innovation and Modernization 
     Act (42 U.S.C. 2215 note; Public Law 115-439).
       (6) Appropriate committees of Congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       (7) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (8) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (9) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (c) International Nuclear Export and Innovation 
     Activities.--
       (1) Commission coordination.--
       (A) In general.--The Commission shall--
       (i) coordinate all work of the Commission relating to--

       (I) import and export licensing for nuclear reactors and 
     radioactive materials; and
       (II) international regulatory cooperation and assistance 
     relating to nuclear reactors and radioactive materials, 
     including with countries that are members of--

       (aa) the Organisation for Economic Co-operation and 
     Development; or
       (bb) the Nuclear Energy Agency; and
       (ii) support interagency and international coordination 
     with respect to--

       (I) the consideration of international technical standards 
     to establish the licensing and regulatory basis to assist the 
     design, construction, and operation of nuclear reactors and 
     use of radioactive materials;
       (II) efforts to help build competent nuclear regulatory 
     organizations and legal frameworks in foreign countries that 
     are seeking to develop civil nuclear industries; and
       (III) exchange programs and training provided, in 
     coordination with the Secretary of State, to foreign 
     countries relating to civil nuclear licensing and oversight 
     to improve the regulation of nuclear reactors and radioactive 
     materials, in accordance with subparagraph (B).

       (B) Exchange programs and training.--With respect to the 
     exchange programs and training described in subparagraph 
     (A)(ii)(III), the Commission shall coordinate, as applicable, 
     with--
       (i) the Secretary of Energy;
       (ii) the Secretary of State;
       (iii) the National Laboratories;
       (iv) the private sector; and
       (v) institutions of higher education.
       (2) Authority to establish branch.--The Commission may 
     establish within the Office of International Programs a 
     branch, to be known as the ``International Nuclear Export and 
     Innovation Branch'', to carry out the international nuclear 
     export and innovation

[[Page S3264]]

     activities described in paragraph (1) as the Commission 
     determines to be appropriate and within the mission of the 
     Commission.
       (3) Exclusion of international activities from the fee 
     base.--
       (A) In general.--Section 102 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215) is 
     amended--
       (i) in subsection (a), by adding at the end the following:
       ``(4) International nuclear export and innovation 
     activities.--The Commission shall identify in the annual 
     budget justification international nuclear export and 
     innovation activities described in subsection (c)(1) of the 
     ADVANCE Act of 2024.''; and
       (ii) in subsection (b)(1)(B), by adding at the end the 
     following:
       ``(iv) Costs for international nuclear export and 
     innovation activities described in subsection (c)(1) of the 
     ADVANCE Act of 2024.''.
       (B) Effective date.--The amendments made by subparagraph 
     (A) shall take effect on October 1, 2025.
       (4) Interagency coordination.--The Commission shall 
     coordinate all international activities under this subsection 
     with the Secretary of State, the Secretary of Energy, and 
     other applicable agencies, as appropriate.
       (5) Savings clause.--Nothing in this subsection alters the 
     authority of the Commission to license and regulate the 
     civilian use of radioactive materials.
       (d) Denial of Certain Domestic Licenses for National 
     Security Purposes.--
       (1) Definition of covered fuel.--In this subsection, the 
     term ``covered fuel'' means enriched uranium that is 
     fabricated outside the United States into fuel assemblies for 
     commercial nuclear power reactors by an entity that--
       (A) is owned or controlled by the Government of the Russian 
     Federation or the Government of the People's Republic of 
     China; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the Russian Federation or the People's 
     Republic of China.
       (2) Prohibition on unlicensed possession or ownership of 
     covered fuel.--Unless specifically authorized by the 
     Commission in a license issued under section 53 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10, 
     Code of Federal Regulations (or successor regulations), no 
     person subject to the jurisdiction of the Commission may 
     possess or own covered fuel.
       (3) License to possess or own covered fuel.--
       (A) Consultation required prior to issuance.--The 
     Commission shall not issue a license to possess or own 
     covered fuel under section 53 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2073) and part 70 of title 10, Code of 
     Federal Regulations (or successor regulations), unless the 
     Commission has first consulted with the Secretary of Energy 
     and the Secretary of State before issuing the license.
       (B) Prohibition on issuance of license.--
       (i) In general.--Subject to clause (iii), a license to 
     possess or own covered fuel shall not be issued if the 
     Secretary of Energy and the Secretary of State make the 
     determination described in clause (ii)(I)(aa).
       (ii) Determination.--

       (I) In general.--The determination referred to in clause 
     (i) is a determination that possession or ownership, as 
     applicable, of covered fuel--

       (aa) poses a threat to the national security of the United 
     States, including because of an adverse impact on the 
     physical and economic security of the United States; or
       (bb) does not pose a threat to the national 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, the Committee on Foreign Relations of the Senate, 
     the Committee on Energy and Natural Resources of the Senate, 
     and the Committee on Foreign Affairs of the House of 
     Representatives of the determination.
       (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 Commission shall not 
     issue a license if the Secretary of Energy and the Secretary 
     of State have not made a determination described in clause 
     (ii).
       (4) Savings clause.--Nothing in this subsection alters any 
     treaty or international agreement in effect on the date of 
     enactment of this Act or that enters into force after the 
     date of enactment of this Act.
       (e) Export License Notification.--
       (1) Definition of low-enriched uranium.--In this 
     subsection, the term ``low-enriched uranium'' means uranium 
     enriched to less than 20 percent of the uranium-235 isotope.
       (2) Notification.--If the Commission, after consultation 
     with the Secretary of State and any other relevant agencies, 
     issues an export license for the transfer of any item 
     described in paragraph (4) to a country described in 
     paragraph (3), the Commission shall notify the appropriate 
     committees of Congress, the Committee on Foreign Relations of 
     the Senate, the Committee on Energy and Natural Resources of 
     the Senate, and the Committee on Foreign Affairs of the House 
     of Representatives.
       (3) Countries described.--A country referred to in 
     paragraph (2) is a country that--
       (A) has not concluded and ratified an Additional Protocol 
     to its safeguards agreement with the International Atomic 
     Energy Agency; or
       (B) has not ratified or acceded to the amendment to the 
     Convention on the Physical Protection of Nuclear Material, 
     adopted at Vienna October 26, 1979, and opened for signature 
     at New York March 3, 1980 (TIAS 11080), described in the 
     information circular of the International Atomic Energy 
     Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 
     (TIAS 16-508).
       (4) Items described.--An item referred to in paragraph (2) 
     includes--
       (A) unirradiated nuclear fuel containing special nuclear 
     material (as defined in section 11 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
       (B) a nuclear reactor that uses nuclear fuel described in 
     subparagraph (A); and
       (C) any plant or component listed in Appendix I to part 110 
     of title 10, Code of Federal Regulations (or successor 
     regulations), that is involved in--
       (i) the reprocessing of irradiated nuclear reactor fuel 
     elements;
       (ii) the separation of plutonium; or
       (iii) the separation of the uranium-233 isotope.
       (f) Global Nuclear Energy Assessment.--
       (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 that industry, and 
     the bases for those 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 those 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 those 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 that 
     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;

[[Page S3265]]

       (iii) align the nuclear energy policy of the United States 
     with national security objectives; and
       (iv) modernize regulatory requirements to strengthen the 
     United States civilian nuclear energy supply chain.
       (3) Report to congress.--Not later than 180 days after the 
     study under paragraph (1) is completed, the Secretary of 
     Energy shall submit to the appropriate committees of Congress 
     the study, including a classified annex, if necessary.
       (g) 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.
       (h) Fees for Advanced Nuclear Reactor Application Review.--
       (1) Definitions.--Section 3 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215 note; Public 
     Law 115-439) is amended--
       (A) by redesignating paragraphs (2) through (15) as 
     paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16), 
     (17), (18), (19), (20), and (21), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) Advanced nuclear reactor applicant.--The term 
     `advanced nuclear reactor applicant' means an entity that has 
     submitted to the Commission an application for a license for 
     an advanced nuclear reactor under the Atomic Energy Act of 
     1954 (42 U.S.C. 2011 et seq.).'';
       (C) by inserting after paragraph (3) (as so redesignated) 
     the following:
       ``(4) Advanced nuclear reactor pre-applicant.--The term 
     `advanced nuclear reactor pre-applicant' means an entity that 
     has submitted to the Commission a licensing project plan for 
     the purposes of submitting a future application 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).'';
       (D) by inserting after paragraph (10) (as so redesignated) 
     the following:
       ``(11) Hourly rate for mission-direct program salaries and 
     benefits.--The term `hourly rate for mission-direct program 
     salaries and benefits' means the quotient obtained by 
     dividing--
       ``(A) the full-time equivalent rate (within the meaning of 
     the document of the Commission entitled `FY 2023 Final Fee 
     Rule Work Papers' (or a successor document)) for mission-
     direct program salaries and benefits for a fiscal year; by
       ``(B) the productive hours assumption for that fiscal year, 
     determined in accordance with the formula established in the 
     document referred to in subparagraph (A) (or a successor 
     document).''; and
       (E) by inserting after paragraph (12) (as so redesignated) 
     the following:
       ``(13) Mission-direct program salaries and benefits.--The 
     term `mission-direct program salaries and benefits' means the 
     resources of the Commission that are allocated to the Nuclear 
     Reactor Safety Program (as determined by the Commission) to 
     perform core work activities committed to fulfilling the 
     mission of the Commission, as described in the document of 
     the Commission entitled `FY 2023 Final Fee Rule Work Papers' 
     (or a successor document).
       ``(14) Mission-indirect program support.--The term 
     `mission-indirect program support' has the meaning given the 
     term in section 170.3 of title 10, Code of Federal 
     Regulations (or any successor regulation).''.
       (2) Excluded activities.--Section 102(b)(1)(B) of the 
     Nuclear Energy Innovation and Modernization Act (42 U.S.C. 
     2215(b)(1)(B)) (as amended by subsection (c)(3)(A)(ii)) is 
     amended by adding at the end the following:
       ``(v) The total costs of mission-indirect program support 
     and agency support that, under paragraph (2)(B), may not be 
     included in the hourly rate charged for fees assessed and 
     collected from advanced nuclear reactor applicants.
       ``(vi) The total costs of mission-indirect program support 
     and agency support that, under paragraph (2)(C), may not be 
     included in the hourly rate charged for fees assessed and 
     collected from advanced nuclear reactor pre-applicants.''.
       (3) Fees for service or thing of value.--Section 102(b) of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(b)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Fees for service or thing of value.--
       ``(A) In general.--In accordance with section 9701 of title 
     31, United States Code, the Commission shall assess and 
     collect fees from any person who receives a service or thing 
     of value from the Commission to cover the costs to the 
     Commission of providing the service or thing of value.
       ``(B) Advanced nuclear reactor applicants.--The hourly rate 
     charged for fees assessed and collected from an advanced 
     nuclear reactor applicant under this paragraph relating to 
     the review of a submitted application described in section 
     3(1) may not exceed the hourly rate for mission-direct 
     program salaries and benefits.
       ``(C) Advanced nuclear reactor pre-applicants.--The hourly 
     rate charged for fees assessed and collected from an advanced 
     nuclear reactor pre-applicant under this paragraph relating 
     to the review of submitted materials as described in the 
     licensing project plan of an advanced nuclear reactor pre-
     applicant may not exceed the hourly rate for mission-direct 
     program salaries and benefits.''.
       (4) Sunset.--Section 102 of the Nuclear Energy Innovation 
     and Modernization Act (42 U.S.C. 2215) is amended by adding 
     at the end the following:
       ``(g) Cessation of Effectiveness.--Paragraphs (1)(B)(vi) 
     and (2)(C) of subsection (b) shall cease to be effective on 
     September 30, 2030.''.
       (5) Effective date.--The amendments made by this subsection 
     shall take effect on October 1, 2025.
       (i) Advanced Nuclear Reactor Prizes.--Section 103 of the 
     Nuclear Energy Innovation and Modernization Act (Public Law 
     115-439; 132 Stat. 5571) is amended by adding at the end the 
     following:
       ``(f) Prizes for Advanced Nuclear Reactor Licensing.--
       ``(1) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means--
       ``(A) a non-Federal entity; and
       ``(B) the Tennessee Valley Authority.
       ``(2) Prize for advanced nuclear reactor licensing.--
       ``(A) In general.--Notwithstanding section 169 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2209) and subject to the 
     availability of appropriations, the Secretary is authorized 
     to make, with respect to each award category described in 
     subparagraph (C), an award in an amount described in 
     subparagraph (B) to the first eligible entity--
       ``(i) to which the Commission issues an operating license 
     for an advanced nuclear reactor under part 50 of title 10, 
     Code of Federal Regulations (or successor regulations), for 
     which an application has not been approved by the Commission 
     as of the date of enactment of this subsection; or
       ``(ii) for which the Commission makes a finding described 
     in section 52.103(g) of title 10, Code of Federal Regulations 
     (or successor regulations), with respect to a combined 
     license for an advanced nuclear reactor--

       ``(I) that is issued under subpart C of part 52 of that 
     title (or successor regulations); and
       ``(II) for which an application has not been approved by 
     the Commission as of the date of enactment of this 
     subsection.

       ``(B) Amount of award.--Subject to paragraph (3), an award 
     under subparagraph (A) shall be in an amount equal to the 
     total amount assessed by the Commission and collected under 
     section 102(b)(2) from the eligible entity receiving the 
     award for costs relating to the issuance of the license 
     described in that subparagraph, including, as applicable, 
     costs relating to the issuance of an associated construction 
     permit described in section 50.23 of title 10, Code of 
     Federal Regulations (or successor regulations), or early site 
     permit (as defined in section 52.1 of that title (or 
     successor regulations)).
       ``(C) Award categories.--An award under subparagraph (A) 
     may be made for--
       ``(i) the first advanced nuclear reactor for which the 
     Commission--

       ``(I) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(II) makes a finding in accordance with clause (ii) of 
     that subparagraph;

       ``(ii) an advanced nuclear reactor that--

       ``(I) uses isotopes derived from spent nuclear fuel (as 
     defined in section 2 of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101)) or depleted uranium as fuel for the 
     advanced nuclear reactor; and
       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph;
       ``(iii) an advanced nuclear reactor that--

       ``(I) is a nuclear integrated energy system--

[[Page S3266]]

       ``(aa) that is composed of 2 or more co-located or jointly 
     operated subsystems of energy generation, energy storage, or 
     other technologies;
       ``(bb) in which not fewer than 1 subsystem described in 
     item (aa) is a nuclear energy system; and
       ``(cc) the purpose of which is--
       ``(AA) to reduce greenhouse gas emissions in both the power 
     and nonpower sectors; and
       ``(BB) to maximize energy production and efficiency; and

       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph;
       ``(iv) an advanced reactor that--

       ``(I) operates flexibly to generate electricity or high 
     temperature process heat for nonelectric applications; and
       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph; and
       ``(v) the first advanced nuclear reactor for which the 
     Commission grants approval to load nuclear fuel pursuant to 
     the technology-inclusive regulatory framework established 
     under subsection (a)(4).
       ``(3) Federal funding limitations.--
       ``(A) Exclusion of tva funds.--In this paragraph, the term 
     `Federal funds' does not include funds received under the 
     power program of the Tennessee Valley Authority established 
     pursuant to the Tennessee Valley Authority Act of 1933 (16 
     U.S.C. 831 et seq.).
       ``(B) Limitation on amounts expended.--An award under this 
     subsection shall not exceed the total amount expended 
     (excluding any expenditures made with Federal funds received 
     for the applicable project and an amount equal to the minimum 
     cost-share required under section 988 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16352)) by the eligible entity 
     receiving the award for licensing costs relating to the 
     project for which the award is made.
       ``(C) Repayment and dividends not required.--
     Notwithstanding section 9104(a)(4) of title 31, United States 
     Code, or any other provision of law, an eligible entity that 
     receives an award under this subsection shall not be 
     required--
       ``(i) to repay that award or any part of that award; or
       ``(ii) to pay a dividend, interest, or other similar 
     payment based on the sum of that award.''.
       (j) Licensing Considerations Relating to Use of Nuclear 
     Energy for Nonelectric Applications.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report 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 colocation of 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.--
       (A) In general.--The report under paragraph (1) shall 
     describe--
       (i) any unique licensing issues or requirements relating to 
     the matters described in subparagraphs (A) through (C) of 
     paragraph (1), including, with respect to the nonelectric 
     applications referred to in subparagraphs (A) and (B) of that 
     paragraph, any licensing issues or requirements relating to 
     the use of nuclear energy--

       (I) for hydrogen or other liquid and gaseous fuel or 
     chemical production;
       (II) for water desalination and wastewater treatment;
       (III) for heat used for industrial processes;
       (IV) for district heating;
       (V) in relation to energy storage;
       (VI) for industrial or medical isotope production; and
       (VII) for other applications, as identified by the 
     Commission;

       (ii) options for addressing those issues or requirements--

       (I) within the existing regulatory framework;
       (II) as part of the technology-inclusive regulatory 
     framework required under subsection (a)(4) of section 103 of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2133 note; Public Law 115-439); or
       (III) through a new rulemaking; and

       (iii) the extent to which Commission action is needed to 
     implement any matter described in the report.
       (B) Cost estimates, budgets, and timeframes.--The report 
     shall include cost estimates, proposed budgets, and proposed 
     timeframes for implementing risk-informed and performance-
     based regulatory guidance in the licensing of nuclear 
     reactors for nonelectric applications.
       (k) Enabling Preparations for the Demonstration of Advanced 
     Nuclear Reactors on Department of Energy Sites or Critical 
     National Security Infrastructure Sites.--
       (1) In general.--Section 102(b)(1)(B) of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) 
     (as amended by subsection (h)(2)) is amended by adding at the 
     end the following:
       ``(vii) Costs for--

       ``(I) activities to review and approve or disapprove an 
     application for an early site permit (as defined in section 
     52.1 of title 10, Code of Federal Regulations (or any 
     successor regulation)) to demonstrate an advanced nuclear 
     reactor on a Department of Energy site or critical national 
     security infrastructure (as defined in section 327(d) of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232; 132 Stat. 1722)) site; and
       ``(II) pre-application activities relating to an early site 
     permit (as defined in section 52.1 of title 10, Code of 
     Federal Regulations (or any successor regulation)) to 
     demonstrate an advanced nuclear reactor on a Department of 
     Energy site or critical national security infrastructure (as 
     defined in section 327(d) of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 132 Stat. 1722)) site.''.

       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on October 1, 2025.
       (l) Fusion Energy Regulation.--
       (1) Definition.--Section 11 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2014) is amended--
       (A) in subsection e.--
       (i) in paragraph (3)(B)--

       (I) in clause (i), by inserting ``, including by use of a 
     fusion machine'' after ``particle accelerator''; and
       (II) in clause (ii), by inserting ``if made radioactive by 
     use of a particle accelerator that is not a fusion machine,'' 
     before ``is produced'';

       (B) in each of subsections ee. through hh., by inserting a 
     subsection heading, the text of which comprises the term 
     defined in the subsection;
       (C) by redesignating subsections ee., ff., gg., hh., and 
     jj. as subsections jj., gg., hh., ii., and ff., respectively, 
     and moving the subsections so as to appear in alphabetical 
     order;
       (D) in subsection dd., by striking ``dd. The'' and 
     inserting the following:
       ``ee. High-level Radioactive Waste; Spent Nuclear Fuel.--
     The''; and
       (E) by inserting after subsection cc. the following:
       ``dd. Fusion Machine.--The term `fusion machine' means a 
     machine that is capable of--
       ``(1) transforming atomic nuclei, through fusion processes, 
     into different elements, isotopes, or other particles; and
       ``(2) directly capturing and using the resultant products, 
     including particles, heat, or other electromagnetic 
     radiation.''.
       (2) Technical and conforming changes.--
       (A) In general.--Section 103(a) of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2133 note; Public 
     Law 115-439) is amended--
       (i) in paragraph (4), by striking ``inclusive,'' and 
     inserting ``inclusive''; and
       (ii) in paragraph (5)(B)(ii), by inserting ``(including 
     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; Public 
     Law 115-439) (as amended by subsection (h)(1)) is amended--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``or fusion reactor'' and inserting 
     ``reactor or fusion machine'';
       (ii) by redesignating paragraphs (11) through (21) as 
     paragraphs (12) through (22), respectively; and
       (iii) by inserting after paragraph (10) the following:
       ``(11) Fusion machine.--The term `fusion machine' has the 
     meaning given the term in section 11 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2014).''.
       (3) Report.--
       (A) Definitions.--In this paragraph:
       (i) Agreement state.--The term ``Agreement State'' has the 
     meaning given the term in section 3 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215 note; Public 
     Law 115-439).
       (ii) Fusion machine.--The term ``fusion machine'' has the 
     meaning given the term in section 11 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2014).
       (B) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report on--
       (i) the results of a study, conducted in consultation with 
     Agreement States and the private fusion sector, on risk- and 
     performance-based, design-specific licensing frameworks for 
     mass-manufactured fusion machines, including an evaluation of 
     the design, manufacturing, and operations certification 
     process used by the Federal Aviation Administration for 
     aircraft as a potential model for mass-manufactured fusion 
     machine regulations; and

[[Page S3267]]

       (ii) the estimated timeline for the Commission to issue 
     consolidated guidance or regulations for licensing mass-
     manufactured fusion machines, taking into account--

       (I) the results of that study; and
       (II) the anticipated need for such guidance or regulations.

       (m) Regulatory Issues for Nuclear Facilities at Brownfield 
     Sites.--
       (1) Definitions.--In this subsection:
       (A) Brownfield site.--The term ``brownfield site'' has the 
     meaning given the term in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       (B) 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.
       (C) 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).
       (D) Retired fossil fuel site.--The term ``retired fossil 
     fuel site'' means the site of 1 or more fossil fuel electric 
     generation facilities that are retired or scheduled to 
     retire, including multi-unit facilities that are partially 
     shut down.
       (E) Utilization facility.--The term ``utilization 
     facility'' has the meaning given the term in section 11 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2014).
       (2) Identification of regulatory issues.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall evaluate the 
     extent to which modification of regulations, guidance, or 
     policy is needed to enable efficient, timely, and predictable 
     licensing reviews for, and to support the oversight of, 
     production facilities or utilization facilities at covered 
     sites.
       (B) Requirement.--In carrying out subparagraph (A), the 
     Commission shall consider how licensing reviews for 
     production facilities or utilization facilities at covered 
     sites may be expedited by considering matters relating to 
     siting and operating a production facility or a utilization 
     facility at or near a covered site to support--
       (i) the reuse of existing site infrastructure, including--

       (I) electric switchyard components and transmission 
     infrastructure;
       (II) heat-sink components;
       (III) steam cycle components;
       (IV) roads;
       (V) railroad access; and
       (VI) water availability;

       (ii) the use of early site permits;
       (iii) the utilization of plant parameter envelopes or 
     similar standardized site parameters on a portion of a larger 
     site; and
       (iv) the use of a standardized application for similar 
     sites.
       (C) Report.--Not later than 14 months after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing any 
     regulations, guidance, and policies identified under 
     subparagraph (A).
       (3) Licensing.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall--
       (i) develop and implement strategies to enable efficient, 
     timely, and predictable licensing reviews for, and to support 
     the oversight of, production facilities or utilization 
     facilities at covered sites; or
       (ii) 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.
       (B) Requirements.--In carrying out subparagraph (A), 
     consistent with the mission of the Commission, the Commission 
     shall consider matters relating to--
       (i) the use of existing site infrastructure;
       (ii) existing emergency preparedness organizations and 
     planning;
       (iii) the availability of historical site-specific 
     environmental data;
       (iv) previously completed environmental reviews required by 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.);
       (v) activities associated with the potential 
     decommissioning of facilities or decontamination and 
     remediation at covered sites; and
       (vi) community engagement and historical experience with 
     energy production.
       (4) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing the 
     actions taken by the Commission under paragraph (3)(A).
       (n) Combined License Review Procedure.--
       (1) In general.--In accordance with this subsection, the 
     Commission shall establish and carry out an expedited 
     procedure for issuing a combined license pursuant to section 
     185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235(b)).
       (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 that--
       (i) references a design for which the Commission has issued 
     a design certification (as defined in section 52.1 of title 
     10, Code of Federal Regulations (or any successor 
     regulation)); or
       (ii) has a design that is substantially similar to a design 
     of a nuclear reactor for which the Commission has issued a 
     combined license, an operating license, or a manufacturing 
     license under the Atomic Energy Act of 1954 (42 U.S.C. 2011 
     et seq.);
       (B) shall propose to construct the new nuclear reactor on a 
     site--
       (i) on which a licensed commercial nuclear reactor operates 
     or previously operated; or
       (ii) that is directly adjacent to a site on which a 
     licensed commercial nuclear reactor operates or previously 
     operated and has site characteristics that are substantially 
     similar to that site; and
       (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 18 months after the date on which the 
     application is accepted for docketing--
       (i) complete the technical review process and issue a 
     safety evaluation report; and
       (ii) issue a final environmental impact statement or 
     environmental assessment, unless the Commission finds that 
     the proposed agency action is excluded pursuant to a 
     categorical exclusion in accordance with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       (B) not later than 2 years after the date on which the 
     application is accepted for docketing, complete any necessary 
     public licensing hearings and related processes; and
       (C) not later than 25 months after the date on which the 
     application is accepted for docketing, make a final decision 
     on whether to issue the combined license.
       (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 that paragraph, the 
     Commission shall submit to the appropriate committees of 
     Congress a report describing the delay, including--
       (i) a detailed explanation accounting for the delay; and
       (ii) a plan for completion of the applicable action.
       (o) Regulatory Requirements for Micro-reactors.--
       (1) Micro-reactor licensing.--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) 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
       (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;

[[Page S3268]]

       (C) micro-reactor technology developers; and
       (D) other stakeholders.
       (p) Foreign Ownership.--
       (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) if the Commission determines that 
     issuance of the applicable license to that entity is not 
     inimical to--
       (A) the common defense and security; or
       (B) the health and safety of the public.
       (2) Entities described.--
       (A) In general.--An entity referred to in paragraph (1) is 
     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 Organisation for 
     Economic Co-operation and Development on the date of 
     enactment of this Act; or
       (II) the Republic of India;

       (ii) a corporation that is incorporated in a country 
     described in subclause (I) or (II) of clause (i); or
       (iii) an alien who is a 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).
       (q) 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 Commission shall submit to the 
     appropriate committees of Congress a report (referred to in 
     this subsection as the ``report'') on manufacturing and 
     construction for nuclear energy projects.
       (2) Stakeholder input.--In developing the report, the 
     Commission shall seek input from--
       (A) the Secretary of Energy;
       (B) the nuclear energy industry;
       (C) National Laboratories;
       (D) institutions of higher education;
       (E) nuclear and manufacturing technology developers;
       (F) the manufacturing and construction industries, 
     including manufacturing and construction companies with 
     operating facilities in the United States;
       (G) standards development organizations;
       (H) labor unions;
       (I) nongovernmental organizations; and
       (J) other public stakeholders.
       (3) Contents.--
       (A) In general.--The report shall--
       (i) examine any unique licensing issues or requirements 
     relating to the use, for nuclear energy projects, of--

       (I) advanced manufacturing processes;
       (II) advanced construction techniques; and
       (III) rapid improvement or iterative innovation processes;

       (ii) examine--

       (I) the requirements for nuclear-grade components in 
     manufacturing and construction for nuclear energy projects;
       (II) opportunities to use standard materials, parts, or 
     components in manufacturing and construction for nuclear 
     energy projects;
       (III) opportunities to use standard materials that are in 
     compliance with existing codes and standards to provide 
     acceptable approaches to support or encapsulate new materials 
     that do not yet have applicable codes and standards; and
       (IV) requirements relating to the transport of a fueled 
     advanced nuclear reactor core from a manufacturing licensee 
     to a licensee that holds a license to construct and operate a 
     facility at a particular site;

       (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 may be updated or created, as necessary;
       (iv) identify options for addressing the issues, 
     requirements, and opportunities examined under clauses (i) 
     and (ii)--

       (I) within the existing regulatory framework; or
       (II) through a new rulemaking;

       (v) identify how addressing the issues, requirements, and 
     opportunities examined under clauses (i) and (ii) will impact 
     opportunities for domestic nuclear manufacturing and 
     construction developers; and
       (vi) describe the extent to which Commission action is 
     needed to implement any matter described in the report.
       (B) Cost estimates, budgets, and timeframes.--The report 
     shall include cost estimates, proposed budgets, and proposed 
     timeframes for implementing risk-informed and performance-
     based regulatory guidance for advanced manufacturing and 
     construction for nuclear energy projects.
       (r) Nuclear Energy Traineeship.--Section 313 of division C 
     of the Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), 
     is amended--
       (1) in subsection (a), by striking ``Nuclear Regulatory'';
       (2) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by inserting ``and subsection (c)'' after 
     ``paragraph (2)'';
       (3) in subsection (c)--
       (A) by redesignating paragraph (2) as paragraph (5); and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
     reactor' has the meaning given the term in section 951(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
       ``(2) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
     15801).
       ``(4) National laboratory.--The term `National Laboratory' 
     has the meaning given the term in section 951(b) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16271(b)).'';
       (4) in subsection (d)(2), by striking ``Nuclear 
     Regulatory'';
       (5) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (6) by inserting after subsection (b) the following:
       ``(c) Nuclear Energy Traineeship Subprogram.--
       ``(1) In general.--The Commission shall establish, as a 
     subprogram of the Program, a nuclear energy traineeship 
     subprogram under which the Commission, in coordination with 
     institutions of higher education and trade schools, shall 
     competitively award traineeships that provide focused 
     training to meet critical mission needs of the Commission and 
     nuclear workforce needs, including needs relating to the 
     nuclear tradecraft workforce.
       ``(2) Requirements.--In carrying out the nuclear energy 
     traineeship subprogram described in paragraph (1), the 
     Commission shall--
       ``(A) coordinate with the Secretary of Energy to prioritize 
     the funding of traineeships that focus on--
       ``(i) nuclear workforce needs; and
       ``(ii) critical mission needs of the Commission;
       ``(B) encourage appropriate partnerships among--
       ``(i) National Laboratories;
       ``(ii) institutions of higher education;
       ``(iii) trade schools;
       ``(iv) the nuclear energy industry; and
       ``(v) other entities, as the Commission determines to be 
     appropriate; and
       ``(C) on an annual basis, evaluate nuclear workforce needs 
     for the purpose of implementing traineeships in focused 
     topical areas that--
       ``(i) address the workforce needs of the nuclear energy 
     community; and
       ``(ii) support critical mission needs of the Commission.''.
       (s) Biennial Report on the Spent Nuclear Fuel and High-
     level Radioactive Waste Inventory in the United States.--
       (1) Definitions.--In this subsection:
       (A) High-level radioactive waste.--The term ``high-level 
     radioactive waste'' has the meaning given the term in section 
     2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
       (B) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
     has the meaning given the term in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101).
       (C) Standard contract.--The term ``standard contract'' has 
     the meaning given the term ``contract'' in section 961.3 of 
     title 10, Code of Federal Regulations (or any successor 
     regulation).
       (2) Report.--Not later than January 1, 2026, and biennially 
     thereafter, the Secretary of Energy shall submit to Congress 
     a report that describes--
       (A) the annual and cumulative amount of payments made by 
     the United States to the holder of a standard contract due to 
     a partial breach of contract under the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10101 et seq.) resulting in financial 
     damages to the holder;
       (B) the cumulative amount spent by the Department of Energy 
     since fiscal year 2008 to reduce future payments projected to 
     be made by the United States to any holder of a standard 
     contract due to a partial breach of contract under the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
       (C) the cumulative amount spent by the Department of Energy 
     to store, manage, and dispose of spent nuclear fuel and high-
     level radioactive waste in the United States as of the date 
     of the report;
       (D) the projected lifecycle costs to store, manage, 
     transport, and dispose of the projected inventory of spent 
     nuclear fuel and high-level radioactive waste in the United 
     States, including spent nuclear fuel and high-level 
     radioactive waste expected to be

[[Page S3269]]

     generated from existing reactors through 2050;
       (E) any mechanisms for better accounting of liabilities for 
     the lifecycle costs of the spent nuclear fuel and high-level 
     radioactive waste inventory in the United States;
       (F) any recommendations for improving the methods used by 
     the Department of Energy for the accounting of spent nuclear 
     fuel and high-level radioactive waste costs and liabilities;
       (G) any actions taken in the previous fiscal year by the 
     Department of Energy with respect to interim storage; and
       (H) any activities taken in the previous fiscal year by the 
     Department of Energy to develop and deploy nuclear 
     technologies and fuels that enhance the safe transportation 
     or storage of spent nuclear fuel or high-level radioactive 
     waste, including technologies to protect against seismic, 
     flooding, and other extreme weather events.
       (t) Development, Qualification, and Licensing of Advanced 
     Nuclear Fuel Concepts.--
       (1) In general.--The Commission shall establish an 
     initiative to enhance preparedness and coordination with 
     respect to the qualification and licensing of advanced 
     nuclear fuel.
       (2) Agency coordination.--Not later than 180 days after the 
     date of enactment of this Act, the Commission and the 
     Secretary of Energy shall enter into a memorandum of 
     understanding--
       (A) to share technical expertise and knowledge through--
       (i) enabling the testing and demonstration of accident 
     tolerant fuels for existing commercial nuclear reactors and 
     advanced nuclear reactor fuel concepts to be proposed and 
     funded, in whole or in part, by the private sector;
       (ii) operating a database to store and share data and 
     knowledge relevant to nuclear science and engineering between 
     Federal agencies and the private sector;
       (iii) leveraging expertise with respect to safety analysis 
     and research relating to advanced nuclear fuel; and
       (iv) enabling technical staff to actively observe and learn 
     about technologies, with an emphasis on identification of 
     additional information needed with respect to advanced 
     nuclear fuel; and
       (B) to ensure that--
       (i) the Department of Energy has sufficient technical 
     expertise to support the timely research, development, 
     demonstration, and commercial application of advanced nuclear 
     fuel;
       (ii) the Commission has sufficient technical expertise to 
     support the evaluation of applications for licenses, permits, 
     and design certifications and other requests for regulatory 
     approval for advanced nuclear fuel;
       (iii)(I) the Department of Energy maintains and develops 
     the facilities necessary to enable the timely research, 
     development, demonstration, and commercial application by the 
     civilian nuclear industry of advanced nuclear fuel; and
       (II) the Commission has access to the facilities described 
     in subclause (I), as needed; and
       (iv) the Commission consults, as appropriate, with the 
     modeling and simulation experts at the Office of Nuclear 
     Energy of the Department of Energy, at the National 
     Laboratories, and within industry fuel vendor teams in 
     cooperative agreements with the Department of Energy to 
     leverage physics-based computer modeling and simulation 
     capabilities.
       (3) Report.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing the 
     efforts of the Commission under paragraph (1), including--
       (i) an assessment of the preparedness of the Commission to 
     review and qualify for use--

       (I) accident tolerant fuel;
       (II) ceramic cladding materials;
       (III) fuels containing silicon carbide;
       (IV) high-assay, low-enriched uranium fuels;
       (V) molten-salt based liquid fuels;
       (VI) fuels derived from spent nuclear fuel or depleted 
     uranium; and
       (VII) other related fuel concepts, as determined by the 
     Commission;

       (ii) activities planned or undertaken under the memorandum 
     of understanding described in paragraph (2);
       (iii) an accounting of the areas of research needed with 
     respect to advanced nuclear fuel; and
       (iv) any other challenges or considerations identified by 
     the Commission.
       (B) Consultation.--In developing the report under 
     subparagraph (A), the Commission shall seek input from--
       (i) the Secretary of Energy;
       (ii) National Laboratories;
       (iii) the nuclear energy industry;
       (iv) technology developers;
       (v) nongovernmental organizations; and
       (vi) other public stakeholders.
       (u) Mission Alignment.--
       (1) Update.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall, while remaining 
     consistent with the policies of the Atomic Energy Act of 1954 
     (42 U.S.C. 2011 et seq.) and the Energy Reorganization Act of 
     1974 (42 U.S.C. 5801 et seq.) (including to provide 
     reasonable assurance of adequate protection of the public 
     health and safety, to promote the common defense and 
     security, and to protect the environment), update the mission 
     statement of the Commission to include that licensing and 
     regulation of the civilian use of radioactive materials and 
     nuclear energy be conducted in a manner that is efficient and 
     does not unnecessarily limit--
       (A) the civilian use of radioactive materials and 
     deployment of nuclear energy; or
       (B) the benefits of civilian use of radioactive materials 
     and nuclear energy technology to society.
       (2) Report.--On completion of the update to the mission 
     statement required under paragraph (1), the Commission shall 
     submit to the appropriate committees of Congress a report 
     that describes--
       (A) the updated mission statement; and
       (B) the guidance that the Commission will provide to staff 
     of the Commission to ensure effective performance of the 
     mission of the Commission.
       (v) Strengthening the NRC Workforce.--
       (1) Commission workforce.--
       (A) General authority.--The Atomic Energy Act of 1954 (42 
     U.S.C. 2011 et seq.) is amended by inserting after section 
     161A the following:

     ``SEC. 161B. COMMISSION WORKFORCE.

       ``(a) Direct Hire Authority.--
       ``(1) In general.--Notwithstanding section 161 d. of this 
     Act and any provision of Reorganization Plan No. 1 of 1980 
     (94 Stat. 3585; 5 U.S.C. app.), and without regard to any 
     provision of title 5 (except section 3328), United States 
     Code, governing appointments in the civil service, the 
     Chairman of the Nuclear Regulatory Commission (in this 
     section referred to as the `Chairman') may, in order to carry 
     out the Nuclear Regulatory Commission's (in this section 
     referred to as the `Commission') responsibilities and 
     activities in a timely, efficient, and effective manner and 
     subject to the limitations described in paragraphs (2), (3), 
     and (4)--
       ``(A) recruit and directly appoint exceptionally well-
     qualified individuals into the excepted service for covered 
     positions; and
       ``(B) establish in the excepted service term-limited 
     covered positions and recruit and directly appoint 
     exceptionally well-qualified individuals into such term-
     limited covered positions, which may not exceed a term of 4 
     years.
       ``(2) Limitations.--
       ``(A) Number.--
       ``(i) In general.--The number of exceptionally well-
     qualified individuals serving in covered positions pursuant 
     to paragraph (1)(A) may not exceed 210 at any one time.
       ``(ii) Term-limited covered positions.--The Chairman may 
     not appoint more than 20 exceptionally well-qualified 
     individuals into term-limited covered positions pursuant to 
     paragraph (1)(B) during any fiscal year.
       ``(B) Compensation.--
       ``(i) Annual rate.--The annual basic rate of pay for any 
     individual appointed under paragraph (1)(A) or paragraph 
     (1)(B) may not exceed the annual basic rate of pay for level 
     III of the Executive Schedule under section 5314 of title 5, 
     United States Code.
       ``(ii) Experience and qualifications.--Any individual 
     recruited and directly appointed into a covered position or a 
     term-limited covered position shall be compensated at a rate 
     of pay that is commensurate with such individual's experience 
     and qualifications.
       ``(C) Senior executive service position.--The Chairman may 
     not, under paragraph (1)(A) or paragraph (1)(B), appoint 
     exceptionally well-qualified individuals to any Senior 
     Executive Service position, as defined in section 3132 of 
     title 5, United States Code.
       ``(3) Level of positions.--To the extent practicable, in 
     carrying out paragraph (1) the Chairman shall recruit and 
     directly appoint exceptionally well-qualified individuals 
     into the excepted service to entry, mid, and senior level 
     covered positions, including term-limited covered positions.
       ``(4) Consideration of future workforce needs.--When 
     recruiting and directly appointing exceptionally well-
     qualified individuals to covered positions pursuant to 
     paragraph (1)(A), to maintain sufficient flexibility under 
     the limitations of paragraph (2)(A)(i), the Chairman shall 
     consider the future workforce needs of the Commission to 
     carry out its responsibilities and activities in a timely, 
     efficient, and effective manner.
       ``(b) Addressing Insufficient Compensation of Employees and 
     Other Personnel of the Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Chairman may fix the compensation for employees or 
     other personnel serving in a covered position without regard 
     to any provision of title 5, United States Code, governing 
     General Schedule classification and pay rates.
       ``(2) Applicability.--The authority under this subsection 
     to fix the compensation of employees or other personnel shall 
     apply with respect to an employee or other personnel serving 
     in a covered position regardless of when the employee or 
     other personnel was hired.
       ``(3) Limitations on compensation.--
       ``(A) Annual rate.--The Chairman may not use the authority 
     under paragraph (1) to fix the compensation of employees or 
     other personnel--
       ``(i) at an annual rate of basic pay higher than the annual 
     basic rate of pay for level III of the Executive Schedule 
     under section 5314 of title 5, United States Code; or
       ``(ii) at an annual rate of basic pay that is not 
     commensurate with such an employee or other personnel's 
     experience and qualifications.

[[Page S3270]]

       ``(B) Senior executive service positions.--The Chairman may 
     not use the authority under paragraph (1) to fix the 
     compensation of an employee serving in a Senior Executive 
     Service position, as defined in section 3132 of title 5, 
     United States Code.
       ``(c) Additional Compensation Authority.--
       ``(1) For new employees.--The Chairman may pay an 
     individual recruited and directly appointed under subsection 
     (a) a 1-time hiring bonus in an amount not to exceed $25,000.
       ``(2) For existing employees.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), an 
     employee or other personnel who the Chairman determines 
     exhibited exceptional performance in a fiscal year may be 
     paid a performance bonus in an amount not to exceed the least 
     of--
       ``(i) $25,000; and
       ``(ii) the amount of the limitation that is applicable for 
     a calendar year under section 5307(a)(1) of title 5, United 
     States Code.
       ``(B) Exceptional performance.--Exceptional performance 
     under subparagraph (A) includes--
       ``(i) leading a project team in a timely and efficient 
     licensing review to enable the safe use of nuclear 
     technology;
       ``(ii) making significant contributions to a timely and 
     efficient licensing review to enable the safe use of nuclear 
     technology;
       ``(iii) the resolution of novel or first-of-a-kind 
     regulatory issues;
       ``(iv) developing or implementing licensing or regulatory 
     oversight processes to improve the effectiveness of the 
     Commission; and
       ``(v) other performance, as determined by the Chairman.
       ``(C) Limitations.--
       ``(i) Subsequent bonuses.--Any person who receives a 
     performance bonus under subparagraph (A) may not receive 
     another performance bonus under that subparagraph for a 
     period of 5 years thereafter.
       ``(ii) Hiring bonuses.--Any person who receives a 1-time 
     hiring bonus under paragraph (1) may not receive a 
     performance bonus under subparagraph (A) unless more than one 
     year has elapsed since the payment of such 1-time hiring 
     bonus.
       ``(iii) No bonus for senior executive service positions.--
     No person serving in a Senior Executive Service position, as 
     defined in section 3132 of title 5, United States Code, may 
     receive a performance bonus under subparagraph (A).
       ``(d) Implementation Plan and Report.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Chairman shall develop and 
     implement a plan to carry out this section. Before 
     implementing such plan, the Chairman shall submit to the 
     Committee on Energy and Commerce of the House of 
     Representatives, the Committee on Environment and Public 
     Works of the Senate, and the Office of Personnel Management a 
     report on the details of the plan.
       ``(2) Report content.--The report submitted under paragraph 
     (1) shall include--
       ``(A) evidence and supporting documentation justifying the 
     plan; and
       ``(B) budgeting projections on costs and benefits resulting 
     from the plan.
       ``(3) Consultation.--The Chairman may consult with the 
     Office of Personnel Management, the Office of Management and 
     Budget, and the Comptroller General of the United States in 
     developing the plan under paragraph (1).
       ``(e) Delegation.--The Chairman shall delegate, subject to 
     the direction and supervision of the Chairman, the authority 
     provided by subsections (a), (b), and (c) to the Executive 
     Director for Operations of the Commission.
       ``(f) Information on Hiring, Vacancies, and Compensation.--
       ``(1) In general.--The Commission shall include in its 
     budget materials submitted in support of the budget of the 
     President (submitted to Congress pursuant to section 1105 of 
     title 31, United States Code), for fiscal year 2026 and each 
     fiscal year thereafter, information relating to hiring, 
     vacancies, and compensation at the Commission.
       ``(2) Inclusions.--The information described in paragraph 
     (1) shall include--
       ``(A) an analysis of any trends with respect to hiring, 
     vacancies, and compensation at the Commission;
       ``(B) a description of the efforts to retain and attract 
     employees or other personnel to serve in covered positions at 
     the Commission;
       ``(C) information that describes--
       ``(i) how the authority provided by subsection (a) is being 
     used to address the hiring needs of the Commission;
       ``(ii) the total number of exceptionally well-qualified 
     individuals serving in--

       ``(I) covered positions described in subsection (g)(1) 
     pursuant to subsection (a)(1)(A);
       ``(II) covered positions described in subsection (g)(2) 
     pursuant to subsection (a)(1)(A);
       ``(III) term-limited covered positions described in 
     subsection (g)(1) pursuant to subsection (a)(1)(B); and
       ``(IV) term-limited covered positions described in 
     subsection (g)(2) pursuant to subsection (a)(1)(B);

       ``(iii) how the authority provided by subsection (b) is 
     being used to address the hiring or retention needs of the 
     Commission;
       ``(iv) the total number of employees or other personnel 
     serving in a covered position that have their compensation 
     fixed pursuant to subsection (b); and
       ``(v) the attrition levels with respect to term-limited 
     covered positions appointed under subsection (a)(1)(B), 
     including the number of individuals leaving a term-limited 
     covered position before completion of the applicable term of 
     service and the average length of service for such 
     individuals as a percentage of the applicable term of 
     service; and
       ``(D) an assessment of--
       ``(i) the current critical workforce needs of the 
     Commission and any critical workforce needs that the 
     Commission anticipates in the next five years; and
       ``(ii) additional skillsets that are or likely will be 
     needed for the Commission to fulfill the licensing and 
     oversight responsibilities of the Commission.
       ``(g) Covered Position.--In this section, the term `covered 
     position' means--
       ``(1) a position in which an employee or other personnel is 
     responsible for conducting work of a highly-specialized 
     scientific, technical, engineering, mathematical, or 
     otherwise skilled nature to address a critical licensing or 
     regulatory oversight need for the Commission; or
       ``(2) a position that the Executive Director for Operations 
     of the Commission determines is necessary to fulfill the 
     responsibilities of the Commission in a timely, efficient, 
     and effective manner.
       ``(h) Sunset.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     authorities provided by subsections (a) and (b) shall 
     terminate on September 30, 2034.
       ``(2) Certification.--If, no later than the date referenced 
     in paragraph (1), the Commission issues a certification that 
     the authorities provided by subsection (a), subsection (b), 
     or both subsections are necessary for the Commission to carry 
     out its responsibilities and activities in a timely, 
     efficient, and effective manner, the authorities provided by 
     the applicable subsection shall terminate on September 30, 
     2039.
       ``(3) Compensation.--The termination of the authorities 
     provided by subsections (a) and (b) shall not affect the 
     compensation of an employee or other personnel serving in a 
     covered position whose compensation was fixed by the Chairman 
     in accordance with subsection (a) or (b).''.
       (B) 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.''.
       (2) Government accountability office report.--Not later 
     than September 30, 2033, the Comptroller General of the 
     United States shall submit to the Committee on Energy and 
     Commerce and the Committee on Oversight and Accountability of 
     the House of Representatives and the Committee on Environment 
     and Public Works and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report that--
       (A) 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;
       (B) describes the role in which the exceptionally well-
     qualified individuals recruited and directly appointed 
     pursuant to section 161B(a) of the Atomic Energy Act of 1954 
     (as added by this Act) have been utilized to support the 
     licensing of advanced nuclear reactors;
       (C) assesses the effectiveness of the authorities provided 
     under subsections (a), (b), and (c) of section 161B of the 
     Atomic Energy Act of 1954 (as added by this Act) in helping 
     the Commission fulfill its mission;
       (D) makes recommendations to improve the Commission's 
     strategic workforce management; and
       (E) makes recommendations with respect to whether Congress 
     should extend, enhance, modify, or discontinue the 
     authorities provided under subsections (a), (b), and (c) of 
     section 161B of the Atomic Energy Act of 1954 (as added by 
     this Act).
       (3) Annual solicitation for nuclear regulator 
     apprenticeship network applications.--The Commission, on an 
     annual basis, shall solicit applications for the Nuclear 
     Regulator Apprenticeship Network.
       (w) Commission Corporate Support Funding.--
       (1) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress and make publicly 
     available a report that describes--
       (A) the progress on the implementation of section 102(a)(3) 
     of the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(a)(3)); and
       (B) whether the Commission is meeting and is expected to 
     meet the total budget authority caps required for corporate 
     support under that section.
       (2) Limitation on corporate support costs.--Section 
     102(a)(3) of the Nuclear Energy Innovation and Modernization 
     Act (42 U.S.C. 2215(a)(3)) is amended by striking 
     subparagraphs (B) and (C) and inserting the following:
       ``(B) 30 percent for fiscal year 2025 and each fiscal year 
     thereafter.''.
       (3) Corporate support costs clarification.--Paragraph (10) 
     of section 3 of the Nuclear Energy Innovation and 
     Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) 
     (as redesignated by subsection (h)(1)(A)) is amended--

[[Page S3271]]

       (A) by striking ``The term'' and inserting the following:
       ``(A) In general.--The term''; and
       (B) by adding at the end the following:
       ``(B) Exclusions.--The term `corporate support costs' does 
     not include--
       ``(i) costs for rent and utilities relating to any and all 
     space in the Three White Flint North building that is not 
     occupied by the Commission; or
       ``(ii) costs for salaries, travel, and other support for 
     the Office of the Commission.''.
       (x) Performance Metrics and Milestones.--Section 102(c) of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(c)) is amended--
       (1) in paragraph (3)--
       (A) in the paragraph heading, by striking ``180'' and 
     inserting ``90''; and
       (B) by striking ``180'' and inserting ``90''; and
       (2) by adding at the end the following:
       ``(4) Periodic updates to metrics and schedules.--
       ``(A) Review and assessment.--Not less frequently than once 
     every 3 years, the Commission shall review and assess, based 
     on the licensing and regulatory activities of the Commission, 
     the performance metrics and milestone schedules established 
     under paragraph (1).
       ``(B) Revisions.--After each review and assessment under 
     subparagraph (A), the Commission shall revise and improve, as 
     appropriate, the performance metrics and milestone schedules 
     described in that subparagraph to provide the most efficient 
     metrics and schedules reasonably achievable.''.
       (y) Nuclear Licensing Efficiency.--
       (1) Office of nuclear reactor regulation.--Section 203 of 
     the Energy Reorganization Act of 1974 (42 U.S.C. 5843) is 
     amended--
       (A) in subsection (a), by striking ``(a) There'' and 
     inserting the following:
       ``(a) Establishment; Appointment of Director.--There'';
       (B) in subsection (b)--
       (i) 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

       (ii) in paragraph (3), by striking ``for the discharge of 
     the'' and inserting ``to fulfill the licensing and regulatory 
     oversight'';
       (C) in subsection (c), by striking ``(c) Nothing'' and 
     inserting the following:
       ``(d) Responsibility for Safe Operation of Facilities.--
     Nothing''; and
       (D) by inserting after subsection (b) the following:
       ``(c) Licensing Process.--In carrying out the principal 
     licensing and regulation functions under subsection (b)(1), 
     the Director of Nuclear Reactor Regulation shall--
       ``(1) establish techniques and guidance for evaluating 
     applications for licenses for nuclear reactors to support 
     efficient, timely, and predictable reviews of applications 
     for those licenses to enable the safe and secure use of 
     nuclear reactors;
       ``(2) maintain the techniques and guidance established 
     under paragraph (1) by periodically assessing and, if 
     necessary, modifying those techniques and guidance; and
       ``(3) obtain approval from the Commission if establishment 
     or modification of the techniques and guidance under 
     paragraph (1) or (2) involves policy formulation.''.
       (2) Efficient licensing reviews.--
       (A) General.--Section 181 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2231) is amended--
       (i) by striking ``The provisions of'' and inserting the 
     following:
       ``(a) In General.--The provisions of''; and
       (ii) by adding at the end the following:
       ``(b) Efficient Licensing Reviews.--The Commission shall 
     provide for efficient and timely reviews and proceedings for 
     the granting, suspending, revoking, or amending of any--
       ``(1) license or construction permit; or
       ``(2) application to transfer control.''.
       (3) Construction permits and operating licenses.--Section 
     185 of the Atomic Energy Act of 1954 (42 U.S.C. 2235) is 
     amended by adding at the end the following:
       ``c. Application Reviews for Production and Utilization 
     Facilities of an Existing Site.--In reviewing an application 
     for an early site permit, construction permit, operating 
     license, or combined construction permit and operating 
     license for a production facility or utilization facility 
     located at the site of a production facility or utilization 
     facility licensed by the Commission, the Commission shall, to 
     the extent practicable, use information that was part of the 
     licensing basis of the licensed production facility or 
     utilization facility.''.
       (z) Modernization of Nuclear Reactor Environmental 
     Reviews.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report on the efforts of 
     the Commission to facilitate efficient, timely, and 
     predictable environmental reviews of nuclear reactor 
     applications for a license under section 103 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133), including through 
     expanded use of categorical exclusions, environmental 
     assessments, and generic environmental impact statements.
       (2) Report.--In completing the report under paragraph (1), 
     the Commission shall--
       (A) describe the actions the Commission will take to 
     implement the amendments to the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of 
     the Fiscal Responsibility Act of 2023 (Public Law 118-5; 137 
     Stat. 38);
       (B) consider--
       (i) using, through adoption, incorporation by reference, or 
     other appropriate means, categorical exclusions, 
     environmental assessments, and environmental impact 
     statements prepared by other Federal agencies to streamline 
     environmental reviews of applications described in paragraph 
     (1) by the Commission;
       (ii) using categorical exclusions, environmental 
     assessments, and environmental impact statements prepared by 
     the Commission to streamline environmental reviews of 
     applications described in paragraph (1) by the Commission;
       (iii) using mitigated findings of no significant impact in 
     environmental reviews of applications described in paragraph 
     (1) by the Commission to reduce the impact of a proposed 
     action to a level that is not significant;
       (iv) the extent to which the Commission may rely on prior 
     studies or analyses prepared by Federal, State, and local 
     governmental permitting agencies to streamline environmental 
     reviews of applications described in paragraph (1) by the 
     Commission;
       (v) opportunities to coordinate the development of 
     environmental assessments and environmental impact statements 
     with other Federal agencies to avoid duplicative 
     environmental reviews and to streamline environmental reviews 
     of applications described in paragraph (1) by the Commission;
       (vi) opportunities to streamline formal and informal 
     consultations and coordination with other Federal, State, and 
     local governmental permitting agencies during environmental 
     reviews of applications described in paragraph (1) by the 
     Commission;
       (vii) opportunities to streamline the Commission's analyses 
     of alternatives, including the Commission's analysis of 
     alternative sites, in environmental reviews of applications 
     described in paragraph (1) by the Commission;
       (viii) establishing new categorical exclusions that could 
     be applied to actions relating to new applications described 
     in paragraph (1);
       (ix) amending section 51.20(b) of title 10, Code of Federal 
     Regulations, to allow the Commission to determine, on a case-
     specific basis, whether an environmental assessment (rather 
     than an environmental impact statement or supplemental 
     environmental impact statement) is appropriate for a 
     particular application described in paragraph (1), including 
     in proceedings in which the Commission relies on a generic 
     environmental impact statement for advanced nuclear reactors;
       (x) 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));
       (xi) opportunities to adopt online and digital 
     technologies, including technologies that would allow 
     applicants and cooperating agencies to upload documents and 
     coordinate with the Commission to edit documents in real 
     time, that would streamline communications between--

       (I) the Commission and applicants; and
       (II) the Commission and other relevant cooperating 
     agencies; and

       (xii) in addition to implementing measures under 
     subparagraph (C), potential revisions to part 51 of title 10, 
     Code of Federal Regulations, and relevant Commission guidance 
     documents--

       (I) to facilitate efficient, timely, and predictable 
     environmental reviews of applications described in paragraph 
     (1);
       (II) to assist decision making about relevant environmental 
     issues;
       (III) to maintain openness with the public;
       (IV) to meet obligations under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
       (V) to reduce burdens on licensees, applicants, and the 
     Commission; and

       (C) include a schedule for promulgating a rule for any 
     measures considered by the Commission under clauses (i) 
     through (xi) of subparagraph (B) that require a rulemaking.
       (aa) Improving Oversight and Inspection Programs.--
       (1) Definition of licensee.--In this subsection, the term 
     ``licensee'' means a person that holds a license issued under 
     section 103 or 104 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2133, 2134).
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall develop and 
     submit to the appropriate committees of Congress a report 
     that identifies specific improvements to the nuclear reactor 
     and materials oversight and inspection programs carried out 
     pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
     seq.) that the Commission may implement to maximize the 
     efficiency of such programs through, where appropriate, the 
     use of risk-informed, performance-based procedures, expanded 
     incorporation of information technologies, and staff 
     training.
       (3) Stakeholder input.--In developing the report under 
     paragraph (2), the Commission shall, as appropriate, seek 
     input from--
       (A) other Federal regulatory agencies that conduct 
     oversight and inspections;
       (B) the nuclear energy industry;
       (C) nongovernmental organizations; and
       (D) other public stakeholders.
       (4) Contents.--The report submitted under paragraph (2) 
     shall--

[[Page S3272]]

       (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; and
       (iv) the cross-cutting issues program;
       (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 
     the mission of the Commission, to enable licensee innovations 
     that may advance nuclear reactor operational efficiency and 
     safety, including the criteria of the Commission for timely 
     acceptance of licensee adoption of advanced technologies, 
     including digital technologies;
       (E) identify recommendations resulting from the assessments 
     described in subparagraphs (A) through (D);
       (F) identify specific actions that the Commission may take 
     to incorporate into the training, inspection, oversight, and 
     licensing activities, and regulations, of the Commission, 
     without compromising the mission of the Commission, the 
     recommendations identified under subparagraph (E); and
       (G) describe when the actions identified under subparagraph 
     (F) may be implemented.
       (bb) 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''.
       (cc) Report on Engagement With the Government of Canada 
     With Respect to Nuclear Waste Issues in the Great Lakes 
     Basin.--Not later than 1 year after the date of enactment of 
     this Act, the Commission shall submit to the appropriate 
     committees of Congress, the Committee on Foreign Relations of 
     the Senate, the Committee on Energy and Natural Resources of 
     the Senate, and the Committee on Foreign Affairs of the House 
     of Representatives a report describing any engagement between 
     the Commission and the Government of Canada with respect to 
     nuclear waste issues in the Great Lakes Basin.
       (dd) Savings Clause.--Nothing in this section affects 
     authorities of the Department of State.
                                 ______