[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.
______