[Senate Report 118-182]
[From the U.S. Government Publishing Office]
Calendar No. 118
118th Congress} { Report
SENATE
2d Session } { 118-182
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ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED NUCLEAR FOR CLEAN ENERGY
ACT OF 2023
_______
June 17, 2024.--Ordered to be printed
_______
Mr. Carper, from the Committee on Environment and
Public Works, submitted the following
R E P O R T
[To accompany S. 1111]
The Committee on Environment and Public Works to which was
referred the bill (S. 1111) to enhance United States civil
nuclear leadership, support the licensing of advanced nuclear
technologies, strengthen the domestic nuclear energy fuel cycle
and supply chain, and improve the regulation of nuclear energy,
and for other purposes, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
General Statement and Background
Preserving and expanding the nation's use of clean and
reliable nuclear energy is essential to advancing the energy
and national security interests of the United States and
achieving our environmental goals. Currently, America's 94
operating nuclear reactors generate approximately one-fifth of
our nation's electricity and nearly half of our carbon-free
energy.\1\ In addition, new nuclear reactors would provide
reliable, diverse, and clean energy to support our nation's
electricity system. Thus, the United States must support both
continued operation of existing reactors and deploy new
advanced reactors to ensure that nuclear generation maintains
its important role in America's energy portfolio.
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\1\World Nuclear Association, Country Profiles: Nuclear Power in
the USA, https://world-
nuclear.org/information-library/country-profiles/countries-t-z/usa-
nuclear-power.aspx (last visited January 31, 2024).
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Russia's war on Ukraine and China's aggressive nuclear
buildout highlight the importance of American leadership in
providing energy security at home and abroad. The international
community, particularly American allies, are seeking to deploy
new nuclear technologies to reduce reliance on Russian energy,
and specifically Rosatom, Russia's state-owned nuclear
enterprise. Exporting American nuclear technologies will grow
domestic jobs and fill a vacuum abroad that will likely
otherwise be filled by Russia and China. Doing so is good for
America's geostrategic relationships, the U.S. economy and job
creation, and safety, security, and nonproliferation standards.
The Committee recognizes the Nuclear Regulatory Commission
(NRC) as the international leader for the regulation of the use
of radioactive material and nuclear technology. However, the
burgeoning interest in the rapid deployment of new reactor
concepts presents challenges to the NRC on multiple fronts.
Reactor vendors seeking to license designs that depart from
traditional light-water reactor technology require the NRC to
build and maintain additional technical capacity to meet its
statutory licensing and oversight role.
In order to maintain the public's trust and confidence in
its decisions and in the safety regimes that it administers,
the NRC must continue to fulfill its safety mission consistent
with its obligations as an independent regulator under the
Atomic Energy Act of 1954 and the Energy Reorganization Act of
1974.\2\ The Commission should ensure that its licensing and
regulatory activities are conducted in a manner designed ``to
provide reasonable assurance of adequate protection of public
health and safety and to promote the common defense and
security and to protect the environment''.\3\ Application of
the NRC's Principles of Good Regulation--Independence,
Openness, Efficiency, Clarity, and Reliability--can and should
guide the NRC's execution of its licensing and oversight
functions in order to manage any surge in licensing
activity.\4\ Nothing in this Act is intended to change those
fundamental guideposts in how the agency does its work.
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\2\Atomic Energy Act of 1954, ch. 1073, Sec. 1, 68 Stat. 960
(August 30, 1954); Energy Reorganization Act of 1974, Pub. L. 93-438,
Oct. 11, 1974, 88 Stat. 1233 (October 11, 1974).
\3\U.S. Nuclear Regulatory Commission, About NRC: NRC Mission,
https://www.nrc.gov/about-nrc.html (last visited January 26, 2024).
\4\U.S. Department of Energy, Pathways to Commercial Liftoff:
Advanced Nuclear, Department of Energy, Mar. 2023, https://
liftoff.energy.gov/wp-content/uploads/2023/05/20230320-Liftoff-
Advanced-Nuclear-vPUB-0329-Update.pdf.
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The NRC's efforts to modernize and prepare for additional
licensing activities are critical as nuclear energy is
increasingly recognized as a necessary resource to provide
baseload, emission-free energy. The NRC is currently engaged in
reviewing license applications for first-of-a-kind reactor
designs, with several other developers engaged in pre-
application discussions.\5\ In addition, the NRC is developing
a new regulatory framework for advanced reactors with
unprecedented levels of engagement from the industry and the
public.\6\ These activities provide significant learning
opportunities for the agency and will help better prepare the
NRC staff for future applications.
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\5\U.S. Nuclear Regulatory Commission, Status Report on the
Licensing Activities and Regulatory Duties of the U.S. Nuclear
Regulatory Commission (For the Reporting Period of July 1, 2023 through
September 30, 2023), https://www.nrc.gov/docs/ML2327/ML23279A030.pdf.
\6\U.S. Nuclear Regulatory Commission, Part 53--Risk Informed,
Technology-Inclusive Regulatory Framework for Advanced Reactors,
https://www.nrc.gov/reactors/new-reactors/advanced/rulemaking-and-
guidance/part-53.html (last visited January 26, 2024).
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S. 1111, the Accelerating Deployment of Versatile, Advanced
Nuclear for Clean Energy Act of 2023's (herein referred to as
the ADVANCE Act) suite of policies to enable the safe use of
nuclear energy will build on the NRC's current initiatives and
position the U.S. to compete in international markets. Targeted
public funding to support certain licensing activities will
unlock further private investment to successfully license and
operate new reactors while providing broader public benefits.
This targeted support also aims to empower the NRC to modernize
and strengthen its regulatory capacity and invest in critical
areas of the agency.
Both domestically and abroad, advanced reactor developers
envisage novel uses for their designs beyond electricity
generation. Many innovative nuclear vendors have expressed
intentions to mass-manufacture their designs to achieve
economies of scale. Each novel use case and innovative
manufacturing or construction practice requires thoughtful
consideration to identify and address potential safety and
regulatory issues before developers submit applications for
licensing. Achieving efficiency in the license review process
for advanced reactors requires that agency technical staff
possess the knowledge to effectively evaluate the safety of new
technologies. Reducing uncertainties through early engagement
with potential licensees and coordinated research initiatives
will help to build technical capacity to inform licensing
reviews.
In addition to addressing anticipated, future needs in
developing and deploying new nuclear technologies, the ADVANCE
Act also recognizes and addresses issues associated with the
federal government's role and legacy in Cold War uranium
mining. The environmental and public health impacts of the
early atomic age and the legacy of nuclear weapons development
continue to impact communities across the nation. The Committee
recognizes the federal government's role in remediating these
legacy sites and supports steps necessary to clean up those
abandoned uranium mines located on Tribal lands.\7\
Additionally, communities that host nuclear power plants that
have shut down face a number of negative economic impacts and
economic development challenges, which includes the federal
government's failure to fulfill its legal obligation to
permanently dispose of commercial spent nuclear fuel.
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\7\U.S. Environmental Protection Agency, Navajo Nation: Cleaning Up
Abandoned Uranium Mines, https://www.epa.gov/navajo-nation-uranium-
cleanup/abandoned-mines-cleanup (last visited January 26, 2024).
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The ADVANCE Act includes provisions that address pressing
needs of the NRC and introduces policies that will lay the
foundation for advanced reactor deployment in the coming
decade. Reinvigorating America's nuclear energy sector will
create jobs, strengthen our energy and national security,
reduce carbon dioxide emissions, grow our economy, and
strengthen strategic domestic supply chains. The ADVANCE Act
will help the United States to achieve these goals. This
legislation enjoys broad support from the nuclear industry,
nonprofit organizations, labor and trade unions, and other
stakeholders.\8\
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\8\Letters of support from the following entities are on file with
the Committee: American Nuclear Insurers; American Nuclear Society; ARC
Clean Technology; BPC Action; BWX Technologies, Inc.; Center for
Climate and Energy Solutions (C2ES); Centrus Energy Corp.; Clean Air
Task Force; ClearPath Action; Core Power (US) Energy Northwest;
Framatome Inc.; Generation Atomic; Good Energy Collective;
International Brotherhood of Boilermakers; International Brotherhood of
Electrical Workers (IBEW); Lightbridge Corporation; National Rural
Electric Cooperative Association; The Nature Conservancy; Nuclear
Energy Institute; Nuclear Innovation Alliance; Oklo; Orano USA; Radiant
Industries; TerraPower; Terrestrial Energy USA; Third Way; Urenco USA;
U.S. Chamber of Commerce; U.S. Nuclear Industry Council; Xcel Energy;
and X-Energy, LLC.
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TITLE I--AMERICAN NUCLEAR LEADERSHIP
This title will help to facilitate U.S. leadership in
international nuclear energy development in order to compete
with Russian and Chinese entities and to partner with nations
seeking to deploy nuclear power plants. Countries that
currently do not host nuclear reactors are exploring the
deployment of nuclear power to help strengthen energy
infrastructure. For example, several countries in Africa are
looking to deploy nuclear energy.\9\ These emerging civil
nuclear energy nations will require financial and technical
support to build independent regulatory agencies and develop
the institutional, cultural, and safety expertise to deploy
civil nuclear energy generation. Establishing a framework for
cooperation will position the United States to serve as the
international leader in forging new global nuclear
partnerships.\10\ The NRC has already launched some initiatives
to do so. For example, in 2019, the NRC entered into a
memorandum of cooperation (MOC) with the Canadian Nuclear
Safety Commission (CNSC) to increase collaboration on technical
reviews of advanced reactors. This partnership has yielded
benefits to both agencies.\11\
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\9\Atoms for Africa, The Breakthrough Institute (Apr. 18, 2018),
https://thebreakthrough.org/articles/atoms-for-africa.
\10\ See, e.g., Atlantic Council, U.S. Nuclear Energy Leadership:
Innovation and The Strategic Global Challenge (May 2019), https://
www.atlanticcouncil.org/wp-content/uploads/2019/05/
US_Nuclear_Energy_Leadership-.pdf.
\11\ U.S. Nuclear Regulatory Commission, Memorandum of Cooperation
Between the Canadian Nuclear Safety Commission (CNSC) and the NRC,
https://www.nrc.gov/reactors/new-reactors/
advanced/who-were-working-with/international-cooperation/nrc-cnsc-
moc.html (last visited January 26, 2024).
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Building on the NRC's MOC with the CNSC, and related
international activities, section 101 of the ADVANCE Act
directs the NRC to coordinate international activities to
support regulatory cooperation with allied countries, as well
as countries seeking to establish nuclear regulatory frameworks
of their own. The Committee intends that the Commission
implement section 101 by coordinating activities relating to
both nuclear reactor licensing and oversight, as well as
radioactive material regulation. The Committee urges the
Commission to establish a single branch to serve as a single
coordinating function, but the bill does not prohibit the
Commission from reorganizing this coordinating function for
international activities in the future. Section 101 of the
ADVANCE Act does not confer any new authorities to the
Commission beyond the NRC's existing statutory regulatory and
licensing authority to serve as an independent safety regulator
and its role in approving certain export licenses, as generally
conducted under 10 C.F.R. Part 110.
To counter Russian influence in nuclear fuel markets and
the impacts to domestic nuclear fuel manufacturing capacity,
the ADVANCE Act restricts the possession in the United States
of nuclear fuel that is fabricated by Russian or Chinese
entities.\12\ While fully fabricated fuel from such sources is
not currently used by domestic nuclear power facilities, this
provision will provide a backstop authority to ensure domestic
fuel fabricators will not be subject to market manipulation by
foreign, state-sponsored entities. Section 102 requires the
Secretary of Energy and the Secretary of State to make a joint
determination whether possession of nuclear fuel that is
fabricated for commercial power reactors in Russia or China
poses a threat to the national security of the United States.
The Committee does not intend the ADVANCE Act to be interpreted
as an outright prohibition on such covered fuel, but the
Committee does intend to ensure that the potential use of
Russian or Chinese fabricated fuel is carefully considered on a
case-by-case basis.
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\12\ U.S. Department of Energy, Restoring America's Competitive
Nuclear Energy Advantage, https://www.energy.gov/sites/default/files/
2020/04/f74/
Restoring%20America%27s%20Competitive%20Nuclear%20Advantage_1.pdf.
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Section 103 requires the Commission to deny issuance of an
export license for certain nuclear material and technology to
countries that have not signed the International Atomic Energy
Agency (IAEA) safety and security protocols if the Commission
finds that transfer of such technology is inimical to United
States' national interests. The Committee does not intend to
establish a new standard that differs from the current
inimicality requirements under the Atomic Energy Act; rather it
intends only to reiterate the NRC's existing export approval
threshold. However, as the United States seeks to expand its
international cooperation to ensure the safe development of
civil nuclear energy, Federal agencies charged with executing
and overseeing non-proliferation polices must ensure that the
deployment of all nuclear technologies intended for peaceful
civilian power uses do not contribute to proliferation. To
assist Congress in understanding the extent and nature of
exports to those countries, the Commission must notify Congress
if the NRC determines that an export license for a covered item
to a covered country is not inimical to the common defense and
security of the United States. The Committee intends that the
Commission notify Congress promptly upon making such a
determination.
TITLE II--DEVELOPING AND DEPLOYING NEW NUCLEAR TECHNOLOGIES
Title II consists of targeted solutions to address certain
challenges associated with the licensing of advanced reactor
technology, the use of such technology in novel applications,
and the deployment of advanced reactors.
The Omnibus Reconciliation Act of 1990 (OBRA-90) directed
the NRC to recover approximately 90 percent of its annual
budget through fees charged to licensees and applicants.\13\
Congress revised OBRA-90's method to calculate the NRC's fee-
recovery requirements as part of the 2019 Nuclear Energy
Innovation and Modernization Act (NEIMA).\14\ NEIMA requires
the NRC to charge a fee for a thing of service or value; this
is done through developing a fee rate that is assessed and
collected on an hourly basis and charged under 10 C.F.R. Part
170.\15\ To calculate the total hourly rate, the NRC allocates
the total budgetary resources into three bins--mission-direct,
mission-indirect, and agency support. Those categories are then
applied to establish fees within certain business lines.\16\
The NRC's professional hourly rate under Part 170 for Fiscal
Year (FY) 2023 is $300 per hour.\17\
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\13\ Omnibus Reconciliation Act of 1990, Pub. L. 101-508, Title VI,
Subtitle B, 104. Stat. 1388-298 (November 5, 1990).
\14\ Nuclear Energy Innovation and Modernization Act, Pub. L. 115-
439, Title I, Sec. 102, 132 Stat. 5567 (Jan. 14, 2019).
\15\ The balance of NRC's fee-recovered budget is spread amongst
NRC licensees and paid as annual charges under 10 C.F.R. Sec. 171.
\16\ U.S. Nuclear Regulatory Commission, FY 2023 Final Fee Rule
Work Papers (May 15, 2023), https://www.nrc.gov/docs/ML2313/
ML23136A575.pdf.
\17\ Revision of Fee Schedules; Fee Recovery for Fiscal Year 2023,
88 Fed Reg 39,120 (June 15, 2023).
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Efficient license reviews depend on the quality of
interaction between the NRC staff and applicants, especially
when applicants submit designs for advanced reactors reliant on
novel safety features with which the industry has minimal
operating experience. The NRC also consistently encourages
robust pre-application engagement as a mechanism to improve NRC
staff familiarity with designs and the efficiency of eventual
license reviews. ADVANCE Act section 201 amends NEIMA's
existing fee-recovery requirements to reduce fees assessed to
advanced nuclear reactor applicants and pre-applicants. For
some nuclear energy vendors, especially those seeking to
license very small nuclear power systems, the current rate
under NEIMA is burdensome.\18\ The ADVANCE Act reduces the
total charges for advanced reactor applicants and pre-
applicants to just mission-direct costs. In other words, an
advanced reactor applicant would only pay for the costs of the
NRC staff that are directly reviewing the application, which
should result in higher quality engagement between an applicant
and NRC reviewers. That methodology would reduce the total
hourly rate from $300 per hour in FY 2023 to approximately
$145.\19\ The revised hourly rate calculation does not limit
Congress from modifying established budget control points in
future appropriations bills.
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\18\ Nuclear Innovation Alliance, Unlocking Advanced Nuclear
Innovation p. 17, https://www.nuclearinnovationalliance.org/unlocking-
advanced-nuclear-innovation-role-fee-reform-and-public-investment.
\19\ Id.
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To ensure that hourly fees not attributed to mission-direct
work are not simply shifted to other portions of the NRC's fee-
base, the ADVANCE Act excludes mission-indirect and agency
support costs from NEIMA's fee recovery requirements. The
Committee intends that the estimated projected costs for
mission-indirect and agency support costs are included in the
NRC's annual Congressional Budget Justification and are a
component of requested congressional appropriations.
The ADVANCE Act establishes a sunset date of September 30,
2029 for the reduced hourly rate for pre-applicants. This time
limitation is intended to encourage advanced nuclear companies
to prioritize resources to engage with the NRC in the near-term
to receive licenses for first-of-a-kind designs. A sunset date
also minimizes the need for additional congressional
appropriations in the long-term.
Section 202 authorizes a new Department of Energy (DOE)
prize program to reward first-mover advanced reactor
applicants. The prize program is intended to incentivize
advanced nuclear developers to dedicate additional private
capital funding and resources to deploy the first advanced
reactors and pave the way for subsequent reactor deployment.
The prize categories reflect the Committee's broad interest in
facilitating new nuclear energy technologies, including a
reactor for nonelectric applications, a reactor that reuses
spent nuclear fuel, and the first advanced reactor licensed
under the NRC's new technology-inclusive regulatory framework
known as Part 53. Under the prize eligibility requirements, an
entity may only be eligible to receive the prize once the
reactor is licensed and has received regulatory approval to
operate. The bill authorizes a total prize amount that equals
the total regulatory costs the eligible entity paid to the NRC
under NEIMA's fee-recovery requirements. Because section 201 of
the ADVANCE Act reduces the hourly rate charged under Part 170
for advanced reactor applicants, the Committee expects the
total prize amount will be lower than existing fee costs. This
will minimize the total impact on the DOE's total
appropriation. The manager's amendment adopted at the
Committee's markup clarifies that should the Tennessee Valley
Authority (TVA) receive a prize, the prize's funding would not
be subject to TVA-specific funding requirements. The ADVANCE
Act limits the award amount to costs that exceed existing
statutory cost-share requirements. Expenditures that are
necessary to meet those cost-share requirements are not
eligible to be counted towards the overall award amount to
ensure that the entity is not using prize funding to subsidize
its cost-share obligations. The Committee expects that the DOE
will implement the awards program under this section in
conjunction with, and, to the maximum extent practicable,
within the same organizational structure as, the Advanced
Nuclear Energy Licensing Cost-Share Grant Program.
In 2021, the industrial sector was the third largest source
of greenhouse gas emissions at approximately 23 percent of
total U.S. greenhouse gas emissions.\20\ Reducing emissions in
the industrial sector presents unique challenges compared with
decarbonization steps for the transportation or electric
sectors, but nuclear designs may present emissions-free
solutions.\21\ Section 203 directs the Commission to analyze
and report on the unique licensing and other requirements
associated with non-electric applications of nuclear reactors
to provide greater transparency on the regulatory issues
associated with the use of advanced nuclear technologies to
reduce industrial emissions. For example, the NRC may need to
consider a number of regulatory issues associated with co-
locating a licensed reactor with an industrial facility, such
as physical security or emergency preparedness.
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\20\U.S. Environmental Protection Agency, Sources of Greenhouse Gas
Emissions: Industry Sector Emissions, https://www.epa.gov/ghgemissions/
sources-greenhouse-gas-emissions#industry (last visited Jan. 29, 2024).
\21\See, e.g., U.S. Department of Energy, 3 Surprising Ways to Use
Nuclear Energy, https://www.energy.gov/ne/articles/3-surprising-ways-
use-nuclear-energy (last visited Jan. 29, 2024).
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Congress has previously directed the DOE and the Department
of Defense (DOD) to pursue the deployment of advanced nuclear
reactors on DOE and DOD sites.\22\ If the DOE and DOD determine
there is a national security or reliability need to construct
and operate a nuclear reactor on such a site, the NRC may
ultimately serve as the regulator. Under existing requirements,
Congress would appropriate money to one federal agency--the DOE
or DOD--which then would award such funding to a private entity
to work through the regulatory process with the NRC--another
federal agency. Each step of the funding process costs money to
manage and oversee. Thus, the dollar amount that is eventually
paid to the NRC in fees is far less than the original amount
appropriated to the DOE or DOD for that purpose. Section 204
reduces this inefficiency by providing a direct pathway for
Congress to appropriate money to the NRC for early site permit
work at a qualifying site. The limited portion of the total
licensing process that the NRC is authorized to undertake
subject to appropriations is intended to be a targeted
approach, still allowing the DOE and DOD to broadly fund other
licensing work, such as funding appropriated to the DOE's
licensing cost-share program established by the Nuclear Energy
Innovation and Capabilities Act (NEICA).\23\
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\22\See, e.g., John S. McCain National Defense Authorization Act
for Fiscal Year 2019, Pub. L. 115-232. Title III, Subtitle C, Sec. 327,
132 Stat. 1721 (Aug. 13, 2018).
\23\Nuclear Energy Innovation and Capabilities Act of 2017, Pub. L.
115-248, Sec. 3, 132 Stat. 3160 (Sept. 28, 2018).
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Nuclear fusion has the potential to provide safe, clean
baseload energy needed to power our cities and industries,
while generating important economic and national security
benefits. The pace of innovation in fusion has dramatically
accelerated over the last decade, with the United States at the
forefront. Currently, there are more than a dozen private
sector companies seeking to commercialize fusion energy in the
near term, and many of these companies are vying to demonstrate
net energy and net electricity production by the middle of the
decade. Further, leading scientists from around the world have
determined that fusion does not pose safety concerns similar to
fission.\24\ Unlike fission, fusion does not use or generate
fissile material, raises minimal proliferation concerns, and
systems can be turned off on demand. The Commission unanimously
voted to direct the regulation of fusion energy systems under
the NRC's byproduct materials framework (10 C.F.R. Parts 30-
37).\25\ Section 205 clarifies that this regulatory framework
should be established on a separate path from the NRC's current
efforts associated with the technology-inclusive framework for
nuclear fission.
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\24\See, e.g., National Academies of Sciences, Bringing Fusion to
the U.S. Grid, at 42 (2021), https://nap.nationalacademies.org/catalog/
25991/bringing-fusion-to-the-us-grid (``Fusion power plants cannot have
a chain reaction. As a result, safety issues associated with fusion are
different from those associated with fission reactors . . . .''); U.K.
Atomic Energy Authority, Technology Report--Safety and Waste Aspects
for Fusion Power Plants (Sept. 2021), https://
scientific-publications.ukaea.uk/wp-content/uploads/UKAEA-RE2101-
Fusion-Technology-Report-Issue-1.pdf.
\25\Nuclear Regulatory Commission, Staff Requirements--SECY-23-
0001--Options for Licensing and Regulating Fusion Energy Systems (Apr.
13, 2023), https://www.nrc.gov/docs/ML2310/ML23103A449.pdf.
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Electric utilities, states, and communities are examining
options to site nuclear facilities on brownfield sites or sites
with retiring fossil-fuel energy plants to achieve emissions-
reduction goals and provide dispatchable, baseload electricity.
The DOE has investigated the potential for the reuse of such
sites in ways that leverage existing energy infrastructure at
coal plants while delivering economic and environmental
benefits to communities impacted by the energy transition.\26\
The NRC does not have experience licensing reactors on
brownfield sites. Section 206 of the ADVANCE Act instructs the
NRC to consider the legal and regulatory implications of co-
locating advanced reactors at former fossil energy and
brownfields sites and to include any potential interagency
coordination needed to perform effective and efficient
environmental reviews. The Commission should assess the
potential site characteristics that could be utilized to
expedite the safe licensing of a facility on a brownfield site,
such as considering previously completed environmental
documents and data, as well as addressing issues that could be
problematic, such as increased background radiation associated
with coal ash ponds or how liability issues may need to be
addressed. The Committee intends that information gathered
during the development of the Commission's report will serve as
a roadmap to utilize brownfield sites. The NRC is subsequently
directed to update appropriate strategies and regulations to
enable the timely licensing review for utilization and
production facilities at brownfield and retired fossil-fuel
sites.
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\26\ U.S. Department of Energy, Investigating Benefits and
Challenges of Converting Retiring Coal Plants into Nuclear Plants
https://fuelcycleoptions.inl.gov/SiteAssets/SitePages/Home/
C2N2022Report.pdf.
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As certain states that have traditionally relied on fossil-
fuel energy sources look to replace retiring electric
generation, nuclear energy is of growing interest. For example,
in 2017, Kentucky lifted its moratorium on nuclear power
plants, and in 2022, West Virginia similarly eliminated its
longstanding prohibition. Other states in the Appalachian
Regional Commission's footprint are considering ways to
facilitate coal-to-nuclear replacement projects.\27\ Section
207 intends to help to build technical capability for states
that do not have significant experience with nuclear energy. It
is intended to assist entities by engaging with the NRC to
understand how the NRC licenses, regulates, and oversees
nuclear facilities.
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\27\See, e.g., World Nuclear News, Maryland and X-energy to Examine
Coal-to-Nuclear Switch (June 15, 2022), https://www.world-nuclear-
news.org/Articles/Maryland-and-X-energy-to-study-coal-to-nuclear-swi.
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TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION
The global nuclear energy market has transformed since many
of America's civil nuclear energy bedrock laws were enacted.
For example, at the outset of the commercial nuclear age and
prior to the development of a globally integrated market that
exists today, Congress codified a policy to prohibit meaningful
foreign participation in America's nuclear energy market.\28\
This policy restricts the NRC from licensing a nuclear reactor
that is owned by a foreign entity, regardless of the country.
This restriction prevents the United States' closest allies
from operating commercial nuclear power plants, limiting long-
term energy security and national security geostrategic
relationships. Section 301 of the ADVANCE Act modifies this
legacy policy.\29\ The bill removes the blanket prohibition on
the NRC from issuing a license to an entity that is owned,
controlled, or dominated by an alien, foreign corporation, or
foreign government. The bill lifts the blanket ban with regard
to entities from countries belonging to the Organization for
Economic Co-operation and Development (OECD) and the Republic
of India.
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\28\Atomic Energy Act of 1954 Sec. 103(d), 42 U.S.C. Sec. 2133(d).
\29\For more information, see Matt Bowen, Columbia University
Center on Global Policy, Strengthening Nuclear Energy Cooperation
Between the United States and Its Allies (July 2020), https://
www.energypolicy.columbia.edu/wp-content/uploads/2020/07/
NuclearAllies_CGEP-
Report_111522.pdf.
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While section 301 lifts the outright moratorium for
entities from those countries, it does not require the NRC to
issue a license to such entities and preserves a full, robust
Executive Branch review. For example, the ADVANCE Act does not
eliminate a review from the Committee on Foreign Investment in
the United States. Under the revised provision, the Commission
must still determine if issuing a license is inimical to the
interests of the United States. The Commission should interpret
the phrase ``owned, controlled, or dominated'' with respect to
a foreign entity to mean that the final parent entity that has
ultimate and final decision-making control over the applicant,
notwithstanding any intermediate entities between the applicant
and the final parent entity.
Title III also extends the financial protection and
backstop financial indemnification policy for nuclear power
licensees, known as the ``Price-Anderson Act'' (PAA),\30\ first
established in 1957. Prior to receiving a license to operate a
nuclear power reactor, the applicant must demonstrate that it
has the necessary insurance liability coverage to meet the PAA
requirements. If Congress does not extend the PAA beyond the
current expiration on December 31, 2025,\31\ licensing of
advanced reactors would be imperiled. Therefore, the ADVANCE
Act extends this liability protection by 20 years.
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\30\42 U.S.C. Sec. 2210.
\31\Congress extended PAA coverage to December 31, 2025 in the
Energy Policy Act of 2005.
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TITLE IV--NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND
WORKFORCE
Title IV introduces policies to modernize elements of the
nuclear fuel cycle and address issues across the supply chain
for advanced reactors.
Due to a lack of new nuclear reactors deployed in the past
30 years, the nuclear industry has not adopted or utilized new
manufacturing and construction techniques that are widely
prevalent in other industries. Advances in manufacturing and
construction processes hold the potential to reduce deployment
costs and timelines, improve reactor assembly flexibility, and
increase safety.\32\ For example, Oak Ridge National Laboratory
demonstrated a new 3D printing process that could manufacture
materials for use in a nuclear reactor.\33\ The lack of nuclear
construction has also negatively impacted the nuclear supply
chain. However, the codes and standards that are used for other
major infrastructure projects, such as the American Petroleum
Institute specifications for the design, sourcing, and
manufacture of safety-critical equipment or the American
National Standards Institute's ISO 9001 standard,\34\ could
also be used in the nuclear industry. This would increase the
number of eligible component manufacturers and suppliers,
reduce costs, increase schedule certainty, leverage best
practices across related industries, and maintain safety.
Section 401 of the ADVANCE Act directs the NRC to consider
unique licensing issues or requirements for the use of advanced
manufacturing processes and advanced construction techniques.
The Committee intends for the NRC to survey and identify non-
nuclear codes and standards that could be adopted to enable the
deployment of advanced reactors. The report should also update
the Committee on work related to factory production of reactor
modules, including the utilization of manufacturing licenses,
licensing considerations for initial fuel loading of reactor
modules in a factory setting, and the transfer of fueled
reactor modules between licensees. The NRC should consider
manufacturing and construction issues associated with fusion
reactors, which are included in NEIMA's definition of advanced
reactors, as part of the report.
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\32\See, e.g., Joseph Simon, Oak Ridge National Laboratory,
Additive Manufacturing to Nuclear Reactor Core Components at 1 (May 31,
2019), https://info.ornl.gov/sites/publications/Files/Pub126700.pdf.
\33\U.S. Department of Energy, BWXT and ORNL Demonstrate New 3d
Printing Process for High Temperature Materials, https://
www.energy.gov/ne/articles/bwxt-and-ornl-demonstrate-new-3d-printing-
process-high-temperature-materials (last visited Jan. 31, 2024).
\34\American Petroleum Institute, API Standards: International
Usage and Deployment, https://www.api.org/-/media/apiwebsite/products-
and-services/api-international-usage-and-deployment-report-2022.pdf;
American National Standards Institute, ISO 9001: 20015 Quality
Management Systems Standard (Feb. 10, 2020), https://blog.ansi.org/iso-
9001-2015-quality-management-standard/
?_gl=1*11kpiel*_gcl_au*MjAwNjU1OTIwOS4xNzA2NjMwOTE5.
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A strong and safe domestic nuclear energy sector also
requires a competent well-trained workforce. Nuclear energy
advocates have identified the need to grow the nuclear
workforce as a critical step to facilitate a robust nuclear
supply chain.\35\ To help achieve this goal, the ADVANCE Act
creates a subprogram under the NRC's existing University
Nuclear Leadership Program (UNLP) to require the NRC to
coordinate with institutions of higher learning and trade
schools to anticipate and meet critical nuclear workforce
needs. While the bill provides additional direction and
responsibilities to the Commission, the Committee does not
intend for this provision to weaken or dilute NRC's existing
UNLP programs.
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\35\See, e.g., Alan Ahn and Ryan Norman, Third Way, Revitalizing
America's Nuclear Energy Supply Chain (May 25, 2022), https://
www.thirdway.org/blog/revitalizing-americas-nuclear-
energy-supply-chain.
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The federal government has not fulfilled its legal
obligations to take title to and dispose of commercial spent
nuclear fuel and high-level waste. The data required in section
404 will help Congress better understand the DOE's ongoing
costs and liabilities associated with nuclear waste management
and better inform future nuclear waste policy decisions.
Section 405 of the ADVANCE Act authorizes the EPA
Administrator to create a parallel structure to the EPA's
Superfund authorities to prioritize remediation of contaminated
sites on Tribal land. The Committee intends for the EPA to
prioritize Navajo Nation sites contaminated by legacy uranium
mining undertaken as a result of contracts with the Atomic
Energy Commission (AEC) to support the United States' atomic
energy defense programs.\36\ However, the section does not
prohibit the EPA Administrator from using this authority for
similar sites that meet the criteria established under this
section. The number of contaminated uranium sites on Tribal
land are significant and will require substantial resources to
mitigate potential ongoing damage to Tribal members' health and
economic wellbeing. The EPA is encouraged to prioritize site
remediation activities that will make significant improvements
to protect public health and the environment. The Committee
encourages the EPA to utilize new technologies that can
remediate these sites in a more efficient and cost-effective
manner.
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\36\ U.S. Environmental Protection Agency et al., Ten Year Plan:
Federal Actions to Address Impacts of Uranium Contamination on the
Navajo Nation 2020-2029, https://www.epa.gov/sites/default/files/2021-
02/documents/nnaum-ten-year-plan-2021-01.pdf.
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The Committee recognizes the initial successes of the
research coordination for advanced reactor demonstrations
between the NRC and DOE implemented under NEICA. This framework
served as a model for section 406 of the ADVANCE Act, which
aims to enhance interagency coordination between the NRC and
DOE relating to the development and qualification of new fuel
technologies, including accident tolerant fuels. Providing
opportunities for direct observation of DOE research activities
under this arrangement has delivered significant benefits to
both DOE researchers and the NRC staff.\37\ The Committee
intends that the advanced nuclear fuel initiative established
pursuant to section 405 will reduce the length of time and
streamline the process to qualify and license advanced nuclear
fuels.
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\37\ See, e.g. Ashley Finan, Idaho National Laboratory, National
Reactor Innovation Center Advance Construction Technology Initiative
(Mar. 16, 2023), https://www.nrc.gov/docs/ML2305/ML23055B142.pdf.
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TITLE V--IMPROVING COMMISSION EFFICIENCY
Competent, highly qualified, and specialized staff are
critical for the NRC to fulfill its mission. Recent reports
have consistently identified staff hiring and retention issues
as a major challenge for the agency to efficiently license and
regulate nuclear material.\38\ Workforce challenges have also
been identified as a potential hurdle to enable the deployment
of advanced nuclear reactors.\39\
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\38\ See, e.g., Hearing on the Oversight of NRC: Ensuring Efficient
and Predictable Nuclear Safety Regulation for a Prosperous America:
Hearing Before the House Energy and Commerce Subcommittee on Energy,
Climate, and Grid Security., 118th Cong. (June 14, 2023) (Mr. Veasey,
``So, what additional support does the NRC need from Congress to aid
the effective and efficient review of advanced reactor technologies?''
Chair Hanson, ``Congressman, I guess I would kind of focus on two
things. One is just additional hiring authorities so we have got that
flexibility in the way we bring people on. It is not to say that we
need a lot more people, necessarily. I have--I think I have been pretty
consistent in saying that we both need to bring new people into the
agency and also change the way we work.'')
\39\ U.S. Government Accountability Office, Nuclear Power: NRC
Needs to Take Additional Actions to Prepare to License Advanced
Reactors at 24-27 (July 2023), https://www.gao.gov/assets/
d23105997.pdf.
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Congress has long recognized the need for specialized
expertise to license and regulate the civilian use of
radioactive materials. Section 161d of the Atomic Energy Act
provided the AEC--the NRC's and DOE's predecessor agency--with
authority to ``appoint and fix the compensation of such
officers and employees as may be necessary to carry out the
functions of the Commission, and that such authority may be
made without regard to civil service laws as the Commission
deemed such action necessary to the discharge of its
responsibilities.''\40\ This authority, carried forward through
the Energy Reorganization Act of 1974's separation of the
regulatory responsibilities to the NRC and DOE's promotional
role, allows the NRC to use its personnel authorities outside
of Office of Personnel Management requirements. However, the
NRC's recent persistent staffing challenges make clear that the
NRC's use of this authority has been inadequate.
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\40\Atomic Energy Act of 1954 Sec. 161(d).
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To address this challenge, the ADVANCE Act provides
specific hiring authority to the NRC to onboard highly
specialized individuals and well-qualified candidates to meet
the workforce needs of the Commission. This section also
authorizes the Commission to offer competitive salaries and
bonuses to target and attract the specific technical
competencies required for mission critical activities. The new
direct hire authority and nuclear energy traineeship program
aim to bolster recruitment efforts already underway at the NRC.
Offering competitive compensation and benefits, as well as
further development of the Nuclear Regulator Apprenticeship
Network, will help attract highly skilled workers to carry out
the agency's important work now and into the future.
The Reorganization Plan No. 1 of 1980 directs the Chairman
to delegate to the Executive Director for Operations (EDO)
general oversight and management of the NRC staff under the
Chairman's ``direction and supervision.''\41\ Consistent with
this existing authority, section 501(f) directs the Chairman to
delegate the use of the hiring and compensation authority. The
Committee expects the Chairman will be ultimately responsible
for how this additional authority is executed. Further, the
Committee intends that, consistent with the Reorganization
Plan, the Chairman and the EDO will keep the Commission fully
and currently informed with regard to the use of the hiring and
compensation authorities provided under section 501.
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\41\Reorganization Plan No. 1 of 1980, 45 Fed. Reg. 40,561 (June
16, 1980).
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As noted in section 501(b)(3)(C), the Committee intends
that the NRC utilize the additional hiring authority to recruit
highly specialized or exceptionally well-qualified individuals
for all levels of NRC staffing--not just senior-level
positions. Integrating new staff throughout different offices
and at various levels should strengthen the NRC's overall
organizational health. The new authority is not limited to the
hiring and compensation authorities' specifically listed
positions, but the Committee intends that positions filled
under this section are associated with the fulfilling of the
licensing and regulatory oversight mission of the Commission.
It is the Committee's expectation that specific projects,
potentially first-of-a-kind reactor designs or reviews that may
require additional attention due to critical public interest,
would be good candidates to use the term-limited appointments.
Annual budget requirements imposed by NEIMA have limited
the NRC's ability to quickly adapt to shifting workforce needs
and to modernize its information technology infrastructure.\42\
To address these challenges, the ADVANCE Act amends the
limitations on corporate support costs to give more flexibility
to the NRC to fund initiatives that provide indirect benefits
to the agency's mission critical activities. Section 502 amends
the corporate support spending caps and definition under NEIMA
by limiting the cap to 30 percent of the NRC's annual budget
and removing certain activities from the calculation of
corporate support costs.
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\42\U.S. Nuclear Regulatory Commission, Nuclear Energy Innovation
and Modernization Act (NEIMA)--Implementation, Impacts, and
Recommendations for Improvement of the U.S. Nuclear Regulatory
Commission's Annual Budget Justification; Fees and Charges; Performance
and Reporting; and Accurate Invoicing p. 6-8, https://www.nrc.gov/docs/
ML2123/ML21237A033.pdf.
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The Committee is concerned that the Commission did not
consistently meet previously established corporate support
limitations.\43\ Based on projected growth in licensing
activities, the Committee expects the Commission's budget
authority will grow in coming years. Revising the cap to 30
percent should assist the agency in near-term budget
allocation. Because the cap is set as a proportion of total
budget authority, if the increase in licensing and regulatory
work materializes as expected, the Commission should strictly
adhere to this revised cap.
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\43\In FY24, NRC's corporate support was approximately 30.2 percent
of total budget authority. In FY23, corporate support was approximately
31 percent of total budget authority. In FY22 corporate support was
approximately 30 percent of total budget authority and FY22 was the
only year NRC reached the NEIMA cap. In FY21, corporate support was
approximately 31 percent of total budget authority.
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Section 102(c) of NEIMA directed the Commission to develop
performance metrics and milestone schedules for requested
activities of the Commission. Since the required generic
schedules were established on July 16, 2019, the NRC has not
modified a single generic milestone. Additionally, according to
the NRC, these generic milestone schedules are achieved for
nearly every licensing action.\44\ Section 503 of the ADVANCE
Act requires the Commission to periodically review previously
established metrics and milestones to be as reasonably
efficient as possible. The Committee intends for the updated
metrics and milestones to be more ambitious than the existing
timeframes. Generic milestones and metrics that are reached
nearly 100 percent of the time should not be characterized as
``as reasonably efficient as possible.''
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\44\See U.S. Nuclear Regulatory Commission, supra note 2, at 28,
29.
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TITLE VI--MISCELLANEOUS
Title VI creates a grant program through the U.S.
Department of Commerce's Economic Development Administration to
provide economic development assistance and funding for
community advisory panels in communities affected by a nuclear
power plant closure. These communities suffer significant
financial and economic impacts through the loss of tax revenue
and jobs following plant closures.\45\ Furthermore, these
communities currently bear the responsibility of hosting spent
nuclear fuel storage facilities in the absence of action by the
Federal government to provide for consolidated storage or
permanent disposal.
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\45\See, for example, A Legislative Hearing to Examine S. 2372, The
American Nuclear Infrastructure Act of 2021, and S. 190, the Stranded
Act of 2021: Hearing Before the S. Comm. on Environment and Public
Works., 117th Cong. (February 9, 2022) (testimony of Mayor David
Knabel), https://www.epw.senate.gov/public/index.cfm/
hearings?ID=CE32DD15-15E1-4729-94FD-FF1D7250D836.
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Objectives of the Legislation
The objectives of S. 1111, the ADVANCE Act, are to enable
the development and deployment of nuclear energy technologies
to support the nation's energy needs with reliable and diverse
electric generation, and to reduce emissions. The bill seeks
to: enhance United States global leadership in nuclear energy;
encourage deployment of new nuclear energy technologies; help
preserve the existing domestic fleet of nuclear power plants;
strengthen the domestic nuclear fuel cycle and supply chain
infrastructure; fund environmental cleanup of legacy abandoned
mining sites on Tribal lands; and improve Nuclear Regulatory
Commission (NRC) performance and workforce capacity.
Section-by-Section Analysis
SECTION 1. SHORT TITLE; TABLE OF CONTENTS
Sec. 1. Short title; table of contents
This section gives the Act the short title of the
``Accelerating Deployment of Versatile, Advanced Nuclear for
Clean Energy Act of 2023'' or ``ADVANCE Act of 2023'' and
provides the table of contents.
Sec. 2. Definitions
This section defines the terms used in this Act.
TITLE I--AMERICAN NUCLEAR LEADERSHIP
Sec. 101. International nuclear reactor export and innovation
activities
This section requires the Nuclear Regulatory Commission
(Commission) to coordinate all work of the Commission relating
to: (1) nuclear reactor import and export licensing; and (2)
international regulatory cooperation and assistance relating to
nuclear reactors.
The Commission must also coordinate international
activities with respect to the establishment of: (1) certain
technical standards; (2) nuclear regulatory organizations and
legal frameworks; and (3) exchange programs and training to
other countries. The section further provides that the
Commission's fee recovery requirements do not apply to these
activities.
The Commission is authorized to establish the International
Nuclear Reactor Export and Innovation Branch within the
Commission's Office of International Programs.
Sec. 102. Denials of certain domestic licenses for national security
purposes
This section defines ``covered fuel'' as enriched uranium
that is fabricated into fuel assemblies by an entity that is:
(1) owned or controlled by Russia or China; or (2) organized
under the laws of Russia or China. The section prohibits the
possession or ownership of covered fuel, unless the Commission
specifically authorizes such possession or ownership.
This section also directs the Commission to notify the
Secretary of Energy and Secretary of State within 30 days of
receipt of an application to possess or own covered fuel. The
Commission may not issue a license if the Secretary of Energy
and Secretary of State jointly determine, within 180 days, that
possession or ownership of covered fuel poses a threat to the
national security of the United States.
Sec. 103. Export license requirements
This section ensures advanced nuclear technologies approved
for export are in compliance with nonproliferation standards.
Sec. 104. Coordinated international engagement
This section requires the Secretary of Commerce and
Secretary of Energy to establish an initiative to modernize
civil nuclear outreach to embarking civil nuclear energy
nations. Qualifying nations are nations that do not have a
civil nuclear program, are developing or expanding a civil
nuclear program, or are pursuing the development of advanced
nuclear reactor technology, and which are not listed in this
section as excluded from the qualification.
The initiative requires the Secretary of Commerce to: (1)
coordinate outreach to the private investment community to
create public-private financing relationships to help to export
civil nuclear technology to embarking civil nuclear energy
nations; (2) coordinate the work of the Executive Branch; and
(3) improve the regulatory framework for exporting and
importing of items under the jurisdiction of the Secretary of
Commerce.
The initiative requires the Secretary of Energy to: (1)
assist nongovernmental organizations and Federal agencies to
provide education and training to foreign governments for
nuclear safety, security and safeguards; (2) assist the
International Atomic Energy Agency to expand support to
embarking civil nuclear energy nations for nuclear safety,
security, and safeguards; and (3) assist U.S. nuclear energy
companies to integrate security and safeguards into their
international outreach.
TITLE II--DEVELOPING AND DEPLOYING NEW NUCLEAR TECHNOLOGIES
Sec. 201. Fees for advanced nuclear reactor application review
This section amends the Nuclear Energy Innovation and
Modernization Act to set a specific rate for fees assessed and
charged to an entity that has: (1) submitted to the Commission
a license application for an advanced nuclear reactor; or (2)
submitted to the Commission a licensing project plan describing
pre-application activities for a future license application for
an advanced nuclear reactor. The revised rate for pre-
application activities sunsets on September 30, 2029.
The rate equals the hourly rate calculated by the
Commission for mission-direct program salaries and benefits for
the nuclear reactor safety program. Mission-indirect program
support and agency support expenses that would otherwise be
charged to the applicant are excluded from the Commission's fee
recovery requirements.
Sec. 202. Advanced nuclear reactor prizes
This section authorizes the Secretary of Energy to award a
prize in an amount equal to the fees assessed by the Commission
for activities related to the review and approval of the first
operating license or combined operating license with a finding
issued pursuant to 10 C.F.R. 52.103g for an advanced nuclear
reactor issued to a non-Federal entity or the Tennessee Valley
Authority.
The Secretary is authorized to make additional awards for
the first advanced reactor that: (1) uses isotopes derived from
spent nuclear fuel as fuel for the reactor; (2) is part of a
nuclear integrated energy system; (3) is used for nonelectric
application; or (4) is licensed under the new technology-
inclusive regulatory framework required by the Nuclear Energy
Innovation and Modernization Act.
An eligible entity that receives an award is not required
to repay that award or pay a dividend or interest on the award.
Sec. 203. Report on unique licensing considerations relating to the use
of nuclear energy for nonelectric applications
This section directs the Commission to submit a report to
Congress, not later than nine months after the date of
enactment, identifying unique licensing issues or requirements
related to the: (1) flexible operation of nuclear reactors; (2)
use of nuclear reactors for nonelectric applications; and (3)
colocation of nuclear reactors with industrial plants or other
facilities.
Nonelectric applications include hydrogen or other liquid
and gaseous fuel or chemical production; water desalination and
wastewater treatment; heat for industrial processes; district
heating; energy storage; industrial or medical isotope
production; and other applications identified by the
Commission.
Sec. 204. Enabling preparations for the demonstration of advanced
nuclear reactors on Department of Energy sites or critical
national security infrastructure sites
This section provides that the Commission's fee recovery
requirements do not apply to costs of pre-application
proceedings relating to an early site permit or the review of
an early site permit associated with advanced nuclear reactor
demonstrations to be located on DOE or critical national
security infrastructure sites.
Sec. 205. Clarification on fusion regulation
This section amends the Nuclear Energy Innovation and
Modernization Act to exclude fusion reactors from the
technology-inclusive regulatory framework for advanced nuclear
fission reactors.
Sec. 206. Regulatory issues for nuclear facilities at brownfield sites
This section directs the Commission to identify and report
on regulations, guidance, or policy necessary to license and
oversee nuclear facilities at brownfield sites, including sites
with retired fossil fuel facilities. The Commission must
consider how existing site infrastructure can be reused and how
early site permits, plant parameter envelopes, or standardized
applications for similar sites may be used in licensing nuclear
facilities at brownfield sites.
The Commission must also develop and implement strategies
or initiate a rulemaking to enable and support the licensing of
nuclear facilities at brownfield sites. The Commission shall
consider: existing site infrastructure; existing emergency
preparedness organizations and planning; the availability of
historical site-specific environmental data; previously
approved environmental reviews; potential decommissioning
activities; and community engagement and experience with energy
production.
Sec. 207. Appalachian Regional Commission nuclear energy development
This section authorizes the Appalachian Regional Commission
to provide assistance to individuals or entities in the
Appalachian region to: (1) conduct research to support siting,
constructing, and operating a nuclear facility at a brownfield
site; (2) assist with workforce training or retraining for a
nuclear facility at a brownfield site; and (3) engage with the
Commission, the DOE, and other Federal agencies.
This section authorizes $5 million per year for fiscal
years 2023 through 2026 to carry out this program.
TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION
Sec. 301. Investment by allies
This section allows certain foreign entities to receive a
license described in sections 103(d) or 104(d) of the Atomic
Energy Act of 1954 for a nuclear utilization facility if the
Commission determines that issuing such license is not inimical
to the common defense and security or the health and safety of
the public. This section applies to: (1) an entity that is
owned, controlled, or dominated by the Republic of India or a
government of a country that is a member of Organisation for
Economic Co-operation and Development on the date of enactment;
(2) a corporation that is incorporated in those countries; or
(3) an alien who is a national of those countries.
An entity that has been subject to sanctions under the
Countering America's Adversaries Through Sanctions Act is still
subject to the existing licensing prohibition.
Sec. 302. Extension of the Price-Anderson Act
This section extends section 170 of the Atomic Energy Act
of 1954, commonly known as the Price-Anderson Act, from the
current expiration date of December 31, 2025, to December 31,
2045.
TITLE IV--NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND
WORKFORCE
Sec. 401. Report on advanced methods of manufacturing and construction
for nuclear energy applications
This section directs the Commission to submit a report to
Congress, not later than 180 days after the date of enactment,
on licensing and safety issues for innovative nuclear energy
applications related to manufacturing and construction.
Sec. 402. Nuclear energy traineeship
This section establishes a new traineeship subprogram under
the University Nuclear Leadership Program to provide focused
training to meet critical mission needs of the Commission and
other nuclear workforce needs relating to nuclear safety and
tradecraft.
Sec. 403. Report on Commission readiness and capacity to license
additional conversion and enrichment capacity to reduce
reliance on uranium from Russia
This section directs the Commission to submit a report to
Congress, not later than 180 days after the date of enactment,
on the readiness and capacity of the Commission to license
additional conversion and enrichment capacity and fuel cycle
facilities to reduce reliance on Russian nuclear fuel.
The report must analyze how the Commission's capacity to
license additional conversion and enrichment capabilities at
new and existing fuel cycle facilities may restrict the
Commission's readiness to review advanced nuclear reactor
applications.
Sec. 404. Annual report on the spent nuclear fuel and high-level
radioactive waste inventory in the United States
This section directs the Secretary of Energy to annually
submit a report to Congress that describes the annual and
cumulative payments made by the United States to the holder of
a standard contract due to a partial breach of the contract
under the Nuclear Waste Policy Act of 1982\46\ resulting in
financial damages to the holder. The report must also quantify
the amount spent to reduce projected legal payments, account
for actions taken in the prior fiscal year with respect to
interim storage, and describe activities to develop and deploy
technologies and fuels that enhance the safe transportation and
storage of spent nuclear fuel and high-level radioactive waste.
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\46\42 U.S.C. 10101 et seq.
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Sec. 405. Authorization of appropriations for superfund actions at
abandoned mining sites on Tribal land
This section authorizes appropriations for the
Administrator of the Environmental Protection Agency (EPA) to
conduct response actions, including removal and remedial
planning activities, studies and other actions taken pursuant
to Superfund authorities at abandoned mine land on Tribal land.
It also authorizes appropriations for the Administrator to
conduct remedial and removal actions under Superfund at
similarly located eligible non-National Priorities List sites
and sites listed on the National Priorities list. This section
also directs the Agency for Toxic Substances and Disease
Registry to perform health assessments at each eligible non-
National Priority List site located on Tribal land.
The Administrator may provide financial assistance to
Tribal governments and other specified Tribal entities. Grant
funds may be used for technical assistance or response actions.
The Administrator shall coordinate with any applicable
Indian Tribe when selecting and prioritizing sites and carrying
out response actions.
Sec. 406. Development, qualification, and licensing of advanced nuclear
fuel concepts
This section directs the Commission to establish an
initiative to enhance preparedness and coordination to qualify
and license advanced nuclear fuel.
The Commission must, within 180 days of enactment, enter
into a memorandum of understanding with the Secretary of Energy
to: (1) share technical expertise and knowledge to support the
testing and safety analysis of advanced nuclear fuel; and (2)
ensure that DOE and the Commission have sufficient technical
expertise and facilities to support the evaluation of
regulatory approval for advanced nuclear fuel.
The Commission must, within one year of enactment, submit a
report to Congress on the Commission's preparedness to review
and qualify advanced nuclear fuels, activities undertaken under
the memorandum of understanding, necessary research, and other
challenges or considerations with respect to advanced nuclear
fuels.
TITLE V--IMPROVING COMMISSION EFFICIENCY
Sec. 501. Commission workforce
This section authorizes the appointment, without regard to
the civil service laws, of up to 15 permanent positions for
fiscal year 2024 and 10 permanent positions for each fiscal
year thereafter with highly specialized scientific,
engineering, and technical competencies and 15 term-limited
positions for fiscal year 2024 and 10 term-limited positions
for each fiscal year thereafter for the same competencies. It
also authorizes the appointment of 15 permanent positions for
fiscal year 2024 and 10 permanent positions for each fiscal
year thereafter to be filled by exceptionally well-qualified
individuals necessary to fulfill the mission of the Commission
and 15 term-limited positions for fiscal year 2024 and 10 term-
limited positions for each fiscal year thereafter for the same
exceptionally well-qualified individuals. The positions
appointed under this section may receive hiring bonuses. The
hiring authority under this section is to be used to fill
entry, mid, and senior levels of positions to the extent
practicable.
This section also allows the Commission to establish and
fill positions compensated at the basic rate of pay equal to
level III of the Executive Schedule for up to 10 positions per
fiscal year, not to exceed 50 positions total, with highly
specialized scientific, engineering, and technical
competencies, and up to 10 positions per fiscal year, not to
exceed 50 positions total, to be filled by exceptionally well-
qualified individuals necessary to fulfill the mission of the
Commission. Employees who demonstrate exceptional performance
may receive a one-time performance bonus no less frequently
than once every six years.
In filling these positions and awarding the one-time
performance bonus, the Commission must follow the Merit Systems
Principles in section 2301 of title 5 of the United States Code
to the maximum extent practicable.
The Commission must delegate the authority under this
subsection to establish and fill positions to the Executive
Director for Operations, pursuant to the Reorganization Plan
No. 1 of 1980.
The Commission must annually report on the total number and
positions of persons appointed and compensated, including the
use of one-time performance bonuses, under the authority
provided in this section. The annual report must also include
an assessment of critical workforce needs, other skillsets
necessary for the Commission, and plans to assess, develop, and
implement staff performance standards, training procedures, and
schedules.
Not later than September 30, 2032, the Commission must
submit a report to Congress with the Commission's views on the
effectiveness of the authorities in this section and make
recommendations with respect to whether the authorities
provided should be continued, modified, or discontinued.
Section 502. Commission corporate support funding
This section directs the Commission to submit a report to
Congress, not later than three years after the date of
enactment, describing: (1) the Commission's implementation of
the budgetary authority caps for corporate support established
under section 102(a)(3) of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215(a)(3)); and (2) whether the
Commission is meeting and is expected to meet the total caps
under that section.
This section also freezes corporate support limitations at
30 percent and excludes costs associated with unused office
space or for salaries, travel, and support of the Office of the
Commission from the corporate support cost definition.
Section 503. Performance and reporting update
This section requires the Commission to periodically review
and assess performance metrics and milestone schedules. The
Commission must revise the metrics and schedules to be the most
efficient as is reasonably achievable.
TITLE VI --MISCELLANEOUS
Section 601. Nuclear closure communities
This section authorizes appropriations for the Secretary of
Commerce to establish a grant program to assist with economic
development and fund community advisory boards in communities
impacted by a nuclear power plant that, as of the date of
enactment, has ceased or plans to cease operations.
Sec. 602. Technical correction
This section makes a technical correction to the Atomic
Energy Act to permit the Commission to issue a license for a
research and test reactor if not more than 75 percent of the
annual costs to the licensee of owning and operating the
facility are devoted to the sale of non-energy services, energy
services, or a combination of non-energy services and energy
services.
Sec. 603. Report on engagement with the Government of Canada with
respect to nuclear waste issues in the Great Lakes Basin
This section requires the Commission to submit a report to
Congress describing any engagement between the Commission and
the Government of Canada with respect to nuclear waste issues
in the Great Lakes Basin.
Legislative History
On March 30, 2023, Senator Shelley Moore Capito, Ranking
Member of the Committee, introduced S. 1111, the Accelerating
Deployment of Versatile, Advanced Nuclear for Clean Energy Act
of 2023 (ADVANCE Act). Senator Tom Carper, Chair of the
Committee, Senator Whitehouse, and Senators Barrasso, Crapo,
Booker, Graham, Kelly, Risch, and Heinrich joined as original
cosponsors of the legislation. Additional cosponsors include
Committee members Senators Cardin, Lummis, Ricketts, Ranking
Member of the Committee's Subcommittee on Clean Air, Climate,
and Nuclear Safety, Cramer, and Wicker as well as non-Committee
members Senators Sinema, Coons, Warner, Gillibrand, and
Manchin.
Hearings
In the 117th Congress, the Committee held a legislative
hearing on February 9, 2022, entitled, ``A Legislative Haring
to Examine S. 2373, the American Nuclear Infrastructure Act of
2021, and S. 1290, the STRANDED Act of 2021.'' The purpose of
this hearing was to allow committee members to consider
stakeholder testimony regarding two pieces of legislation
within the Committee's jurisdiction related to nuclear energy
and materials. In the 116th Congress, the Committee on
Environment and Public Works held a legislative hearing on
August 5, 2020, entitled ``Hearing to Examine a Discussion
Draft Bill, S. _, American Nuclear Infrastructure Act of
2020.'' These hearings informed the development of the ADVANCE
Act.
Committee Consideration and Roll Call Votes
On May 31, 2023, the Committee met to consider S. 1111.
During the business meeting, the Committee approved by voice
vote with a quorum present an amendment in the nature of a
substitute offered by Chairman Carper and Ranking Member
Capito.
The Committee on Environment and Public Works reported the
bill, as amended, favorably by a roll call vote of 16 ayes and
3 nays. Voting in favor were Senators Carper, Capito, Cardin,
Whitehouse, Kelly, Padilla, Fetterman, Stabenow, Boozman,
Wicker, Graham, Ricketts, Lummis, Sullivan, Cramer, and Mullin.
Voting against were Senators Markey, Merkley, and Sanders.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that S. 1111
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(UMRA; Public Law 104-4), the Committee finds that S. 1111
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose costs on state, local, or
Tribal governments.
Cost of Legislation
The Congressional Budget Office estimate of the cost of S.
1111 has been requested but was not received at the time the
report was filed. When available, the Chairman will request
that it be printed in the Congressional Record for the advice
of the Senate.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
Nuclear Energy Innovation and Modernization Act
* * * * * * *
SECTION 1. [42 U.S.C. 2011 NOTE] SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.-- This Act may be cited as the ``Nuclear
Energy Innovation and Modernization Act''.
* * * * * * *
SEC. 3. [42 U.S.C. 2215 NOTE] DEFINITIONS.
In this Act:
(1) Advanced nuclear reactor.--* * *
* * * * * * *
(2) Advanced nuclear reactor applicant.--The term
`advanced nuclear reactor applicant' means an entity
that has submitted to the Commission an application to
receive a license for an advanced nuclear reactor under
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
[(2)] (3) Advanced nuclear reactor fuel.--The term
``advanced nuclear reactor fuel'' means fuel for use in
an advanced nuclear reactor or a research and test
reactor, including fuel with a low uranium enrichment
level of not greater than 20 percent.
(4) Advanced nuclear reactor pre-applicant.--The term
`advanced nuclear reactor pre-applicant' means an
entity that has submitted to the Commission a licensing
project plan for the purposes of submitting a future
application to receive a license for an advanced
nuclear reactor under the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.)
(5) Agency support.--The term `agency support' means
the resources of the Commission that are located in
executive, administrative, and other support offices of
the Commission, as described in the document of the
Commission entitled `FY 2022 Final Fee Rule Work
Papers' (or a successor document).
[(3)] (6) Agreement state.--The term ``Agreement
State'' means any State with which the Commission has
entered into an effective agreement under section 274
b. of the Atomic Energy Act of 1954 (42 U.S.C.
2021(b)).
[(4)] (7) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means the
Committee on Environment and Public Works of the Senate
and the Committee on Energy and Commerce of the House
of Representatives.
[(5)] (8) Commission.--The term ``Commission'' means
the Nuclear Regulatory Commission.
[(6)] (9) Conceptual design assessment.-- [The term]
(A) In general.--The term
(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.''.
``conceptual design assessment'' means an
early-stage review by the Commission that--
(A) assesses preliminary design information for
consistency with applicable regulatory requirements of
the Commission;
(B) is performed on a set of topic areas agreed to
in the licensing project plan; and
(C) is performed at a cost and schedule agreed to
in the licensing project plan.
[(7)] (10) Corporate support costs.--The term
``corporate support costs'' means expenditures for
acquisitions, administrative services, financial
management, human resource management, information
management, information technology, policy support,
outreach, and training, as those categories are
described and calculated in Appendix A of the
Congressional Budget Justification for Fiscal Year 2018
of the Commission.
(11) Hourly rate for mission-direct program salaries
and benefits for the nuclear reactor safety program.--
The term `hourly rate for mission-direct program
salaries and benefits for the Nuclear Reactor Safety
Program' means the quotient obtained by dividing--
(A) the full-time equivalent rate (within the
meaning of the document of the Commission entitled `FY
2022 Final Fee Rule Work Papers' (or a successor
document)) for mission-direct program salaries and
benefits for the Nuclear Reactor Safety Program (as
determined by the Commission) for a fiscal year; by
(B) the productive hours assumption for that fiscal
year, determined in accordance with the formula
established in the document referred to in subparagraph
(A) (or a successor document).
[(8)] (12) Licensing project plan.--The term
``licensing project plan'' means a plan that
describes--
(A) the interactions between an applicant and the
Commission; and
(B) project schedules and deliverables in specific
detail to support long-range resource planning
undertaken by the Commission and an applicant.
(13) Mission-direct program salaries and benefits for
the nuclear reactor safety program.--The term `mission-
direct program salaries and benefits for the Nuclear
Reactor Safety Program' means the resources of the
Commission that are allocated to the Nuclear Reactor
Safety Program (as determined by the Commission) to
perform core work activities committed to fulfilling
the mission of the Commission, as described in the
document of the Commission entitled `FY 2022 Final Fee
Rule Work Papers' (or a successor document).
(14) Mission-indirect program support.--The term
`mission-indirect program support' means the resources
of the Commission that support the core mission-direct
activities for the Nuclear Reactor Safety Program of
the Commission (as determined by the Commission), as
described in the document of the Commission entitled
`FY 2022 Final Fee Rule Work Papers' (or a successor
document).
[(9)] (15) Regulatory framework.-- The term
``regulatory framework'' means the framework for
reviewing requests for certifications, permits,
approvals, and licenses for nuclear reactors.
[(10)] (16) Requested activity of the commission.--
The term ``requested activity of the Commission''
means--
(A) the processing of applications for--
(i) design certifications or approvals;
(ii) licenses;
(iii) permits;
(iv) license amendments;
(v) license renewals;
(vi) certificates of compliance; and
(vii) power uprates; and
(B) any other activity requested by a licensee or
applicant.
[(11)] (17) Research and test reactor.--
(A) In general.-- The term ``research and test
reactor'' means a reactor that--
(i) falls within the licensing and related
regulatory authority of the Commission under
section 202 of the Energy Reorganization Act of
1974 (42 U.S.C. 5842); and
(ii) is useful in the conduct of research and
development activities as licensed under
section 104 c. of the Atomic Energy Act (42
U.S.C. 2134(c)).
(B) Exclusion.-- The term ``research and test
reactor'' does not include a commercial nuclear
reactor.
[(12)] (18) Secretary.--The term ``Secretary'' means
the Secretary of Energy.
[(13)] (19) Standard design approval.--The term
``standard design approval'' means the approval of a
final standard design or a major portion of a final
design standard as described in subpart E of part 52 of
title 10, Code of Federal Regulations (as in effect on
the date of enactment of this Act).
[(14)] (20) Technology-inclusive regulatory
framework.--The term ``technology-inclusive regulatory
framework'' means a regulatory framework developed
using methods of evaluation that are flexible and
practicable for application to a variety of reactor
technologies, including, where appropriate, the use of
risk-informed and performance-based techniques and
other tools and methods.
[(15)] (21) Topical report.--
SEC. 102. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES
FOR FISCAL YEAR 2021 AND EACH FISCAL YEAR
THEREAFTER.
(a) Annual Budget Justification.--
(1) In general.-- * * *
* * * * * * *
(3) Limitation on corporate support costs.--With
respect to the annual budget justification submitted to
Congress, corporate support costs, to the maximum
extent practicable, shall not exceed the following
percentages of the total budget authority of the
Commission requested in the annual budget
justification:
(A) 30 percent for each of fiscal years 2021 and
2022.
[(B) 29 percent for each of fiscal years 2023 and
2024.]
[(C) 28 percent for fiscal year 2025 and each
fiscal year thereafter.]
(B) 30 percent for fiscal year 2024 and each fiscal
year thereafter.
(4) International nuclear reactor export and
innovation activities.--The Commission shall identify
in the annual budget justification international
nuclear reactor export and innovation activities
described in section 101(a) of the ADVANCE Act of 2023.
* * * * * * *
(b) Fees and Charges.--
(1) Annual assessment.--
(A) In general.--* * *
* * * * * * *
(B) Excluded activities described.-- The activities
referred to in subparagraph (A)(ii) are the following:
(i) Any fee relief activity, as identified by
the Commission.
(ii) * * *
* * * * * * *
(iii) Costs for activities related to the
development of regulatory infrastructure for
advanced nuclear reactor technologies,
including activities required under section
103.
(iv) Costs for international nuclear reactor
export and innovation activities described in
section 101(a) of the ADVANCE Act of 2023.
(v) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(B), may not be included in the
hourly rate charged for fees assessed to
advanced nuclear reactor applicants.
[(vi) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(C), may not be included in the
hourly rate charged for fees assessed to
advanced nuclear reactor pre-applicants.]
(vi) Costs for--
(I) activities to review and approve
or disapprove an application for an
early site permit (as defined in
section 52.1 of title 10, Code of
Federal Regulations (or a successor
regulation)) to demonstrate an advanced
nuclear reactor on a Department of
Energy site or critical national
security infrastructure (as defined in
section 327(d) of the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1722)) site; and
(II) pre-application activities
relating to an early site permit (as
defined in section 52.1 of title 10,
Code of Federal Regulations (or a
successor regulation)) to demonstrate
an advanced nuclear reactor on a
Department of Energy site or critical
national security infrastructure (as
defined in section 327(d) of the John
S. McCain National Defense
Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1722))
site.
[(2) Fees for service or thing of value.--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.]
(2) Fees for service or thing of value.--
(A) In general.--In accordance with section 9701 of
title 31, United States Code, the Commission shall
assess and collect fees from any person who receives a
service or thing of value from the Commission to cover
the costs to the Commission of providing the service or
thing of value.
(B) Advanced nuclear reactor applicants.--The
hourly rate charged for fees assessed to advanced
nuclear reactor applicants under this paragraph
relating to the review of a submitted application
described in section 3(1) shall not exceed the hourly
rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program.
(C) Advanced nuclear reactor pre-applicants.--The
hourly rate charged for fees assessed to advanced
nuclear reactor pre-applicants under this paragraph
relating to the review of submitted materials as
described in the licensing project plan of an advanced
nuclear reactor pre-applicant shall not exceed the
hourly rate for mission-direct program salaries and
benefits for the Nuclear Reactor Safety Program.
(c) Performance and Reporting.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commission shall
develop for the requested activities of the
Commission--
(A) performance metrics; and
(B) milestone schedules.
(2) Delays in issuance of final safety evaluation.--
The Executive Director for Operations of the Commission
shall inform the Commission of a delay in issuance of
the final safety evaluation for a requested activity of
the Commission by the completion date required by the
performance metrics or milestone schedule under
paragraph (1) by not later than 30 days after the
completion date.
(3) Delays in issuance of final safety evaluation
exceeding [180] 90 days.--If the final safety
evaluation for the requested activity of the Commission
described in paragraph (2) is not completed by the date
that is [180]90 days after the completion date required
by the performance metrics or milestone schedule under
paragraph (1), the Commission shall submit to the
appropriate congressional committees a timely report
describing the delay, including a detailed explanation
accounting for the delay and a plan for timely
completion of the final safety evaluation.
(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.
* * * * * * *
(f) Effective Date.--Except as provided in subsection (c),
this section takes effect on October 1, 2020.
(g) Cessation of Effectiveness.--Paragraphs (1)(B)(vi) and
(2)(C) of subsection (b) shall cease to be effective on
September 30, 2029.
SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM.
(a) [42 U.S.C. 2133 note] Licensing.--
(1) Staged licensing.--* * *
* * * * * * *
(4) Technology-inclusive regulatory framework.--[Not
later]
(A) In general.--Not later than December 31, 2027,
the Commission shall complete a rulemaking to establish
a technology-inclusive, regulatory framework for
optional use by commercial advanced nuclear reactor
applicants for new reactor license applications.
(B) Exclusion of fusion reactors.--For purposes of
subparagraph (A), the term `advanced reactor applicant'
does not include an applicant seeking a license for a
fusion reactor.
(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.--An award under subparagraph
(A) shall be in an amount equal to the total amount
assessed by the Commission and collected under section
102(b)(2) from the eligible entity receiving the award
for costs relating to the issuance of the license
described in that subparagraph, including, as
applicable, costs relating to the issuance of an
associated construction permit described in section
50.23 of title 10, Code of Federal Regulations (or
successor regulations), or early site permit (as
defined in section 52.1 of that title (or successor
regulations)).
(C) Award categories.--An award under subparagraph
(A) may be made for--
(i) the first advanced nuclear reactor for
which the Commission--
(I) issues a license in accordance
with clause (i) of subparagraph (A); or
(II) makes a finding in accordance
with clause (ii) of that subparagraph;
(ii) an advanced nuclear reactor that--
(I) uses isotopes derived from spent
nuclear fuel (as defined in section 2
of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101)) or depleted uranium
as fuel for the advanced nuclear
reactor; and
(II) is the first advanced nuclear
reactor described in subclause (I) for
which the Commission--
(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
(bb) makes a finding in
accordance with clause (ii) of
that subparagraph;
(iii) an advanced nuclear reactor that--
(I) is a nuclear integrated energy
system--
(aa) that is composed of 2 or
more co-located or jointly
operated subsystems of energy
generation, energy storage, or
other technologies;
(bb) in which not fewer than
1 subsystem described in item
(aa) is a nuclear energy
system; and
(cc) the purpose of which
is--
(AA) to reduce
greenhouse gas
emissions in both the
power and nonpower
sectors; and
(BB) to maximize
energy production and
efficiency; and
(II) is the first advanced nuclear
reactor described in subclause (I) for
which the Commission--
(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
(bb) makes a finding in
accordance with clause (ii) of
that subparagraph;
(iv) an advanced reactor that--
(I) operates flexibly to generate
electricity or high temperature process
heat for nonelectric applications; and
(II) is the first advanced nuclear
reactor described in subclause (I) for
which the Commission--
(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
(bb) makes a finding in
accordance with clause (ii) of
that subparagraph; and
(v) the first advanced nuclear reactor for
which the Commission grants approval to load
nuclear fuel pursuant to the technology-
inclusive regulatory framework established
under subsection (a)(4).
(3) Federal funding limitations.--
(A) Exclusion of tva funds.--In this paragraph, the
term `Federal funds' does not include funds received
under the power program of the Tennessee Valley
Authority.
(B) Limitation on amounts expended.--An award under
this subsection shall not exceed the total amount
expended (excluding any expenditures made with Federal
funds received for the applicable project and an amount
equal to the minimum cost-share required under section
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352))
by the eligible entity receiving the award for
licensing costs relating to the project for which the
award is made.
(C) Repayment and dividends not required.--
Notwithstanding section 9104(a)(4) of title 31, United
States Code, or any other provision of law, an eligible
entity that receives an award under this subsection
shall not be required--
(i) to repay that award or any part of that
award; or
(ii) to pay a dividend, interest, or other
similar payment based on the sum of that award.
* * * * * * *
CH. 145--REGULATORY MEASUREMENT
TITLE 46--[SHIPPING]
* * * * * * *
Subtitle II--[VESSELS AND SEAMEN]
* * * * * * *
Part J--[Measurement of Vessels]
* * * * * * *
CHAPTER 145--REGULATORY MEASUREMENT
SUBCHAPTER I--GENERAL
Sec.
14501. Application.
14502. Measurement.
14503. Certificate of measurement.
14504. Remeasurement.
SUBCHAPTER II--FORMAL SYSTEMS
14511. [Application.]
14511. Appalachian regional energy hub initiative.
14512. Appalachian Regional Commission nuclear energy development.
SUBCHAPTER I--PROGRAMS
14501. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
(a) Purpose.--* * *
* * * * * * *
14511. APPALACHIAN REGIONAL ENERGY HUB INITIATIVE
(a) In General.--The Appalachian Regional Commission may
provide technical assistance to, make grants to, enter into
contracts with, or otherwise provide amounts to individuals or
entities in the Appalachian region for projects and
activities--
* * * * * * *
Sec. 14512. APPALACHIAN REGIONAL COMMISSION NUCLEAR ENERGY DEVELOPMENT
(a) Definitions.--In this section:
(1) Brownfield site.--The term `brownfield site' has
the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(2) Production facility.--The term `production
facility' has the meaning given the term in section 11
of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(3) Retired fossil fuel site.--The term `retired
fossil fuel site' means the site of 1 or more fossil
fuel electric generation facilities that are retired or
scheduled to retire, including multi-unit facilities
that are partially shut down.
(4) Utilization facility.--The term `utilization
facility' has the meaning given the term in section 11
of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(b) Authority.--The Appalachian Regional Commission may
provide technical assistance to, make grants to, enter into
contracts with, or otherwise provide amounts to individuals or
entities in the Appalachian region for projects and
activities--
(1) to conduct research and analysis regarding the
economic impact of siting, constructing, and operating
a production facility or a utilization facility at a
brownfield site, including a retired fossil fuel site;
(2) to assist with workforce training or retraining
to perform activities relating to the siting and
operation of a production facility or a utilization
facility at a brownfield site, including a retired
fossil fuel site; and
(3) to engage with the Nuclear Regulatory Commission,
the Department of Energy, and other Federal agencies
with expertise in civil nuclear energy.
(c) Limitation on Available Amounts.--Of the cost of any
project or activity eligible for a grant under this section--
(1) except as provided in paragraphs (2) and (3), not
more than 50 percent may be provided from amounts made
available to carry out this section;
(2) in the case of a project or activity to be
carried out in a county for which a distressed county
designation is in effect under section 14526, not more
than 80 percent may be provided from amounts made
available to carry out this section; and
(3) in the case of a project or activity to be
carried out in a county for which an at-risk county
designation is in effect under section 14526, not more
than 70 percent may be provided from amounts made
available to carry out this section.
``(d) Sources of Assistance.--Subject to subsection (c), a
grant provided under this section may be provided from amounts
made available to carry out this section, in combination with
amounts made available--
(1) under any other Federal program; or
(2) from any other source.
(e) Federal Share.--Notwithstanding any provision of law
limiting the Federal share under any other Federal program,
amounts made available to carry out this section may be used to
increase that Federal share, as the Appalachian Regional
Commission determines to be appropriate.
* * * * * * *
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT
CHAPTER 147--MISCELLANEOUS
14703. AUTHORIZATION OF APPROPRIATIONS
(a) In General.--In addition to amounts made available
under section 14501, there is authorized to be appropriated to
the Appalachian Regional Commission to carry out this
subtitle--
(1) * * *
* * * * * * *
(d) Appalachian Regional Energy Hub Initiative.--Of the
amounts made available under subsection (a), $5,000,000 shall
be used to carry out section 14511 for each of fiscal years
2022 through 2026.
(e) Appalachian Regional Commission Nuclear Energy
Development.--Of the amounts made available under subsection
(a), $5,000,000 may be used to carry out section 14512 for each
of fiscal years 2023 through 2026.
[(e)] (f) Availability.--Amounts made available under
subsection (a) remain available until expended.
[(f)] (g) Allocation of Funds.--Funds approved by the
Appalachian Regional Commission for a project in a State in the
Appalachian region pursuant to a congressional directive shall
be derived from the total amount allocated to the State by the
Appalachian Regional Commission from amounts appropriated to
carry out this subtitle.
* * * * * * *
ATOMIC ENERGY ACT OF 1954
[As Amended Through P.L. 108-458, December 17, 2004]
* * * * * * *
CHAPTER 1. DECLARATION, FINDINGS, AND PURPOSE
Section 1. Declaration.--Atomic energy is capable of
application for peaceful as well as military purposes. It is
therefore declared to be the policy of the United States that--
* * * * * * *
SEC. 103. COMMERCIAL LICENSES.--
(a) * * *
* * * * * * *
(d) No license under this section may be given to any
person or activities which are not under or within the
jurisdiction of the United States, except for the export of
production or utilization facilities under terms of an
agreement for cooperation arranged pursuant to section 123, or
except under the provisions of section 109. No license may be
issued to an alien or [any any] anypara.rporation or other
entity if the Commission knows or has reason to believe it is
owned, controlled, or dominated by an alien, a foreign
corporation, or a foreign government. In any event, no license
may be issued to any person within the United States if, in the
opinion of the Commission, the issuance of a license to such
person would be inimical to the common defense and security or
to the health and safety of the public.
* * * * * * *
SEC. 104. MEDICAL THERAPY AND RESEARCH AND DEVELOPMENT.--
(a) * * *
* * * * * * *
[(c) The Commission]
c. Research and Development Activities.--
(1) In general.--Subject to paragraphs (2) and (3),
the Commission is authorized to issue licenses to
persons applying therefor for utilization and
production facilities useful in the conduct of research
and development activities of the types specified in
section 2051 of this title. [The Commission]
(2) Regulation.--The Commission is directed to impose
only such minimum amount of regulation of the licensee
as the Commission finds will permit the Commission to
fulfill its obligations under this chapter to promote
the common defense and security and to protect the
health and safety of the public and will permit the
conduct of widespread and diverse research and
development.
(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. [The Commission is
authorized to issue licenses under this section for
utilization facilities useful in the conduct of
research and development activities of the types
specified in section 2051 of this title in which the
licensee sells research and testing services and energy
to others, subject to the condition that the licensee
shall recover not more than 75 percent of the annual
costs to the licensee of owning and operating the
facility through sales of nonenergy services, energy,
or both, other than research and development or
education and training, of which not more than 50
percent may be through sales of energy.]
* * * * * * *
Sec. 169. No Subsidy.--No funds of the Commission shall be
employed in the construction or operation of facilities
licensed under section 103 or 104 except under contract or
other arrangement entered into pursuant to section 31.
[42 U.S.C. 2209]
ATOMIC ENERGY ACT OF 1954 (This section is commonly referred to as the
Price-Anderson Act).
* * * * * * *
SEC. 170. INDEMNIFICATION AND LIMITATION OF LIABILITY.--
(a) Requirement of Financial Protection for Licensees.--
* * * * * * *
(c) Indemnification of Licensees by Nuclear Regulatory
Commission.--The Commission shall, with respect to licenses
issued between August 30, 1954, and [December 31, 2025]
December 31, 2045, for which it requires financial protection
of less than $560,000,000, agree to indemnify and hold harmless
the licensee and other persons indemnified, as their interest
may appear, from public liability arising from nuclear
incidents which is in excess of the level of financial
protection required of the licensee. The aggregate indemnity
for all persons indemnified in connection with each nuclear
incident shall not exceed $500,000,000, excluding costs of
investigating and settling claims and defending suits for
damage: Provided, however, That this amount of indemnity shall
be reduced by the amount that the financial protection required
shall exceed $60,000,000. Such a contract of indemnification
shall cover public liability arising out of or in connection
with the licensed activity. With respect to any production or
utilization facility for which a construction permit is issued
between August 30, 1954, and [December 31, 2025] December 31,
2045, the requirements of this subsection shall apply to any
license issued for such facility subsequent to [December 31,
2025] December 31, 2045.
d. Indemnification of Contractors by Department of Energy.--
(1)(A) In addition to any other authority the Secretary of
Energy (in this section referred to as the ``Secretary'') may
have, the Secretary shall, until [December 31, 2025] December
31, 2045, enter into agreements of indemnification under this
subsection with any person who may conduct activities under a
contract with the Department of Energy that involve the risk of
public liability and that are not subject to financial
protection requirements under subsection b. or agreements of
indemnification under subsection c. or k.
* * * * * * *
(j) Contracts in Advance of Appropriations.--In
administering the provisions of this section, the Commission or
the Secretary, as appropriate, may make contracts in advance of
appropriations and incur obligations without regard to sections
1341, 1342, 1349, 1350, and 1351, and subchapter II of chapter
15, of title 31, United States Code.
(k) Exemption From Financial Protection Requirement for
Nonprofit Educational Institutions.--With respect to any
license issued pursuant to section 53, 63, 81, 104 a., or 104
c. for the conduct of educational activities to a person found
by the Commission to be a nonprofit educational institution,
the Commission shall exempt such licensee from the financial
protection requirement of subsection a. With respect to
licenses issued between August 30, 1954, and [December 31,
2025] December 31, 2045, for which the Commission grants such
exemption:
(1) the Commission shall agree to indemnify and hold
harmless the licensee and other persons indemnified, as
their interests may appear, from public liability in
excess of $250,000 arising from nuclear incidents. The
aggregate indemnity for all persons indemnified in
connection with each nuclear incident shall not exceed
$500,000,000, including such legal costs of the
licensee as are approved by the Commission;
(2) such contracts of indemnification shall cover
public liability arising out of or in connection with
the licensed activity; and shall include damage to
property of persons indemnified, except property which
is located at the site of and used in connection with
the activity where the nuclear incident occurs; and
(3) such contracts of indemnification, when entered
into with a licensee having immunity from public
liability because it is a State agency, shall provide
also that the Commission shall make payments under the
contract on account of activities of the licensee in
the same manner and to the same extent as the
Commission would be required to do if the licensee were
not such a State agency.
Any licensee may waive an exemption to which it is entitled
under this subsection. With respect to any production or
utilization facility for which a construction permit is issued
between August 30, 1954, and [December 31, 2025] December 31,
2045, the requirements of this subsection shall apply to any
license issued for such facility subsequent to [December 31,
2025] December 31, 2045.
* * * * * * *
(p) Reports to Congress.--The Commission and the Secretary
shall submit to the Congress by [December 31, 2021] December
31, 2041, detailed reports concerning the need for continuation
or modification of the provisions of this section, taking into
account the condition of the nuclear industry, availability of
private insurance, and the state of knowledge concerning
nuclear safety at that time, among other relevant factors, and
shall include recommendations as to the repeal or modification
of any of the provisions of this section.
* * * * * * *
OMNIBUS APPROPRIATIONS ACT, 2009
* * * * * * *
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2009
* * * * * * *
Title III--Department of Energy
* * * * * * *
SEC. 313. [42 U.S.C. 16274A] UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
(a) In General.--The Secretary of Energy, the Administrator
of the National Nuclear Security Administration, and the
Chairman of the [Nuclear Regulatory] Commission shall jointly
establish a program, to be known as the ``University Nuclear
Leadership Program''.
(b) Use of Funds.--
(1) In general.--Except as provided in paragraph (2),
and subsection (c) amounts made available to carry out
the Program shall be used to provide financial
assistance for scholarships, fellowships, and research
and development projects at institutions of higher
education in areas relevant to the programmatic mission
of the applicable Federal agency, with an emphasis on
providing the financial assistance with respect to
research, development, demonstration, and commercial
application activities relevant to civilian advanced
nuclear reactors including, but not limited to--
* * * * * * *
(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.
[(c)] (d) Definitions.--In this section:
[(1) Advanced nuclear reactor; institution of higher
education.--The terms ``advanced nuclear reactor'' and
``institution of higher education'' have the meanings
given those terms in section 951 of the Energy Policy
Act of 2005 (42 U.S.C. 16271).]
(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)).
[(2)] (5) Program.--The term ``Program'' means the
University Nuclear Leadership Program established under
this section.
[(d)] (e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the Program for each
of fiscal years 2021 through 2025--
(1) $45,000,000 to the Secretary of Energy, of which
$15,000,000 shall be for use by the Administrator of
the National Nuclear Security Administration; and
(2) $15,000,000 to the [Nuclear Regulatory]
Commission.
[all]