In the House of Representatives, U. S., 

May 8, 2024. 

Resolved, That the bill from the Senate (S. 870) entitled 

‘‘An Act to amend the Federal Fire Prevention and Control 

Act of 1974 to authorize appropriations for the United States 

Fire Administration and firefighter assistance grant programs.’’ , do pass with the following 

AMENDMENTS: 

Strike out all after the enacting clause and insert: 

1 DIVISION A—FIRE GRANTS AND 

2 SAFETY 

3 SECTION 1. SHORT TITLE. 

4 This division may be cited as the ‘‘Fire Grants and 

5 Safety Act of 2023’’. 

6 SEC. 2. REAUTHORIZATION OF THE UNITED STATES FIRE 

7 ADMINISTRATION. 

8 Section 17(g)(1) of the Federal Fire Prevention and 

9 Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended— 

10 (1) in subparagraph (L), by striking ‘‘and’’ after 

11 the semicolon; 

12 (2) in subparagraph (M)— 

13 (A) by striking ‘‘for for’’ and inserting 

14 ‘‘for’’; and 
2 

•S 870 EAH 

1 (B) by striking the period and inserting ‘‘; 

2 and’’; and 

3 (3) by adding at the end the following new 

4 subparagraraph: 

5 ‘‘(N) $95,000,000 for each of fiscal years 

6 2024 through 2028, of which $3,420,000 for each 

7 such fiscal year shall be used to carry out section 

8 8(f).’’. 

9 SEC. 3. REAUTHORIZATION OF ASSISTANCE TO FIRE10 FIGHTERS GRANTS PROGRAM AND THE FIRE 

11 PREVENTION AND SAFETY GRANTS PRO12 GRAM. 

13 (a) SUNSET.—Section 33(r) of the Federal Fire Pre14 vention and Control Act of 1974 (15 U.S.C. 2229(r)) is 

15 amended by striking ‘‘2024’’ and inserting ‘‘2030’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 33(q)(1) of the Federal Fire Prevention and Control Act of 

18 1974 (15 U.S.C. 2229(q)(1)) is amended by striking ‘‘to 

19 carry out this section—’’ and all that follows through ‘‘the 

20 fiscal year described in clause (i)’’ and inserting ‘‘to carry 

21 out this section $750,000,000 for each of fiscal years 2024 

22 through 2028’’. 
3 

•S 870 EAH 

1 SEC. 4. REAUTHORIZATION OF STAFFING FOR ADEQUATE 

2 FIRE AND EMERGENCY RESPONSE GRANT 

3 PROGRAM. 

4 (a) SUNSET.—Section 34(k) of the Federal Fire Pre5 vention and Control Act of 1974 (15 U.S.C. 2229a(k)) is 

6 amended by striking ‘‘2024’’ and inserting ‘‘2030’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 34(j)(1) of the Federal Fire Prevention and Control Act of 

9 1974 (15 U.S.C. 2229a(j)(1)(I)) is amended— 

10 (1) in subparagraph (G), by inserting ‘‘and’’ 

11 after the semicolon; 

12 (2) in subparagraph (H), by striking ‘‘fiscal 

13 year 2013; and’’ and inserting ‘‘each of fiscal years 

14 2024 through 2028.’’; and 

15 (3) by striking subparagraph (I). 

16 SEC. 5. GAO AUDIT AND REPORT. 

17 Not later than three years after the date of the enact18 ment of this Act, the Comptroller General of the United 

19 States shall conduct an audit of and issue a publicly avail20 able report on— 

21 (1) barriers that prevent fire departments from 

22 accessing Federal funds; and 

23 (2) the United States Fire Administration. 
4 

•S 870 EAH 

1 DIVISION B—ACCELERATING DE2 PLOYMENT OF VERSATILE, 

3 ADVANCED NUCLEAR FOR 

4 CLEAN ENERGY 

5 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

6 (a) SHORT TITLE.—This division may be cited as the 

7 ‘‘Accelerating Deployment of Versatile, Advanced Nuclear 

8 for Clean Energy Act of 2024’’ or the ‘‘ADVANCE Act of 

9 2024’’. 

10 (b) TABLE OF CONTENTS.—The table of contents for 

11 this division is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—AMERICAN NUCLEAR LEADERSHIP 

Sec. 101. International nuclear export and innovation activities. 

Sec. 102. Denial of certain domestic licenses for national security purposes. 

Sec. 103. Export license notification. 

Sec. 104. Global nuclear energy assessment. 

Sec. 105. Process for review and amendment of part 810 generally authorized destinations. 

TITLE II—DEVELOPING AND DEPLOYING NEW NUCLEAR 

TECHNOLOGIES 

Sec. 201. Fees for advanced nuclear reactor application review. 

Sec. 202. Advanced nuclear reactor prizes. 

Sec. 203. Licensing considerations relating to use of nuclear energy for nonelectric applications. 

Sec. 204. Enabling preparations for the demonstration of advanced nuclear reactors on Department of Energy sites or critical national security 

infrastructure sites. 

Sec. 205. Fusion energy regulation. 

Sec. 206. Regulatory issues for nuclear facilities at brownfield sites. 

Sec. 207. Combined license review procedure. 

Sec. 208. Regulatory requirements for micro-reactors. 

TITLE III—PRESERVING EXISTING NUCLEAR ENERGY GENERATION 

Sec. 301. Foreign ownership. 
5 

•S 870 EAH 

TITLE IV—NUCLEAR FUEL CYCLE, SUPPLY CHAIN, 

INFRASTRUCTURE, AND WORKFORCE 

Sec. 401. Report on advanced methods of manufacturing and construction for nuclear energy projects. 

Sec. 402. Nuclear energy traineeship. 

Sec. 403. Biennial report on the spent nuclear fuel and high-level radioactive 

waste inventory in the United States. 

Sec. 404. Development, qualification, and licensing of advanced nuclear fuel concepts. 

TITLE V—IMPROVING COMMISSION EFFICIENCY 

Sec. 501. Mission alignment. 

Sec. 502. Strengthening the NRC workforce. 

Sec. 503. Commission corporate support funding. 

Sec. 504. Performance metrics and milestones. 

Sec. 505. Nuclear licensing efficiency. 

Sec. 506. Modernization of nuclear reactor environmental reviews. 

Sec. 507. Improving oversight and inspection programs. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Technical correction. 

Sec. 602. Report on engagement with the Government of Canada with respect to 

nuclear waste issues in the Great Lakes Basin. 

Sec. 603. Savings clause. 

1 SEC. 2. DEFINITIONS. 

2 In this division: 

3 (1) ACCIDENT TOLERANT FUEL.—The term ‘‘ac4 cident tolerant fuel’’ has the meaning given the term 

5 in section 107(a) of the Nuclear Energy Innovation 

6 and Modernization Act (Public Law 115–439; 132 

7 Stat. 5577). 

8 (2) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

11 (3) ADVANCED NUCLEAR FUEL.—The term ‘‘ad12 vanced nuclear fuel’’ means— 

13 (A) advanced nuclear reactor fuel; and 
6 

•S 870 EAH 

1 (B) accident tolerant fuel. 

2 (4) ADVANCED NUCLEAR REACTOR.—The term 

3 ‘‘advanced nuclear reactor’’ has the meaning given the 

4 term in section 3 of the Nuclear Energy Innovation 

5 and Modernization Act (42 U.S.C. 2215 note; Public 

6 Law 115–439). 

7 (5) ADVANCED NUCLEAR REACTOR FUEL.—The 

8 term ‘‘advanced nuclear reactor fuel’’ has the meaning 

9 given the term in section 3 of the Nuclear Energy In10 novation and Modernization Act (42 U.S.C. 2215 

11 note; Public Law 115–439). 

12 (6) APPROPRIATE COMMITTEES OF CONGRESS.— 

13 The term ‘‘appropriate committees of Congress’’ 

14 means— 

15 (A) the Committee on Environment and 

16 Public Works of the Senate; and 

17 (B) the Committee on Energy and Com18 merce of the House of Representatives. 

19 (7) COMMISSION.—The term ‘‘Commission’’ 

20 means the Nuclear Regulatory Commission. 

21 (8) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘‘institution of higher education’’ has the mean23 ing given the term in section 101(a) of the Higher 

24 Education Act of 1965 (20 U.S.C. 1001(a)). 
7 

•S 870 EAH 

1 (9) NATIONAL LABORATORY.—The term ‘‘Na2 tional Laboratory’’ has the meaning given the term in 

3 section 2 of the Energy Policy Act of 2005 (42 U.S.C. 

4 15801). 

5 TITLE I—AMERICAN NUCLEAR 

6 LEADERSHIP 

7 SEC. 101. INTERNATIONAL NUCLEAR EXPORT AND INNOVA8 TION ACTIVITIES. 

9 (a) COMMISSION COORDINATION.— 

10 (1) IN GENERAL.—The Commission shall— 

11 (A) coordinate all work of the Commission 

12 relating to— 

13 (i) import and export licensing for nu14 clear reactors and radioactive materials; 

15 and 

16 (ii) international regulatory coopera17 tion and assistance relating to nuclear reac18 tors and radioactive materials, including 

19 with countries that are members of— 

20 (I) the Organisation for Economic 

21 Co-operation and Development; or 

22 (II) the Nuclear Energy Agency; 

23 and 

24 (B) support interagency and international 

25 coordination with respect to— 
8 

•S 870 EAH 

1 (i) the consideration of international 

2 technical standards to establish the licensing 

3 and regulatory basis to assist the design, 

4 construction, and operation of nuclear reac5 tors and use of radioactive materials; 

6 (ii) efforts to help build competent nu7 clear regulatory organizations and legal 

8 frameworks in foreign countries that are 

9 seeking to develop civil nuclear industries; 

10 and 

11 (iii) exchange programs and training 

12 provided, in coordination with the Sec13 retary of State, to foreign countries relating 

14 to civil nuclear licensing and oversight to 

15 improve the regulation of nuclear reactors 

16 and radioactive materials, in accordance 

17 with paragraph (2). 

18 (2) EXCHANGE PROGRAMS AND TRAINING.—With 

19 respect to the exchange programs and training de20 scribed in paragraph (1)(B)(iii), the Commission 

21 shall coordinate, as applicable, with— 

22 (A) the Secretary of Energy; 

23 (B) the Secretary of State; 

24 (C) the National Laboratories; 

25 (D) the private sector; and 
9 

•S 870 EAH 

1 (E) institutions of higher education. 

2 (b) AUTHORITY TO ESTABLISH BRANCH.—The Com3 mission may establish within the Office of International 

4 Programs a branch, to be known as the ‘‘International Nu5 clear Export and Innovation Branch’’, to carry out the 

6 international nuclear export and innovation activities de7 scribed in subsection (a) as the Commission determines to 

8 be appropriate and within the mission of the Commission. 

9 (c) EXCLUSION OF INTERNATIONAL ACTIVITIES FROM

10 THE FEE BASE.— 

11 (1) IN GENERAL.—Section 102 of the Nuclear 

12 Energy Innovation and Modernization Act (42 U.S.C. 

13 2215) is amended— 

14 (A) in subsection (a), by adding at the end 

15 the following: 

16 ‘‘(4) INTERNATIONAL NUCLEAR EXPORT AND IN17 NOVATION ACTIVITIES.—The Commission shall iden18 tify in the annual budget justification international 

19 nuclear export and innovation activities described in 

20 section 101(a) of the ADVANCE Act of 2024.’’; and 

21 (B) in subsection (b)(1)(B), by adding at 

22 the end the following: 

23 ‘‘(iv) Costs for international nuclear 

24 export and innovation activities described 
10 

•S 870 EAH 

1 in section 101(a) of the ADVANCE Act of 

2 2024.’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by paragraph (1) shall take effect on October 1, 2025. 

5 (d) INTERAGENCY COORDINATION.—The Commission 

6 shall coordinate all international activities under this sec7 tion with the Secretary of State, the Secretary of Energy, 

8 and other applicable agencies, as appropriate. 

9 (e) SAVINGS CLAUSE.—Nothing in this section alters 

10 the authority of the Commission to license and regulate the 

11 civilian use of radioactive materials. 

12 SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 

13 NATIONAL SECURITY PURPOSES. 

14 (a) DEFINITION OF COVERED FUEL.—In this section, 

15 the term ‘‘covered fuel’’ means enriched uranium that is 

16 fabricated outside the United States into fuel assemblies for 

17 commercial nuclear power reactors by an entity that— 

18 (1) is owned or controlled by the Government of 

19 the Russian Federation or the Government of the Peo20 ple’s Republic of China; or 

21 (2) is organized under the laws of, or otherwise 

22 subject to the jurisdiction of, the Russian Federation 

23 or the People’s Republic of China. 

24 (b) PROHIBITION ON UNLICENSED POSSESSION OR

25 OWNERSHIP OF COVERED FUEL.—Unless specifically au-
11 

•S 870 EAH 

1 thorized by the Commission in a license issued under sec2 tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 2073) 

3 and part 70 of title 10, Code of Federal Regulations (or 

4 successor regulations), no person subject to the jurisdiction 

5 of the Commission may possess or own covered fuel. 

6 (c) LICENSE TO POSSESS OR OWN COVERED FUEL.— 

7 (1) CONSULTATION REQUIRED PRIOR TO

8 ISSUANCE.—The Commission shall not issue a license 

9 to possess or own covered fuel under section 53 of the 

10 Atomic Energy Act of 1954 (42 U.S.C. 2073) and 

11 part 70 of title 10, Code of Federal Regulations (or 

12 successor regulations), unless the Commission has first 

13 consulted with the Secretary of Energy and the Sec14 retary of State before issuing the license. 

15 (2) PROHIBITION ON ISSUANCE OF LICENSE.— 

16 (A) IN GENERAL.—Subject to subparagraph 

17 (C), a license to possess or own covered fuel shall 

18 not be issued if the Secretary of Energy and the 

19 Secretary of State make the determination de20 scribed in subparagraph (B)(i)(I). 

21 (B) DETERMINATION.— 

22 (i) IN GENERAL.—The determination 

23 referred to in subparagraph (A) is a deter24 mination that possession or ownership, as 

25 applicable, of covered fuel— 
12 

•S 870 EAH 

1 (I) poses a threat to the national 

2 security of the United States, including 

3 because of an adverse impact on the 

4 physical and economic security of the 

5 United States; or 

6 (II) does not pose a threat to the 

7 national security of the United States. 

8 (ii) JOINT DETERMINATION.—A deter9 mination described in clause (i) shall be 

10 jointly made by the Secretary of Energy 

11 and the Secretary of State. 

12 (iii) TIMELINE.— 

13 (I) NOTICE OF APPLICATION.—Not 

14 later than 30 days after the date on 

15 which the Commission receives an ap16 plication for a license to possess or 

17 own covered fuel, the Commission shall 

18 notify the Secretary of Energy and the 

19 Secretary of State of the application. 

20 (II) DETERMINATION.—The Sec21 retary of Energy and the Secretary of 

22 State shall have a period of 180 days, 

23 beginning on the date on which the 

24 Commission notifies the Secretary of 

25 Energy and the Secretary of State 
13 

•S 870 EAH 

1 under subclause (I) of an application 

2 for a license to possess or own covered 

3 fuel, in which to make the determina4 tion described in clause (i). 

5 (III) COMMISSION NOTIFICA6 TION.—On making the determination 

7 described in clause (i), the Secretary of 

8 Energy and the Secretary of State 

9 shall immediately notify the Commis10 sion. 

11 (IV) CONGRESSIONAL NOTIFICA12 TION.—Not later than 30 days after 

13 the date on which the Secretary of En14 ergy and the Secretary of State notify 

15 the Commission under subclause (III), 

16 the Commission shall notify the appro17 priate committees of Congress, the 

18 Committee on Foreign Relations of the 

19 Senate, the Committee on Energy and 

20 Natural Resources of the Senate, and 

21 the Committee on Foreign Affairs of 

22 the House of Representatives of the de23 termination. 

24 (V) PUBLIC NOTICE.—Not later 

25 than 15 days after the date on which 
14 

•S 870 EAH 

1 the Commission notifies Congress 

2 under subclause (IV) of a determina3 tion made under clause (i), the Com4 mission shall make that determination 

5 publicly available. 

6 (C) EFFECT OF NO DETERMINATION.—The 

7 Commission shall not issue a license if the Sec8 retary of Energy and the Secretary of State have 

9 not made a determination described in subpara10 graph (B). 

11 (d) SAVINGS CLAUSE.—Nothing in this section alters 

12 any treaty or international agreement in effect on the date 

13 of enactment of this Act or that enters into force after the 

14 date of enactment of this Act. 

15 SEC. 103. EXPORT LICENSE NOTIFICATION. 

16 (a) DEFINITION OF LOW-ENRICHED URANIUM.—In 

17 this section, the term ‘‘low-enriched uranium’’ means ura18 nium enriched to less than 20 percent of the uranium-235 

19 isotope. 

20 (b) NOTIFICATION.—If the Commission, after consulta21 tion with the Secretary of State and any other relevant 

22 agencies, issues an export license for the transfer of any 

23 item described in subsection (d) to a country described in 

24 subsection (c), the Commission shall notify the appropriate 

25 committees of Congress, the Committee on Foreign Rela-
15 

•S 870 EAH 

1 tions of the Senate, the Committee on Energy and Natural 

2 Resources of the Senate, and the Committee on Foreign Af3 fairs of the House of Representatives. 

4 (c) COUNTRIES DESCRIBED.—A country referred to in 

5 subsection (b) is a country that— 

6 (1) has not concluded and ratified an Additional 

7 Protocol to its safeguards agreement with the Inter8 national Atomic Energy Agency; or 

9 (2) has not ratified or acceded to the amendment 

10 to the Convention on the Physical Protection of Nu11 clear Material, adopted at Vienna October 26, 1979, 

12 and opened for signature at New York March 3, 1980 

13 (TIAS 11080), described in the information circular 

14 of the International Atomic Energy Agency numbered 

15 INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 

16 (TIAS 16–508). 

17 (d) ITEMS DESCRIBED.—An item referred to in sub18 section (b) includes— 

19 (1) unirradiated nuclear fuel containing special 

20 nuclear material (as defined in section 11 of the 

21 Atomic Energy Act of 1954 (42 U.S.C. 2014)), exclud22 ing low-enriched uranium; 

23 (2) a nuclear reactor that uses nuclear fuel de24 scribed in paragraph (1); and 
16 

•S 870 EAH 

1 (3) any plant or component listed in Appendix 

2 I to part 110 of title 10, Code of Federal Regulations 

3 (or successor regulations), that is involved in— 

4 (A) the reprocessing of irradiated nuclear 

5 reactor fuel elements; 

6 (B) the separation of plutonium; or 

7 (C) the separation of the uranium-233 iso8 tope. 

9 SEC. 104. GLOBAL NUCLEAR ENERGY ASSESSMENT. 

10 (a) STUDY REQUIRED.—Not later than 1 year after 

11 the date of enactment of this Act, the Secretary of Energy, 

12 in consultation with the Secretary of State, the Secretary 

13 of Commerce, the Administrator of the Environmental Pro14 tection Agency, and the Commission, shall conduct a study 

15 on the global status of— 

16 (1) the civilian nuclear energy industry; and 

17 (2) the supply chains of the civilian nuclear en18 ergy industry. 

19 (b) CONTENTS.—The study conducted under subsection 

20 (a) shall include— 

21 (1) information on the status of the civilian nu22 clear energy industry, the long-term risks to that in23 dustry, and the bases for those risks; 

24 (2) information on how the use of the civilian 

25 nuclear energy industry, relative to other types of en-
17 

•S 870 EAH 

1 ergy industries, can reduce the emission of criteria 

2 pollutants and carbon dioxide; 

3 (3) information on the role the United States ci4 vilian nuclear energy industry plays in United States 

5 foreign policy; 

6 (4) information on the importance of the United 

7 States civilian nuclear energy industry to countries 

8 that are allied to the United States; 

9 (5) information on how the United States may 

10 collaborate with those countries in developing, deploy11 ing, and investing in nuclear technology; 

12 (6) information on how foreign countries use nu13 clear energy when crafting and implementing their 

14 own foreign policy, including such use by foreign 

15 countries that are strategic competitors; 

16 (7) an evaluation of how nuclear nonprolifera17 tion and security efforts and nuclear energy safety 

18 are affected by the involvement of the United States 

19 in— 

20 (A) international markets; and 

21 (B) setting civilian nuclear energy industry 

22 standards; 

23 (8) an evaluation of how industries in the 

24 United States, other than the civilian nuclear energy 
18 

•S 870 EAH 

1 industry, benefit from the generation of electricity by 

2 nuclear power plants; 

3 (9) information on utilities and companies in 

4 the United States that are involved in the civilian 

5 nuclear energy supply chain, including, with respect 

6 to those utilities and companies— 

7 (A) financial challenges; 

8 (B) nuclear liability issues; 

9 (C) foreign strategic competition; and 

10 (D) risks to continued operation; and 

11 (10) recommendations for how the United States 

12 may— 

13 (A) develop a national strategy to increase 

14 the role that nuclear energy plays in diplomacy 

15 and strategic energy policy; 

16 (B) develop a strategy to mitigate foreign 

17 competitor’s utilization of their civilian nuclear 

18 energy industries in diplomacy; 

19 (C) align the nuclear energy policy of the 

20 United States with national security objectives; 

21 and 

22 (D) modernize regulatory requirements to 

23 strengthen the United States civilian nuclear en24 ergy supply chain. 
19 

•S 870 EAH 

1 (c) REPORT TO CONGRESS.—Not later than 180 days 

2 after the study under subsection (a) is completed, the Sec3 retary of Energy shall submit to the appropriate committees 

4 of Congress the study, including a classified annex, if nec5 essary. 

6 SEC. 105. PROCESS FOR REVIEW AND AMENDMENT OF PART 

7 810 GENERALLY AUTHORIZED DESTINATIONS. 

8 (a) IDENTIFICATION AND EVALUATION OF FACTORS.— 

9 Not later than 90 days after the date of enactment of this 

10 Act, the Secretary of Energy, with the concurrence of the 

11 Secretary of State, shall identify and evaluate factors, other 

12 than agreements for cooperation entered into in accordance 

13 with section 123 of the Atomic Energy Act of 1954 (42 

14 U.S.C. 2153), that may be used to determine a country’s 

15 generally authorized destination status under part 810 of 

16 title 10, Code of Federal Regulations, and to list such coun17 try as a generally authorized destination in Appendix A 

18 to part 810 of title 10, Code of Federal Regulations. 

19 (b) PROCESS UPDATE.—The Secretary of Energy shall 

20 review and, as appropriate, update the Department of En21 ergy’s process for determining a country’s generally author22 ized destination status under part 810 of title 10, Code of 

23 Federal Regulations, and for listing such country as a gen24 erally authorized destination in Appendix A to part 810 

25 of title 10, Code of Federal Regulations, taking into consid-
20 

•S 870 EAH 

1 eration and, as appropriate, incorporating factors identi2 fied and evaluated under subsection (a). 

3 (c) REVISIONS TO LIST.—Not later than one year after 

4 the date of enactment of this Act, and at least once every 

5 5 years thereafter, the Secretary of Energy shall, in accord6 ance with any process updated pursuant to this section, re7 view the list in Appendix A to part 810 of title 10, Code 

8 of Federal Regulations, and amend such list as appropriate. 

9 TITLE II—DEVELOPING AND DE10 PLOYING NEW NUCLEAR 

11 TECHNOLOGIES 

12 SEC. 201. FEES FOR ADVANCED NUCLEAR REACTOR APPLI13 CATION REVIEW. 

14 (a) DEFINITIONS.—Section 3 of the Nuclear Energy 

15 Innovation and Modernization Act (42 U.S.C. 2215 note; 

16 Public Law 115–439) is amended— 

17 (1) by redesignating paragraphs (2) through (15) 

18 as paragraphs (3), (6), (7), (8), (9), (10), (12), (15), 

19 (16), (17), (18), (19), (20), and (21), respectively; 

20 (2) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) ADVANCED NUCLEAR REACTOR APPLI23 CANT.—The term ‘advanced nuclear reactor appli24 cant’ means an entity that has submitted to the Com25 mission an application for a license for an advanced 
21 

•S 870 EAH 

1 nuclear reactor under the Atomic Energy Act of 1954 

2 (42 U.S.C. 2011 et seq.).’’; 

3 (3) by inserting after paragraph (3) (as so redes4 ignated) the following: 

5 ‘‘(4) ADVANCED NUCLEAR REACTOR PRE-APPLI6 CANT.—The term ‘advanced nuclear reactor pre-appli7 cant’ means an entity that has submitted to the Com8 mission a licensing project plan for the purposes of 

9 submitting a future application for a license for an 

10 advanced nuclear reactor under the Atomic Energy 

11 Act of 1954 (42 U.S.C. 2011 et seq.). 

12 ‘‘(5) AGENCY SUPPORT.—The term ‘agency sup13 port’ has the meaning given the term ‘agency support 

14 (corporate support and the IG)’ in section 170.3 of 

15 title 10, Code of Federal Regulations (or any suc16 cessor regulation).’’; 

17 (4) by inserting after paragraph (10) (as so re18 designated) the following: 

19 ‘‘(11) HOURLY RATE FOR MISSION-DIRECT PRO20 GRAM SALARIES AND BENEFITS.—The term ‘hourly 

21 rate for mission-direct program salaries and benefits’ 

22 means the quotient obtained by dividing— 

23 ‘‘(A) the full-time equivalent rate (within 

24 the meaning of the document of the Commission 

25 entitled ‘FY 2023 Final Fee Rule Work Papers’ 
22 

•S 870 EAH 

1 (or a successor document)) for mission-direct 

2 program salaries and benefits for a fiscal year; 

3 by 

4 ‘‘(B) the productive hours assumption for 

5 that fiscal year, determined in accordance with 

6 the formula established in the document referred 

7 to in subparagraph (A) (or a successor docu8 ment).’’; and 

9 (5) by inserting after paragraph (12) (as so re10 designated) the following: 

11 ‘‘(13) MISSION-DIRECT PROGRAM SALARIES AND

12 BENEFITS.—The term ‘mission-direct program sala13 ries and benefits’ means the resources of the Commis14 sion that are allocated to the Nuclear Reactor Safety 

15 Program (as determined by the Commission) to per16 form core work activities committed to fulfilling the 

17 mission of the Commission, as described in the docu18 ment of the Commission entitled ‘FY 2023 Final Fee 

19 Rule Work Papers’ (or a successor document). 

20 ‘‘(14) MISSION-INDIRECT PROGRAM SUPPORT.— 

21 The term ‘mission-indirect program support’ has the 

22 meaning given the term in section 170.3 of title 10, 

23 Code of Federal Regulations (or any successor regula24 tion).’’. 
23 

•S 870 EAH 

1 (b) EXCLUDED ACTIVITIES.—Section 102(b)(1)(B) of 

2 the Nuclear Energy Innovation and Modernization Act (42 

3 U.S.C. 2215(b)(1)(B)) (as amended by section 101(c)(1)(B)) 

4 is amended by adding at the end the following: 

5 ‘‘(v) The total costs of mission-indirect 

6 program support and agency support that, 

7 under paragraph (2)(B), may not be in8 cluded in the hourly rate charged for fees 

9 assessed and collected from advanced nu10 clear reactor applicants. 

11 ‘‘(vi) The total costs of mission-indirect 

12 program support and agency support that, 

13 under paragraph (2)(C), may not be in14 cluded in the hourly rate charged for fees 

15 assessed and collected from advanced nu16 clear reactor pre-applicants.’’. 

17 (c) FEES FOR SERVICE OR THING OF VALUE.—Section 

18 102(b) of the Nuclear Energy Innovation and Moderniza19 tion Act (42 U.S.C. 2215(b)) is amended by striking para20 graph (2) and inserting the following: 

21 ‘‘(2) FEES FOR SERVICE OR THING OF VALUE.— 

22 ‘‘(A) IN GENERAL.—In accordance with sec23 tion 9701 of title 31, United States Code, the 

24 Commission shall assess and collect fees from 

25 any person who receives a service or thing of 
24 

•S 870 EAH 

1 value from the Commission to cover the costs to 

2 the Commission of providing the service or thing 

3 of value. 

4 ‘‘(B) ADVANCED NUCLEAR REACTOR APPLI5 CANTS.—The hourly rate charged for fees assessed 

6 and collected from an advanced nuclear reactor 

7 applicant under this paragraph relating to the 

8 review of a submitted application described in 

9 section 3(1) may not exceed the hourly rate for 

10 mission-direct program salaries and benefits. 

11 ‘‘(C) ADVANCED NUCLEAR REACTOR PRE-AP12 PLICANTS.—The hourly rate charged for fees as13 sessed and collected from an advanced nuclear 

14 reactor pre-applicant under this paragraph re15 lating to the review of submitted materials as de16 scribed in the licensing project plan of an ad17 vanced nuclear reactor pre-applicant may not 

18 exceed the hourly rate for mission-direct program 

19 salaries and benefits.’’. 

20 (d) SUNSET.—Section 102 of the Nuclear Energy In21 novation and Modernization Act (42 U.S.C. 2215) is 

22 amended by adding at the end the following: 

23 ‘‘(g) CESSATION OF EFFECTIVENESS.—Paragraphs 

24 (1)(B)(vi) and (2)(C) of subsection (b) shall cease to be effec25 tive on September 30, 2030.’’. 
25 

•S 870 EAH 

1 (e) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on October 1, 2025. 

3 SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES. 

4 Section 103 of the Nuclear Energy Innovation and 

5 Modernization Act (Public Law 115–439; 132 Stat. 5571) 

6 is amended by adding at the end the following: 

7 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI8 CENSING.— 

9 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this 

10 subsection, the term ‘eligible entity’ means— 

11 ‘‘(A) a non-Federal entity; and 

12 ‘‘(B) the Tennessee Valley Authority. 

13 ‘‘(2) PRIZE FOR ADVANCED NUCLEAR REACTOR

14 LICENSING.— 

15 ‘‘(A) IN GENERAL.—Notwithstanding sec16 tion 169 of the Atomic Energy Act of 1954 (42 

17 U.S.C. 2209) and subject to the availability of 

18 appropriations, the Secretary is authorized to 

19 make, with respect to each award category de20 scribed in subparagraph (C), an award in an 

21 amount described in subparagraph (B) to the 

22 first eligible entity— 

23 ‘‘(i) to which the Commission issues an 

24 operating license for an advanced nuclear 

25 reactor under part 50 of title 10, Code of 
26 

•S 870 EAH 

1 Federal Regulations (or successor regula2 tions), for which an application has not 

3 been approved by the Commission as of the 

4 date of enactment of this subsection; or 

5 ‘‘(ii) for which the Commission makes 

6 a finding described in section 52.103(g) of 

7 title 10, Code of Federal Regulations (or 

8 successor regulations), with respect to a 

9 combined license for an advanced nuclear 

10 reactor— 

11 ‘‘(I) that is issued under subpart 

12 C of part 52 of that title (or successor 

13 regulations); and 

14 ‘‘(II) for which an application 

15 has not been approved by the Commis16 sion as of the date of enactment of this 

17 subsection. 

18 ‘‘(B) AMOUNT OF AWARD.—Subject to para19 graph (3), an award under subparagraph (A) 

20 shall be in an amount equal to the total amount 

21 assessed by the Commission and collected under 

22 section 102(b)(2) from the eligible entity receiv23 ing the award for costs relating to the issuance 

24 of the license described in that subparagraph, in25 cluding, as applicable, costs relating to the 
27 

•S 870 EAH 

1 issuance of an associated construction permit de2 scribed in section 50.23 of title 10, Code of Fed3 eral Regulations (or successor regulations), or 

4 early site permit (as defined in section 52.1 of 

5 that title (or successor regulations)). 

6 ‘‘(C) AWARD CATEGORIES.—An award 

7 under subparagraph (A) may be made for— 

8 ‘‘(i) the first advanced nuclear reactor 

9 for which the Commission— 

10 ‘‘(I) issues a license in accordance 

11 with clause (i) of subparagraph (A); or 

12 ‘‘(II) makes a finding in accord13 ance with clause (ii) of that subpara14 graph; 

15 ‘‘(ii) an advanced nuclear reactor 

16 that— 

17 ‘‘(I) uses isotopes derived from 

18 spent nuclear fuel (as defined in sec19 tion 2 of the Nuclear Waste Policy Act 

20 of 1982 (42 U.S.C. 10101)) or depleted 

21 uranium as fuel for the advanced nu22 clear reactor; and 

23 ‘‘(II) is the first advanced nuclear 

24 reactor described in subclause (I) for 

25 which the Commission— 
28 

•S 870 EAH 

1 ‘‘(aa) issues a license in ac2 cordance with clause (i) of sub3 paragraph (A); or 

4 ‘‘(bb) makes a finding in ac5 cordance with clause (ii) of that 

6 subparagraph; 

7 ‘‘(iii) an advanced nuclear reactor 

8 that— 

9 ‘‘(I) is a nuclear integrated en10 ergy system— 

11 ‘‘(aa) that is composed of 2 

12 or more co-located or jointly oper13 ated subsystems of energy genera14 tion, energy storage, or other tech15 nologies; 

16 ‘‘(bb) in which not fewer 

17 than 1 subsystem described in 

18 item (aa) is a nuclear energy sys19 tem; and 

20 ‘‘(cc) the purpose of which 

21 is— 

22 ‘‘(AA) to reduce green23 house gas emissions in both 

24 the power and nonpower sec25 tors; and 
29 

•S 870 EAH 

1 ‘‘(BB) to maximize en2 ergy production and effi3 ciency; and 

4 ‘‘(II) is the first advanced nuclear 

5 reactor described in subclause (I) for 

6 which the Commission— 

7 ‘‘(aa) issues a license in ac8 cordance with clause (i) of sub9 paragraph (A); or 

10 ‘‘(bb) makes a finding in ac11 cordance with clause (ii) of that 

12 subparagraph; 

13 ‘‘(iv) an advanced reactor that— 

14 ‘‘(I) operates flexibly to generate 

15 electricity or high temperature process 

16 heat for nonelectric applications; and 

17 ‘‘(II) is the first advanced nuclear 

18 reactor described in subclause (I) for 

19 which the Commission— 

20 ‘‘(aa) issues a license in ac21 cordance with clause (i) of sub22 paragraph (A); or 

23 ‘‘(bb) makes a finding in ac24 cordance with clause (ii) of that 

25 subparagraph; and 
30 

•S 870 EAH 

1 ‘‘(v) the first advanced nuclear reactor 

2 for which the Commission grants approval 

3 to load nuclear fuel pursuant to the tech4 nology-inclusive regulatory framework es5 tablished under subsection (a)(4). 

6 ‘‘(3) FEDERAL FUNDING LIMITATIONS.— 

7 ‘‘(A) EXCLUSION OF TVA FUNDS.—In this 

8 paragraph, the term ‘Federal funds’ does not in9 clude funds received under the power program of 

10 the Tennessee Valley Authority established pursu11 ant to the Tennessee Valley Authority Act of 

12 1933 (16 U.S.C. 831 et seq.). 

13 ‘‘(B) LIMITATION ON AMOUNTS EX14 PENDED.—An award under this subsection shall 

15 not exceed the total amount expended (excluding 

16 any expenditures made with Federal funds re17 ceived for the applicable project and an amount 

18 equal to the minimum cost-share required under 

19 section 988 of the Energy Policy Act of 2005 (42 

20 U.S.C. 16352)) by the eligible entity receiving 

21 the award for licensing costs relating to the 

22 project for which the award is made. 

23 ‘‘(C) REPAYMENT AND DIVIDENDS NOT RE24 QUIRED.—Notwithstanding section 9104(a)(4) of 

25 title 31, United States Code, or any other provi-
31 

•S 870 EAH 

1 sion of law, an eligible entity that receives an 

2 award under this subsection shall not be re3 quired— 

4 ‘‘(i) to repay that award or any part 

5 of that award; or 

6 ‘‘(ii) to pay a dividend, interest, or 

7 other similar payment based on the sum of 

8 that award.’’. 

9 SEC. 203. LICENSING CONSIDERATIONS RELATING TO USE 

10 OF NUCLEAR ENERGY FOR NONELECTRIC AP11 PLICATIONS. 

12 (a) IN GENERAL.—Not later than 270 days after the 

13 date of enactment of this Act, the Commission shall submit 

14 to the appropriate committees of Congress a report address15 ing any unique licensing issues or requirements relating 

16 to— 

17 (1) the flexible operation of advanced nuclear re18 actors, such as ramping power output and switching 

19 between electricity generation and nonelectric appli20 cations; 

21 (2) the use of advanced nuclear reactors exclu22 sively for nonelectric applications; and 

23 (3) the colocation of nuclear reactors with indus24 trial plants or other facilities. 
32 

•S 870 EAH 

1 (b) STAKEHOLDER INPUT.—In developing the report 

2 under subsection (a), the Commission shall seek input 

3 from— 

4 (1) the Secretary of Energy; 

5 (2) the nuclear energy industry; 

6 (3) technology developers; 

7 (4) the industrial, chemical, and medical sectors; 

8 (5) nongovernmental organizations; and 

9 (6) other public stakeholders. 

10 (c) CONTENTS.— 

11 (1) IN GENERAL.—The report under subsection 

12 (a) shall describe— 

13 (A) any unique licensing issues or require14 ments relating to the matters described in para15 graphs (1) through (3) of subsection (a), includ16 ing, with respect to the nonelectric applications 

17 referred to in paragraphs (1) and (2) of that 

18 subsection, any licensing issues or requirements 

19 relating to the use of nuclear energy— 

20 (i) for hydrogen or other liquid and 

21 gaseous fuel or chemical production; 

22 (ii) for water desalination and waste23 water treatment; 

24 (iii) for heat used for industrial proc25 esses; 
33 

•S 870 EAH 

1 (iv) for district heating; 

2 (v) in relation to energy storage; 

3 (vi) for industrial or medical isotope 

4 production; and 

5 (vii) for other applications, as identi6 fied by the Commission; 

7 (B) options for addressing those issues or 

8 requirements— 

9 (i) within the existing regulatory 

10 framework; 

11 (ii) as part of the technology-inclusive 

12 regulatory framework required under sub13 section (a)(4) of section 103 of the Nuclear 

14 Energy Innovation and Modernization Act 

15 (42 U.S.C. 2133 note; Public Law 115– 

16 439); or 

17 (iii) through a new rulemaking; and 

18 (C) the extent to which Commission action 

19 is needed to implement any matter described in 

20 the report. 

21 (2) COST ESTIMATES, BUDGETS, AND TIME22 FRAMES.—The report shall include cost estimates, 

23 proposed budgets, and proposed timeframes for imple24 menting risk-informed and performance-based regu-
34 

•S 870 EAH 

1 latory guidance in the licensing of nuclear reactors 

2 for nonelectric applications. 

3 SEC. 204. ENABLING PREPARATIONS FOR THE DEMONSTRA4 TION OF ADVANCED NUCLEAR REACTORS ON 

5 DEPARTMENT OF ENERGY SITES OR CRITICAL 

6 NATIONAL SECURITY INFRASTRUCTURE 

7 SITES. 

8 (a) IN GENERAL.—Section 102(b)(1)(B) of the Nuclear 

9 Energy Innovation and Modernization Act (42 U.S.C. 

10 2215(b)(1)(B)) (as amended by section 201(b)) is amended 

11 by adding at the end the following: 

12 ‘‘(vii) Costs for— 

13 ‘‘(I) activities to review and ap14 prove or disapprove an application for 

15 an early site permit (as defined in sec16 tion 52.1 of title 10, Code of Federal 

17 Regulations (or any successor regula18 tion)) to demonstrate an advanced nu19 clear reactor on a Department of En20 ergy site or critical national security 

21 infrastructure (as defined in section 

22 327(d) of the John S. McCain National 

23 Defense Authorization Act for Fiscal 

24 Year 2019 (Public Law 115–232; 132 

25 Stat. 1722)) site; and 
35 

•S 870 EAH 

1 ‘‘(II) pre-application activities re2 lating to an early site permit (as de3 fined in section 52.1 of title 10, Code 

4 of Federal Regulations (or any suc5 cessor regulation)) to demonstrate an 

6 advanced nuclear reactor on a Depart7 ment of Energy site or critical na8 tional security infrastructure (as de9 fined in section 327(d) of the John S. 

10 McCain National Defense Authoriza11 tion Act for Fiscal Year 2019 (Public 

12 Law 115–232; 132 Stat. 1722)) site.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect on October 1, 2025. 

15 SEC. 205. FUSION ENERGY REGULATION. 

16 (a) DEFINITION.—Section 11 of the Atomic Energy 

17 Act of 1954 (42 U.S.C. 2014) is amended— 

18 (1) in subsection e.— 

19 (A) in paragraph (3)(B)— 

20 (i) in clause (i), by inserting ‘‘, includ21 ing by use of a fusion machine’’ after ‘‘par22 ticle accelerator’’; and 

23 (ii) in clause (ii), by inserting ‘‘if 

24 made radioactive by use of a particle accel-
36 

•S 870 EAH 

1 erator that is not a fusion machine,’’ before 

2 ‘‘is produced’’; 

3 (2) in each of subsections ee. through hh., by in4 serting a subsection heading, the text of which com5 prises the term defined in the subsection; 

6 (3) by redesignating subsections ee., ff., gg., hh., 

7 and jj. as subsections jj., gg., hh., ii., and ff., respec8 tively, and moving the subsections so as to appear in 

9 alphabetical order; 

10 (4) in subsection dd., by striking ‘‘dd. The’’ and 

11 inserting the following: 

12 ‘‘ee. HIGH-LEVEL RADIOACTIVE WASTE; SPENT NU13 CLEAR FUEL.—The’’; and 

14 (5) by inserting after subsection cc. the following: 

15 ‘‘dd. FUSION MACHINE.—The term ‘fusion machine’ 

16 means a machine that is capable of— 

17 ‘‘(1) transforming atomic nuclei, through fusion 

18 processes, into different elements, isotopes, or other 

19 particles; and 

20 ‘‘(2) directly capturing and using the resultant 

21 products, including particles, heat, or other electro22 magnetic radiation.’’. 

23 (b) TECHNICAL AND CONFORMING CHANGES.— 
37 

•S 870 EAH 

1 (1) IN GENERAL.—Section 103(a) of the Nuclear 

2 Energy Innovation and Modernization Act (42 U.S.C. 

3 2133 note; Public Law 115–439) is amended— 

4 (A) in paragraph (4), by striking ‘‘inclu5 sive,’’ and inserting ‘‘inclusive’’; and 

6 (B) in paragraph (5)(B)(ii), by inserting 

7 ‘‘(including fusion machine license applica8 tions)’’ after ‘‘commercial advanced nuclear reac9 tor license applications’’. 

10 (2) DEFINITIONS.—Section 3 of the Nuclear En11 ergy Innovation and Modernization Act (42 U.S.C. 

12 2215 note; Public Law 115–439) (as amended by sec13 tion 201(a)) is amended— 

14 (A) in paragraph (1), in the matter pre15 ceding subparagraph (A), by striking ‘‘or fusion 

16 reactor’’ and inserting ‘‘reactor or fusion ma17 chine’’; 

18 (B) by redesignating paragraphs (11) 

19 through (21) as paragraphs (12) through (22), 

20 respectively; and 

21 (C) by inserting after paragraph (10) the 

22 following: 

23 ‘‘(11) FUSION MACHINE.—The term ‘fusion ma24 chine’ has the meaning given the term in section 11 

25 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).’’. 
38 

•S 870 EAH 

1 (c) REPORT.— 

2 (1) DEFINITIONS.—In this subsection: 

3 (A) AGREEMENT STATE.—The term ‘‘Agree4 ment State’’ has the meaning given the term in 

5 section 3 of the Nuclear Energy Innovation and 

6 Modernization Act (42 U.S.C. 2215 note; Public 

7 Law 115–439). 

8 (B) FUSION MACHINE.—The term ‘‘fusion 

9 machine’’ has the meaning given the term in sec10 tion 11 of the Atomic Energy Act of 1954 (42 

11 U.S.C. 2014). 

12 (2) REQUIREMENT.—Not later than 1 year after 

13 the date of enactment of this Act, the Commission 

14 shall submit to the appropriate committees of Con15 gress a report on— 

16 (A) the results of a study, conducted in con17 sultation with Agreement States and the private 

18 fusion sector, on risk- and performance-based, 

19 design-specific licensing frameworks for mass20 manufactured fusion machines, including an 

21 evaluation of the design, manufacturing, and op22 erations certification process used by the Federal 

23 Aviation Administration for aircraft as a poten24 tial model for mass-manufactured fusion ma25 chine regulations; and 
39 

•S 870 EAH 

1 (B) the estimated timeline for the Commis2 sion to issue consolidated guidance or regulations 

3 for licensing mass-manufactured fusion ma4 chines, taking into account— 

5 (i) the results of that study; and 

6 (ii) the anticipated need for such guid7 ance or regulations. 

8 SEC. 206. REGULATORY ISSUES FOR NUCLEAR FACILITIES 

9 AT BROWNFIELD SITES. 

10 (a) DEFINITIONS.—In this section: 

11 (1) BROWNFIELD SITE.—The term ‘‘brownfield 

12 site’’ has the meaning given the term in section 101 

13 of the Comprehensive Environmental Response, Com14 pensation, and Liability Act of 1980 (42 U.S.C. 

15 9601). 

16 (2) COVERED SITE.—The term ‘‘covered site’’ 

17 means a brownfield site, a retired fossil fuel site, or 

18 a site that is both a retired fossil fuel site and a 

19 brownfield site. 

20 (3) PRODUCTION FACILITY.—The term ‘‘produc21 tion facility’’ has the meaning given the term in sec22 tion 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

23 2014). 

24 (4) RETIRED FOSSIL FUEL SITE.—The term ‘‘re25 tired fossil fuel site’’ means the site of 1 or more fossil 
40 

•S 870 EAH 

1 fuel electric generation facilities that are retired or 

2 scheduled to retire, including multi-unit facilities that 

3 are partially shut down. 

4 (5) UTILIZATION FACILITY.—The term ‘‘utiliza5 tion facility’’ has the meaning given the term in sec6 tion 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

7 2014). 

8 (b) IDENTIFICATION OF REGULATORY ISSUES.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this Act, the Commission 

11 shall evaluate the extent to which modification of reg12 ulations, guidance, or policy is needed to enable effi13 cient, timely, and predictable licensing reviews for, 

14 and to support the oversight of, production facilities 

15 or utilization facilities at covered sites. 

16 (2) REQUIREMENT.—In carrying out paragraph 

17 (1), the Commission shall consider how licensing re18 views for production facilities or utilization facilities 

19 at covered sites may be expedited by considering mat20 ters relating to siting and operating a production fa21 cility or a utilization facility at or near a covered 

22 site to support— 

23 (A) the reuse of existing site infrastructure, 

24 including— 
41 

•S 870 EAH 

1 (i) electric switchyard components and 

2 transmission infrastructure; 

3 (ii) heat-sink components; 

4 (iii) steam cycle components; 

5 (iv) roads; 

6 (v) railroad access; and 

7 (vi) water availability; 

8 (B) the use of early site permits; 

9 (C) the utilization of plant parameter enve10 lopes or similar standardized site parameters on 

11 a portion of a larger site; and 

12 (D) the use of a standardized application 

13 for similar sites. 

14 (3) REPORT.—Not later than 14 months after the 

15 date of enactment of this Act, the Commission shall 

16 submit to the appropriate committees of Congress a 

17 report describing any regulations, guidance, and poli18 cies identified under paragraph (1). 

19 (c) LICENSING.— 

20 (1) IN GENERAL.—Not later than 2 years after 

21 the date of enactment of this Act, the Commission 

22 shall— 

23 (A) develop and implement strategies to en24 able efficient, timely, and predictable licensing 

25 reviews for, and to support the oversight of, pro-
42 

•S 870 EAH 

1 duction facilities or utilization facilities at cov2 ered sites; or 

3 (B) initiate a rulemaking to enable effi4 cient, timely, and predictable licensing reviews 

5 for, and to support the oversight of, production 

6 facilities or utilization facilities at covered sites. 

7 (2) REQUIREMENTS.—In carrying out para8 graph (1), consistent with the mission of the Commis9 sion, the Commission shall consider matters relating 

10 to— 

11 (A) the use of existing site infrastructure; 

12 (B) existing emergency preparedness orga13 nizations and planning; 

14 (C) the availability of historical site-specific 

15 environmental data; 

16 (D) previously completed environmental re17 views required by the National Environmental 

18 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

19 (E) activities associated with the potential 

20 decommissioning of facilities or decontamination 

21 and remediation at covered sites; and 

22 (F) community engagement and historical 

23 experience with energy production. 

24 (d) REPORT.—Not later than 3 years after the date 

25 of enactment of this Act, the Commission shall submit to 
43 

•S 870 EAH 

1 the appropriate committees of Congress a report describing 

2 the actions taken by the Commission under subsection 

3 (c)(1). 

4 SEC. 207. COMBINED LICENSE REVIEW PROCEDURE. 

5 (a) IN GENERAL.—In accordance with this section, the 

6 Commission shall establish and carry out an expedited pro7 cedure for issuing a combined license pursuant to section 

8 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 

9 2235(b)). 

10 (b) QUALIFICATIONS.—To qualify for the expedited 

11 procedure under subsection (a), an applicant— 

12 (1) shall submit a combined license application 

13 for a new nuclear reactor that— 

14 (A) references a design for which the Com15 mission has issued a design certification (as de16 fined in section 52.1 of title 10, Code of Federal 

17 Regulations (or any successor regulation)); or 

18 (B) has a design that is substantially simi19 lar to a design of a nuclear reactor for which the 

20 Commission has issued a combined license, an 

21 operating license, or a manufacturing license 

22 under the Atomic Energy Act of 1954 (42 U.S.C. 

23 2011 et seq.); 

24 (2) shall propose to construct the new nuclear re25 actor on a site— 
44 

•S 870 EAH 

1 (A) on which a licensed commercial nuclear 

2 reactor operates or previously operated; or 

3 (B) that is directly adjacent to a site on 

4 which a licensed commercial nuclear reactor op5 erates or previously operated and has site char6 acteristics that are substantially similar to that 

7 site; and 

8 (3) may not be subject to an order of the Com9 mission to suspend or revoke a license under section 

10 2.202 of title 10, Code of Federal Regulations (or any 

11 successor regulation). 

12 (c) EXPEDITED PROCEDURE.—With respect to a com13 bined license for which the applicant has satisfied the re14 quirements described in subsection (b), the Commission 

15 shall, to the maximum extent practicable— 

16 (1) not later than 18 months after the date on 

17 which the application is accepted for docketing— 

18 (A) complete the technical review process 

19 and issue a safety evaluation report; and 

20 (B) issue a final environmental impact 

21 statement or environmental assessment, unless 

22 the Commission finds that the proposed agency 

23 action is excluded pursuant to a categorical ex24 clusion in accordance with the National Envi-
45 

•S 870 EAH 

1 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.); 

3 (2) not later than 2 years after the date on 

4 which the application is accepted for docketing, com5 plete any necessary public licensing hearings and re6 lated processes; and 

7 (3) not later than 25 months after the date on 

8 which the application is accepted for docketing, make 

9 a final decision on whether to issue the combined li10 cense. 

11 (d) PERFORMANCE AND REPORTING.— 

12 (1) DELAYS IN ISSUANCE.—Not later than 30 

13 days after the applicable deadline, the Executive Di14 rector for Operations of the Commission shall inform 

15 the Commission of any failure to meet a deadline 

16 under subsection (c). 

17 (2) DELAYS IN ISSUANCE EXCEEDING 90 DAYS.— 

18 If any deadline under subsection (c) is not met by the 

19 date that is 90 days after the applicable date required 

20 under that subsection, the Commission shall submit to 

21 the appropriate committees of Congress a report de22 scribing the delay, including— 

23 (A) a detailed explanation accounting for 

24 the delay; and 
46 

•S 870 EAH 

1 (B) a plan for completion of the applicable 

2 action. 

3 SEC. 208. REGULATORY REQUIREMENTS FOR MICRO-REAC4 TORS. 

5 (a) MICRO-REACTOR LICENSING.—The Commission 

6 shall— 

7 (1) not later than 18 months after the date of en8 actment of this Act, develop risk-informed and per9 formance-based strategies and guidance to license and 

10 regulate micro-reactors pursuant to section 103 of the 

11 Atomic Energy Act of 1954 (42 U.S.C. 2133), includ12 ing strategies and guidance for— 

13 (A) staffing and operations; 

14 (B) oversight and inspections; 

15 (C) safeguards and security; 

16 (D) emergency preparedness; 

17 (E) risk analysis methods, including alter18 natives to probabilistic risk assessments; 

19 (F) decommissioning funding assurance 

20 methods that permit the use of design- and site21 specific cost estimates; 

22 (G) the transportation of fueled micro-reac23 tors; and 

24 (H) siting, including in relation to— 
47 

•S 870 EAH 

1 (i) the population density criterion 

2 limit described in the policy issue paper on 

3 population-related siting considerations for 

4 advanced reactors dated May 8, 2020, and 

5 numbered SECY–20–0045; 

6 (ii) licensing mobile deployment; and 

7 (iii) environmental reviews; and 

8 (2) not later than 3 years after the date of enact9 ment of this Act, implement, as appropriate, the 

10 strategies and guidance developed under paragraph 

11 (1)— 

12 (A) within the existing regulatory frame13 work; 

14 (B) through the technology-inclusive regu15 latory framework to be established under section 

16 103(a)(4) of the Nuclear Energy Innovation and 

17 Modernization Act (42 U.S.C. 2133 note; Public 

18 Law 115–439); or 

19 (C) through a pending or new rulemaking. 

20 (b) CONSIDERATIONS.—In developing and imple21 menting strategies and guidance under subsection (a), the 

22 Commission shall consider— 

23 (1) the unique characteristics of micro-reactors, 

24 including characteristics relating to— 

25 (A) physical size; 
48 

•S 870 EAH 

1 (B) design simplicity; and 

2 (C) source term; 

3 (2) opportunities to address redundancies and 

4 inefficiencies; 

5 (3) opportunities to consolidate review phases 

6 and reduce transitions between review teams; 

7 (4) opportunities to establish integrated review 

8 teams to ensure continuity throughout the review 

9 process; and 

10 (5) other relevant considerations discussed in the 

11 policy issue paper on policy and licensing consider12 ations related to micro-reactors dated October 6, 

13 2020, and numbered SECY–20–0093. 

14 (c) CONSULTATION.—In carrying out subsection (a), 

15 the Commission shall consult with— 

16 (1) the Secretary of Energy; 

17 (2) the heads of other Federal agencies, as appro18 priate; 

19 (3) micro-reactor technology developers; and 

20 (4) other stakeholders. 
49 

•S 870 EAH 

1 TITLE III—PRESERVING EXIST2 ING NUCLEAR ENERGY GEN3 ERATION 

4 SEC. 301. FOREIGN OWNERSHIP. 

5 (a) IN GENERAL.—The prohibitions against issuing 

6 certain licenses for utilization facilities to certain aliens, 

7 corporations, and other entities described in the second sen8 tence of section 103 d. of the Atomic Energy Act of 1954 

9 (42 U.S.C. 2133(d)) and the second sentence of section 104 

10 d. of that Act (42 U.S.C. 2134(d)) shall not apply to an 

11 entity described in subsection (b) if the Commission deter12 mines that issuance of the applicable license to that entity 

13 is not inimical to— 

14 (1) the common defense and security; or 

15 (2) the health and safety of the public. 

16 (b) ENTITIES DESCRIBED.— 

17 (1) IN GENERAL.—An entity referred to in sub18 section (a) is an alien, corporation, or other entity 

19 that is owned, controlled, or dominated by— 

20 (A) the government of— 

21 (i) a country, other than a country de22 scribed in paragraph (2), that is a member 

23 of the Organisation for Economic Co-oper24 ation and Development on the date of enact25 ment of this Act; or 
50 

•S 870 EAH 

1 (ii) the Republic of India; 

2 (B) a corporation that is incorporated in a 

3 country described in clause (i) or (ii) of sub4 paragraph (A); or 

5 (C) an alien who is a citizen or national of 

6 a country described in clause (i) or (ii) of sub7 paragraph (A). 

8 (2) EXCLUSION.—A country described in this 

9 paragraph is a country— 

10 (A) any department, agency, or instrumen11 tality of the government of which, on the date of 

12 enactment of this Act, is subject to sanctions 

13 under section 231 of the Countering America’s 

14 Adversaries Through Sanctions Act (22 U.S.C. 

15 9525); or 

16 (B) any citizen, national, or entity of 

17 which, as of the date of enactment of this Act, is 

18 included on the List of Specially Designated Na19 tionals and Blocked Persons maintained by the 

20 Office of Foreign Assets Control of the Depart21 ment of the Treasury pursuant to sanctions im22 posed under section 231 of the Countering Amer23 ica’s Adversaries Through Sanctions Act (22 

24 U.S.C. 9525). 
51 

•S 870 EAH 

1 (c) TECHNICAL AMENDMENT.—Section 103 d. of the 

2 Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amend3 ed, in the second sentence, by striking ‘‘any any’’ and in4 serting ‘‘any’’. 

5 (d) SAVINGS CLAUSE.—Nothing in this section affects 

6 the requirements of section 721 of the Defense Production 

7 Act of 1950 (50 U.S.C. 4565). 

8 TITLE IV—NUCLEAR FUEL 

9 CYCLE, SUPPLY CHAIN, IN10 FRASTRUCTURE, AND WORK11 FORCE 

12 SEC. 401. REPORT ON ADVANCED METHODS OF MANUFAC13 TURING AND CONSTRUCTION FOR NUCLEAR 

14 ENERGY PROJECTS. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of enactment of this Act, the Commission shall submit 

17 to the appropriate committees of Congress a report (referred 

18 to in this section as the ‘‘report’’) on manufacturing and 

19 construction for nuclear energy projects. 

20 (b) STAKEHOLDER INPUT.—In developing the report, 

21 the Commission shall seek input from— 

22 (1) the Secretary of Energy; 

23 (2) the nuclear energy industry; 

24 (3) National Laboratories; 

25 (4) institutions of higher education; 
52 

•S 870 EAH 

1 (5) nuclear and manufacturing technology devel2 opers; 

3 (6) the manufacturing and construction indus4 tries, including manufacturing and construction com5 panies with operating facilities in the United States; 

6 (7) standards development organizations; 

7 (8) labor unions; 

8 (9) nongovernmental organizations; and 

9 (10) other public stakeholders. 

10 (c) CONTENTS.— 

11 (1) IN GENERAL.—The report shall— 

12 (A) examine any unique licensing issues or 

13 requirements relating to the use, for nuclear en14 ergy projects, of— 

15 (i) advanced manufacturing processes; 

16 (ii) advanced construction techniques; 

17 and 

18 (iii) rapid improvement or iterative 

19 innovation processes; 

20 (B) examine— 

21 (i) the requirements for nuclear-grade 

22 components in manufacturing and construc23 tion for nuclear energy projects; 

24 (ii) opportunities to use standard ma25 terials, parts, or components in manufac-
53 

•S 870 EAH 

1 turing and construction for nuclear energy 

2 projects; 

3 (iii) opportunities to use standard ma4 terials that are in compliance with existing 

5 codes and standards to provide acceptable 

6 approaches to support or encapsulate new 

7 materials that do not yet have applicable 

8 codes and standards; and 

9 (iv) requirements relating to the trans10 port of a fueled advanced nuclear reactor 

11 core from a manufacturing licensee to a li12 censee that holds a license to construct and 

13 operate a facility at a particular site; 

14 (C) identify safety aspects of advanced 

15 manufacturing processes and advanced construc16 tion techniques that are not addressed by exist17 ing codes and standards, so that generic guid18 ance may be updated or created, as necessary; 

19 (D) identify options for addressing the 

20 issues, requirements, and opportunities examined 

21 under subparagraphs (A) and (B)— 

22 (i) within the existing regulatory 

23 framework; or 

24 (ii) through a new rulemaking; 
54 

•S 870 EAH 

1 (E) identify how addressing the issues, re2 quirements, and opportunities examined under 

3 subparagraphs (A) and (B) will impact opportu4 nities for domestic nuclear manufacturing and 

5 construction developers; and 

6 (F) describe the extent to which Commission 

7 action is needed to implement any matter de8 scribed in the report. 

9 (2) COST ESTIMATES, BUDGETS, AND TIME10 FRAMES.—The report shall include cost estimates, 

11 proposed budgets, and proposed timeframes for imple12 menting risk-informed and performance-based regu13 latory guidance for advanced manufacturing and con14 struction for nuclear energy projects. 

15 SEC. 402. NUCLEAR ENERGY TRAINEESHIP. 

16 Section 313 of division C of the Omnibus Appropria17 tions Act, 2009 (42 U.S.C. 16274a), is amended— 

18 (1) in subsection (a), by striking ‘‘Nuclear Regu19 latory’’; 

20 (2) in subsection (b)(1), in the matter preceding 

21 subparagraph (A), by inserting ‘‘and subsection (c)’’ 

22 after ‘‘paragraph (2)’’; 

23 (3) in subsection (c)— 

24 (A) by redesignating paragraph (2) as 

25 paragraph (5); and 
55 

•S 870 EAH 

1 (B) by striking paragraph (1) and inserting 

2 the following: 

3 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The term 

4 ‘advanced nuclear reactor’ has the meaning given the 

5 term in section 951(b) of the Energy Policy Act of 

6 2005 (42 U.S.C. 16271(b)). 

7 ‘‘(2) COMMISSION.—The term ‘Commission’ 

8 means the Nuclear Regulatory Commission. 

9 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

10 term ‘institution of higher education’ has the meaning 

11 given the term in section 2 of the Energy Policy Act 

12 of 2005 (42 U.S.C. 15801). 

13 ‘‘(4) NATIONAL LABORATORY.—The term ‘Na14 tional Laboratory’ has the meaning given the term in 

15 section 951(b) of the Energy Policy Act of 2005 (42 

16 U.S.C. 16271(b)).’’; 

17 (4) in subsection (d)(2), by striking ‘‘Nuclear 

18 Regulatory’’; 

19 (5) by redesignating subsections (c) and (d) as 

20 subsections (d) and (e), respectively; and 

21 (6) by inserting after subsection (b) the fol22 lowing: 

23 ‘‘(c) NUCLEAR ENERGY TRAINEESHIP SUBPRO24 GRAM.— 
56 

•S 870 EAH 

1 ‘‘(1) IN GENERAL.—The Commission shall estab2 lish, as a subprogram of the Program, a nuclear en3 ergy traineeship subprogram under which the Com4 mission, in coordination with institutions of higher 

5 education and trade schools, shall competitively 

6 award traineeships that provide focused training to 

7 meet critical mission needs of the Commission and 

8 nuclear workforce needs, including needs relating to 

9 the nuclear tradecraft workforce. 

10 ‘‘(2) REQUIREMENTS.—In carrying out the nu11 clear energy traineeship subprogram described in 

12 paragraph (1), the Commission shall— 

13 ‘‘(A) coordinate with the Secretary of En14 ergy to prioritize the funding of traineeships that 

15 focus on— 

16 ‘‘(i) nuclear workforce needs; and 

17 ‘‘(ii) critical mission needs of the Com18 mission; 

19 ‘‘(B) encourage appropriate partnerships 

20 among— 

21 ‘‘(i) National Laboratories; 

22 ‘‘(ii) institutions of higher education; 

23 ‘‘(iii) trade schools; 

24 ‘‘(iv) the nuclear energy industry; and 
57 

•S 870 EAH 

1 ‘‘(v) other entities, as the Commission 

2 determines to be appropriate; and 

3 ‘‘(C) on an annual basis, evaluate nuclear 

4 workforce needs for the purpose of implementing 

5 traineeships in focused topical areas that— 

6 ‘‘(i) address the workforce needs of the 

7 nuclear energy community; and 

8 ‘‘(ii) support critical mission needs of 

9 the Commission.’’. 

10 SEC. 403. BIENNIAL REPORT ON THE SPENT NUCLEAR FUEL 

11 AND HIGH-LEVEL RADIOACTIVE WASTE IN12 VENTORY IN THE UNITED STATES. 

13 (a) DEFINITIONS.—In this section: 

14 (1) HIGH-LEVEL RADIOACTIVE WASTE.—The 

15 term ‘‘high-level radioactive waste’’ has the meaning 

16 given the term in section 2 of the Nuclear Waste Pol17 icy Act of 1982 (42 U.S.C. 10101). 

18 (2) SPENT NUCLEAR FUEL.—The term ‘‘spent 

19 nuclear fuel’’ has the meaning given the term in sec20 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

21 U.S.C. 10101). 

22 (3) STANDARD CONTRACT.—The term ‘‘standard 

23 contract’’ has the meaning given the term ‘‘contract’’ 

24 in section 961.3 of title 10, Code of Federal Regula25 tions (or any successor regulation). 
58 

•S 870 EAH 

1 (b) REPORT.—Not later than January 1, 2026, and 

2 biennially thereafter, the Secretary of Energy shall submit 

3 to Congress a report that describes— 

4 (1) the annual and cumulative amount of pay5 ments made by the United States to the holder of a 

6 standard contract due to a partial breach of contract 

7 under the Nuclear Waste Policy Act of 1982 (42 

8 U.S.C. 10101 et seq.) resulting in financial damages 

9 to the holder; 

10 (2) the cumulative amount spent by the Depart11 ment of Energy since fiscal year 2008 to reduce fu12 ture payments projected to be made by the United 

13 States to any holder of a standard contract due to a 

14 partial breach of contract under the Nuclear Waste 

15 Policy Act of 1982 (42 U.S.C. 10101 et seq.); 

16 (3) the cumulative amount spent by the Depart17 ment of Energy to store, manage, and dispose of spent 

18 nuclear fuel and high-level radioactive waste in the 

19 United States as of the date of the report; 

20 (4) the projected lifecycle costs to store, manage, 

21 transport, and dispose of the projected inventory of 

22 spent nuclear fuel and high-level radioactive waste in 

23 the United States, including spent nuclear fuel and 

24 high-level radioactive waste expected to be generated 

25 from existing reactors through 2050; 
59 

•S 870 EAH 

1 (5) any mechanisms for better accounting of li2 abilities for the lifecycle costs of the spent nuclear fuel 

3 and high-level radioactive waste inventory in the 

4 United States; 

5 (6) any recommendations for improving the 

6 methods used by the Department of Energy for the ac7 counting of spent nuclear fuel and high-level radio8 active waste costs and liabilities; 

9 (7) any actions taken in the previous fiscal year 

10 by the Department of Energy with respect to interim 

11 storage; and 

12 (8) any activities taken in the previous fiscal 

13 year by the Department of Energy to develop and de14 ploy nuclear technologies and fuels that enhance the 

15 safe transportation or storage of spent nuclear fuel or 

16 high-level radioactive waste, including technologies to 

17 protect against seismic, flooding, and other extreme 

18 weather events. 

19 SEC. 404. DEVELOPMENT, QUALIFICATION, AND LICENSING 

20 OF ADVANCED NUCLEAR FUEL CONCEPTS. 

21 (a) IN GENERAL.—The Commission shall establish an 

22 initiative to enhance preparedness and coordination with 

23 respect to the qualification and licensing of advanced nu24 clear fuel. 
60 

•S 870 EAH 

1 (b) AGENCY COORDINATION.—Not later than 180 days 

2 after the date of enactment of this Act, the Commission and 

3 the Secretary of Energy shall enter into a memorandum 

4 of understanding— 

5 (1) to share technical expertise and knowledge 

6 through— 

7 (A) enabling the testing and demonstration 

8 of accident tolerant fuels for existing commercial 

9 nuclear reactors and advanced nuclear reactor 

10 fuel concepts to be proposed and funded, in whole 

11 or in part, by the private sector; 

12 (B) operating a database to store and share 

13 data and knowledge relevant to nuclear science 

14 and engineering between Federal agencies and 

15 the private sector; 

16 (C) leveraging expertise with respect to safe17 ty analysis and research relating to advanced 

18 nuclear fuel; and 

19 (D) enabling technical staff to actively ob20 serve and learn about technologies, with an em21 phasis on identification of additional informa22 tion needed with respect to advanced nuclear 

23 fuel; and 

24 (2) to ensure that— 
61 

•S 870 EAH 

1 (A) the Department of Energy has sufficient 

2 technical expertise to support the timely re3 search, development, demonstration, and com4 mercial application of advanced nuclear fuel; 

5 (B) the Commission has sufficient technical 

6 expertise to support the evaluation of applica7 tions for licenses, permits, and design certifi8 cations and other requests for regulatory ap9 proval for advanced nuclear fuel; 

10 (C)(i) the Department of Energy maintains 

11 and develops the facilities necessary to enable the 

12 timely research, development, demonstration, 

13 and commercial application by the civilian nu14 clear industry of advanced nuclear fuel; and 

15 (ii) the Commission has access to the facili16 ties described in clause (i), as needed; and 

17 (D) the Commission consults, as appro18 priate, with the modeling and simulation experts 

19 at the Office of Nuclear Energy of the Depart20 ment of Energy, at the National Laboratories, 

21 and within industry fuel vendor teams in coop22 erative agreements with the Department of En23 ergy to leverage physics-based computer modeling 

24 and simulation capabilities. 

25 (c) REPORT.— 
62 

•S 870 EAH 

1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, the Commission 

3 shall submit to the appropriate committees of Con4 gress a report describing the efforts of the Commission 

5 under subsection (a), including— 

6 (A) an assessment of the preparedness of the 

7 Commission to review and qualify for use— 

8 (i) accident tolerant fuel; 

9 (ii) ceramic cladding materials; 

10 (iii) fuels containing silicon carbide; 

11 (iv) high-assay, low-enriched uranium 

12 fuels; 

13 (v) molten-salt based liquid fuels; 

14 (vi) fuels derived from spent nuclear 

15 fuel or depleted uranium; and 

16 (vii) other related fuel concepts, as de17 termined by the Commission; 

18 (B) activities planned or undertaken under 

19 the memorandum of understanding described in 

20 subsection (b); 

21 (C) an accounting of the areas of research 

22 needed with respect to advanced nuclear fuel; 

23 and 

24 (D) any other challenges or considerations 

25 identified by the Commission. 
63 

•S 870 EAH 

1 (2) CONSULTATION.—In developing the report 

2 under paragraph (1), the Commission shall seek input 

3 from— 

4 (A) the Secretary of Energy; 

5 (B) National Laboratories; 

6 (C) the nuclear energy industry; 

7 (D) technology developers; 

8 (E) nongovernmental organizations; and 

9 (F) other public stakeholders. 

10 TITLE V—IMPROVING 

11 COMMISSION EFFICIENCY 

12 SEC. 501. MISSION ALIGNMENT. 

13 (a) UPDATE.—Not later than 1 year after the date of 

14 enactment of this Act, the Commission shall, while remain15 ing consistent with the policies of the Atomic Energy Act 

16 of 1954 (42 U.S.C. 2011 et seq.) and the Energy Reorga17 nization Act of 1974 (42 U.S.C. 5801 et seq.) (including 

18 to provide reasonable assurance of adequate protection of 

19 the public health and safety, to promote the common defense 

20 and security, and to protect the environment), update the 

21 mission statement of the Commission to include that licens22 ing and regulation of the civilian use of radioactive mate23 rials and nuclear energy be conducted in a manner that 

24 is efficient and does not unnecessarily limit— 
64 

•S 870 EAH 

1 (1) the civilian use of radioactive materials and 

2 deployment of nuclear energy; or 

3 (2) the benefits of civilian use of radioactive ma4 terials and nuclear energy technology to society. 

5 (b) REPORT.—On completion of the update to the mis6 sion statement required under subsection (a), the Commis7 sion shall submit to the appropriate committees of Congress 

8 a report that describes— 

9 (1) the updated mission statement; and 

10 (2) the guidance that the Commission will pro11 vide to staff of the Commission to ensure effective per12 formance of the mission of the Commission. 

13 SEC. 502. STRENGTHENING THE NRC WORKFORCE. 

14 (a) COMMISSION WORKFORCE.— 

15 (1) GENERAL AUTHORITY.—The Atomic Energy 

16 Act of 1954 (42 U.S.C. 2011 et seq.) is amended by 

17 inserting after section 161A the following: 

18 ‘‘SEC. 161B. COMMISSION WORKFORCE. 

19 ‘‘(a) DIRECT HIRE AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding section 161 

21 d. of this Act and any provision of Reorganization 

22 Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), 

23 and without regard to any provision of title 5 (except 

24 section 3328), United States Code, governing appoint25 ments in the civil service, the Chairman of the Nu-
65 

•S 870 EAH 

1 clear Regulatory Commission (in this section referred 

2 to as the ‘Chairman’) may, in order to carry out the 

3 Nuclear Regulatory Commission’s (in this section re4 ferred to as the ‘Commission’) responsibilities and ac5 tivities in a timely, efficient, and effective manner 

6 and subject to the limitations described in paragraphs 

7 (2), (3), and (4)— 

8 ‘‘(A) recruit and directly appoint exception9 ally well-qualified individuals into the excepted 

10 service for covered positions; and 

11 ‘‘(B) establish in the excepted service term12 limited covered positions and recruit and di13 rectly appoint exceptionally well-qualified indi14 viduals into such term-limited covered positions, 

15 which may not exceed a term of 4 years. 

16 ‘‘(2) LIMITATIONS.— 

17 ‘‘(A) NUMBER.— 

18 ‘‘(i) IN GENERAL.—The number of ex19 ceptionally well-qualified individuals serv20 ing in covered positions pursuant to para21 graph (1)(A) may not exceed 210 at any 

22 one time. 

23 ‘‘(ii) TERM-LIMITED COVERED POSI24 TIONS.—The Chairman may not appoint 

25 more than 20 exceptionally well-qualified 
66 

•S 870 EAH 

1 individuals into term-limited covered posi2 tions pursuant to paragraph (1)(B) during 

3 any fiscal year. 

4 ‘‘(B) COMPENSATION.— 

5 ‘‘(i) ANNUAL RATE.—The annual basic 

6 rate of pay for any individual appointed 

7 under paragraph (1)(A) or paragraph 

8 (1)(B) may not exceed the annual basic rate 

9 of pay for level III of the Executive Sched10 ule under section 5314 of title 5, United 

11 States Code. 

12 ‘‘(ii) EXPERIENCE AND QUALIFICA13 TIONS.—Any individual recruited and di14 rectly appointed into a covered position or 

15 a term-limited covered position shall be 

16 compensated at a rate of pay that is com17 mensurate with such individual’s experience 

18 and qualifications. 

19 ‘‘(C) SENIOR EXECUTIVE SERVICE POSI20 TION.—The Chairman may not, under para21 graph (1)(A) or paragraph (1)(B), appoint ex22 ceptionally well-qualified individuals to any 

23 Senior Executive Service position, as defined in 

24 section 3132 of title 5, United States Code. 
67 

•S 870 EAH 

1 ‘‘(3) LEVEL OF POSITIONS.—To the extent prac2 ticable, in carrying out paragraph (1) the Chairman 

3 shall recruit and directly appoint exceptionally well4 qualified individuals into the excepted service to 

5 entry, mid, and senior level covered positions, includ6 ing term-limited covered positions. 

7 ‘‘(4) CONSIDERATION OF FUTURE WORKFORCE

8 NEEDS.—When recruiting and directly appointing ex9 ceptionally well-qualified individuals to covered posi10 tions pursuant to paragraph (1)(A), to maintain suf11 ficient flexibility under the limitations of paragraph 

12 (2)(A)(i), the Chairman shall consider the future 

13 workforce needs of the Commission to carry out its re14 sponsibilities and activities in a timely, efficient, and 

15 effective manner. 

16 ‘‘(b) ADDRESSING INSUFFICIENT COMPENSATION OF

17 EMPLOYEES AND OTHER PERSONNEL OF THE COMMIS18 SION.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding any other 

20 provision of law, the Chairman may fix the com21 pensation for employees or other personnel serving in 

22 a covered position without regard to any provision of 

23 title 5, United States Code, governing General Sched24 ule classification and pay rates. 
68 

•S 870 EAH 

1 ‘‘(2) APPLICABILITY.—The authority under this 

2 subsection to fix the compensation of employees or 

3 other personnel shall apply with respect to an em4 ployee or other personnel serving in a covered position 

5 regardless of when the employee or other personnel 

6 was hired. 

7 ‘‘(3) LIMITATIONS ON COMPENSATION.— 

8 ‘‘(A) ANNUAL RATE.—The Chairman may 

9 not use the authority under paragraph (1) to fix 

10 the compensation of employees or other per11 sonnel— 

12 ‘‘(i) at an annual rate of basic pay 

13 higher than the annual basic rate of pay for 

14 level III of the Executive Schedule under 

15 section 5314 of title 5, United States Code; 

16 or 

17 ‘‘(ii) at an annual rate of basic pay 

18 that is not commensurate with such an em19 ployee or other personnel’s experience and 

20 qualifications. 

21 ‘‘(B) SENIOR EXECUTIVE SERVICE POSI22 TIONS.—The Chairman may not use the author23 ity under paragraph (1) to fix the compensation 

24 of an employee serving in a Senior Executive 
69 

•S 870 EAH 

1 Service position, as defined in section 3132 of 

2 title 5, United States Code. 

3 ‘‘(c) ADDITIONAL COMPENSATION AUTHORITY.— 

4 ‘‘(1) FOR NEW EMPLOYEES.—The Chairman 

5 may pay an individual recruited and directly ap6 pointed under subsection (a) a 1-time hiring bonus in 

7 an amount not to exceed $25,000. 

8 ‘‘(2) FOR EXISTING EMPLOYEES.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graphs (B) and (C), an employee or other per11 sonnel who the Chairman determines exhibited 

12 exceptional performance in a fiscal year may be 

13 paid a performance bonus in an amount not to 

14 exceed the least of— 

15 ‘‘(i) $25,000; and 

16 ‘‘(ii) the amount of the limitation that 

17 is applicable for a calendar year under sec18 tion 5307(a)(1) of title 5, United States 

19 Code. 

20 ‘‘(B) EXCEPTIONAL PERFORMANCE.—Excep21 tional performance under subparagraph (A) in22 cludes— 

23 ‘‘(i) leading a project team in a timely 

24 and efficient licensing review to enable the 

25 safe use of nuclear technology; 
70 

•S 870 EAH 

1 ‘‘(ii) making significant contributions 

2 to a timely and efficient licensing review to 

3 enable the safe use of nuclear technology; 

4 ‘‘(iii) the resolution of novel or first-of5 a-kind regulatory issues; 

6 ‘‘(iv) developing or implementing li7 censing or regulatory oversight processes to 

8 improve the effectiveness of the Commission; 

9 and 

10 ‘‘(v) other performance, as determined 

11 by the Chairman. 

12 ‘‘(C) LIMITATIONS.— 

13 ‘‘(i) SUBSEQUENT BONUSES.—Any 

14 person who receives a performance bonus 

15 under subparagraph (A) may not receive 

16 another performance bonus under that sub17 paragraph for a period of 5 years thereafter. 

18 ‘‘(ii) HIRING BONUSES.—Any person 

19 who receives a 1-time hiring bonus under 

20 paragraph (1) may not receive a perform21 ance bonus under subparagraph (A) unless 

22 more than one year has elapsed since the 

23 payment of such 1-time hiring bonus. 

24 ‘‘(iii) NO BONUS FOR SENIOR EXECU25 TIVE SERVICE POSITIONS.—No person serv-
71 

•S 870 EAH 

1 ing in a Senior Executive Service position, 

2 as defined in section 3132 of title 5, United 

3 States Code, may receive a performance 

4 bonus under subparagraph (A). 

5 ‘‘(d) IMPLEMENTATION PLAN AND REPORT.— 

6 ‘‘(1) IN GENERAL.—Not later than 180 days 

7 after the date of enactment of this section, the Chair8 man shall develop and implement a plan to carry out 

9 this section. Before implementing such plan, the 

10 Chairman shall submit to the Committee on Energy 

11 and Commerce of the House of Representatives, the 

12 Committee on Environment and Public Works of the 

13 Senate, and the Office of Personnel Management a re14 port on the details of the plan. 

15 ‘‘(2) REPORT CONTENT.—The report submitted 

16 under paragraph (1) shall include— 

17 ‘‘(A) evidence and supporting documenta18 tion justifying the plan; and 

19 ‘‘(B) budgeting projections on costs and ben20 efits resulting from the plan. 

21 ‘‘(3) CONSULTATION.—The Chairman may con22 sult with the Office of Personnel Management, the Of23 fice of Management and Budget, and the Comptroller 

24 General of the United States in developing the plan 

25 under paragraph (1). 
72 

•S 870 EAH 

1 ‘‘(e) DELEGATION.—The Chairman shall delegate, sub2 ject to the direction and supervision of the Chairman, the 

3 authority provided by subsections (a), (b), and (c) to the 

4 Executive Director for Operations of the Commission. 

5 ‘‘(f) INFORMATION ON HIRING, VACANCIES, AND COM6 PENSATION.— 

7 ‘‘(1) IN GENERAL.—The Commission shall in8 clude in its budget materials submitted in support of 

9 the budget of the President (submitted to Congress 

10 pursuant to section 1105 of title 31, United States 

11 Code), for fiscal year 2026 and each fiscal year there12 after, information relating to hiring, vacancies, and 

13 compensation at the Commission. 

14 ‘‘(2) INCLUSIONS.—The information described in 

15 paragraph (1) shall include— 

16 ‘‘(A) an analysis of any trends with respect 

17 to hiring, vacancies, and compensation at the 

18 Commission; 

19 ‘‘(B) a description of the efforts to retain 

20 and attract employees or other personnel to serve 

21 in covered positions at the Commission; 

22 ‘‘(C) information that describes— 

23 ‘‘(i) how the authority provided by 

24 subsection (a) is being used to address the 

25 hiring needs of the Commission; 
73 

•S 870 EAH 

1 ‘‘(ii) the total number of exceptionally 

2 well-qualified individuals serving in— 

3 ‘‘(I) covered positions described in 

4 subsection (g)(1) pursuant to sub5 section (a)(1)(A); 

6 ‘‘(II) covered positions described 

7 in subsection (g)(2) pursuant to sub8 section (a)(1)(A); 

9 ‘‘(III) term-limited covered posi10 tions described in subsection (g)(1) 

11 pursuant to subsection (a)(1)(B); and 

12 ‘‘(IV) term-limited covered posi13 tions described in subsection (g)(2) 

14 pursuant to subsection (a)(1)(B); 

15 ‘‘(iii) how the authority provided by 

16 subsection (b) is being used to address the 

17 hiring or retention needs of the Commis18 sion; 

19 ‘‘(iv) the total number of employees or 

20 other personnel serving in a covered posi21 tion that have their compensation fixed pur22 suant to subsection (b); and 

23 ‘‘(v) the attrition levels with respect to 

24 term-limited covered positions appointed 

25 under subsection (a)(1)(B), including the 
74 

•S 870 EAH 

1 number of individuals leaving a term-lim2 ited covered position before completion of 

3 the applicable term of service and the aver4 age length of service for such individuals as 

5 a percentage of the applicable term of serv6 ice; and 

7 ‘‘(D) an assessment of— 

8 ‘‘(i) the current critical workforce 

9 needs of the Commission and any critical 

10 workforce needs that the Commission antici11 pates in the next five years; and 

12 ‘‘(ii) additional skillsets that are or 

13 likely will be needed for the Commission to 

14 fulfill the licensing and oversight respon15 sibilities of the Commission. 

16 ‘‘(g) COVERED POSITION.—In this section, the term 

17 ‘covered position’ means— 

18 ‘‘(1) a position in which an employee or other 

19 personnel is responsible for conducting work of a 

20 highly-specialized scientific, technical, engineering, 

21 mathematical, or otherwise skilled nature to address 

22 a critical licensing or regulatory oversight need for 

23 the Commission; or 

24 ‘‘(2) a position that the Executive Director for 

25 Operations of the Commission determines is necessary 
75 

•S 870 EAH 

1 to fulfill the responsibilities of the Commission in a 

2 timely, efficient, and effective manner. 

3 ‘‘(h) SUNSET.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the authorities provided by subsections (a) 

6 and (b) shall terminate on September 30, 2034. 

7 ‘‘(2) CERTIFICATION.—If, no later than the date 

8 referenced in paragraph (1), the Commission issues a 

9 certification that the authorities provided by sub10 section (a), subsection (b), or both subsections are nec11 essary for the Commission to carry out its respon12 sibilities and activities in a timely, efficient, and ef13 fective manner, the authorities provided by the appli14 cable subsection shall terminate on September 30, 

15 2039. 

16 ‘‘(3) COMPENSATION.—The termination of the 

17 authorities provided by subsections (a) and (b) shall 

18 not affect the compensation of an employee or other 

19 personnel serving in a covered position whose com20 pensation was fixed by the Chairman in accordance 

21 with subsection (a) or (b).’’. 

22 (2) TABLE OF CONTENTS.—The table of contents 

23 of the Atomic Energy Act of 1954 is amended by in24 serting after the item relating to section 161 the fol25 lowing: 
76 

•S 870 EAH 

‘‘Sec. 161A. Use of firearms by security personnel. 

‘‘Sec. 161B. Commission workforce.’’. 

1 (b) GOVERNMENT ACCOUNTABILITY OFFICE RE2 PORT.—Not later than September 30, 2033, the Comptroller 

3 General of the United States shall submit to the Committee 

4 on Energy and Commerce and the Committee on Oversight 

5 and Accountability of the House of Representatives and the 

6 Committee on Environment and Public Works and the 

7 Committee on Homeland Security and Governmental Af8 fairs of the Senate a report that— 

9 (1) evaluates the extent to which the authorities 

10 provided under subsections (a), (b), and (c) of section 

11 161B of the Atomic Energy Act of 1954 (as added by 

12 this Act) have been utilized; 

13 (2) describes the role in which the exceptionally 

14 well-qualified individuals recruited and directly ap15 pointed pursuant to section 161B(a) of the Atomic 

16 Energy Act of 1954 (as added by this Act) have been 

17 utilized to support the licensing of advanced nuclear 

18 reactors; 

19 (3) assesses the effectiveness of the authorities 

20 provided under subsections (a), (b), and (c) of section 

21 161B of the Atomic Energy Act of 1954 (as added by 

22 this Act) in helping the Commission fulfill its mis23 sion; 
77 

•S 870 EAH 

1 (4) makes recommendations to improve the Com2 mission’s strategic workforce management; and 

3 (5) makes recommendations with respect to 

4 whether Congress should extend, enhance, modify, or 

5 discontinue the authorities provided under subsections 

6 (a), (b), and (c) of section 161B of the Atomic Energy 

7 Act of 1954 (as added by this Act). 

8 (c) ANNUAL SOLICITATION FOR NUCLEAR REGULATOR

9 APPRENTICESHIP NETWORK APPLICATIONS.—The Commis10 sion, on an annual basis, shall solicit applications for the 

11 Nuclear Regulator Apprenticeship Network. 

12 SEC. 503. COMMISSION CORPORATE SUPPORT FUNDING. 

13 (a) REPORT.—Not later than 3 years after the date 

14 of enactment of this Act, the Commission shall submit to 

15 the appropriate committees of Congress and make publicly 

16 available a report that describes— 

17 (1) the progress on the implementation of section 

18 102(a)(3) of the Nuclear Energy Innovation and Mod19 ernization Act (42 U.S.C. 2215(a)(3)); and 

20 (2) whether the Commission is meeting and is 

21 expected to meet the total budget authority caps re22 quired for corporate support under that section. 

23 (b) LIMITATION ON CORPORATE SUPPORT COSTS.— 

24 Section 102(a)(3) of the Nuclear Energy Innovation and 

25 Modernization Act (42 U.S.C. 2215(a)(3)) is amended by 
78 

•S 870 EAH 

1 striking subparagraphs (B) and (C) and inserting the fol2 lowing: 

3 ‘‘(B) 30 percent for fiscal year 2025 and 

4 each fiscal year thereafter.’’. 

5 (c) CORPORATE SUPPORT COSTS CLARIFICATION.— 

6 Paragraph (10) of section 3 of the Nuclear Energy Innova7 tion and Modernization Act (42 U.S.C. 2215 note; Public 

8 Law 115–439) (as redesignated by section 201(a)(1)) is 

9 amended— 

10 (1) by striking ‘‘The term’’ and inserting the fol11 lowing: 

12 ‘‘(A) IN GENERAL.—The term’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(B) EXCLUSIONS.—The term ‘corporate 

15 support costs’ does not include— 

16 ‘‘(i) costs for rent and utilities relating 

17 to any and all space in the Three White 

18 Flint North building that is not occupied by 

19 the Commission; or 

20 ‘‘(ii) costs for salaries, travel, and 

21 other support for the Office of the Commis22 sion.’’. 

23 SEC. 504. PERFORMANCE METRICS AND MILESTONES. 

24 Section 102(c) of the Nuclear Energy Innovation and 

25 Modernization Act (42 U.S.C. 2215(c)) is amended— 
79 

•S 870 EAH 

1 (1) in paragraph (3)— 

2 (A) in the paragraph heading, by striking 

3 ‘‘180’’ and inserting ‘‘90’’; and 

4 (B) by striking ‘‘180’’ and inserting ‘‘90’’; 

5 and 

6 (2) by adding at the end the following: 

7 ‘‘(4) PERIODIC UPDATES TO METRICS AND

8 SCHEDULES.— 

9 ‘‘(A) REVIEW AND ASSESSMENT.—Not less 

10 frequently than once every 3 years, the Commis11 sion shall review and assess, based on the licens12 ing and regulatory activities of the Commission, 

13 the performance metrics and milestone schedules 

14 established under paragraph (1). 

15 ‘‘(B) REVISIONS.—After each review and 

16 assessment under subparagraph (A), the Com17 mission shall revise and improve, as appro18 priate, the performance metrics and milestone 

19 schedules described in that subparagraph to pro20 vide the most efficient metrics and schedules rea21 sonably achievable.’’. 

22 SEC. 505. NUCLEAR LICENSING EFFICIENCY. 

23 (a) OFFICE OF NUCLEAR REACTOR REGULATION.— 

24 Section 203 of the Energy Reorganization Act of 1974 (42 

25 U.S.C. 5843) is amended— 
80 

•S 870 EAH 

1 (1) in subsection (a), by striking ‘‘(a) There’’ 

2 and inserting the following: 

3 ‘‘(a) ESTABLISHMENT; APPOINTMENT OF DIRECTOR.— 

4 There’’; 

5 (2) in subsection (b)— 

6 (A) in the matter preceding paragraph 

7 (1)— 

8 (i) by striking ‘‘(b) Subject’’ and in9 serting the following: 

10 ‘‘(b) FUNCTIONS OF DIRECTOR.—Subject’’; and 

11 (ii) by striking ‘‘delegate including:’’ 

12 and inserting ‘‘delegate, including the fol13 lowing:’’; and 

14 (B) in paragraph (3), by striking ‘‘for the 

15 discharge of the’’ and inserting ‘‘to fulfill the li16 censing and regulatory oversight’’; 

17 (3) in subsection (c), by striking ‘‘(c) Nothing’’ 

18 and inserting the following: 

19 ‘‘(d) RESPONSIBILITY FOR SAFE OPERATION OF FA20 CILITIES.—Nothing’’; and 

21 (4) by inserting after subsection (b) the fol22 lowing: 

23 ‘‘(c) LICENSING PROCESS.—In carrying out the prin24 cipal licensing and regulation functions under subsection 

25 (b)(1), the Director of Nuclear Reactor Regulation shall— 
81 

•S 870 EAH 

1 ‘‘(1) establish techniques and guidance for evalu2 ating applications for licenses for nuclear reactors to 

3 support efficient, timely, and predictable reviews of 

4 applications for those licenses to enable the safe and 

5 secure use of nuclear reactors; 

6 ‘‘(2) maintain the techniques and guidance es7 tablished under paragraph (1) by periodically assess8 ing and, if necessary, modifying those techniques and 

9 guidance; and 

10 ‘‘(3) obtain approval from the Commission if es11 tablishment or modification of the techniques and 

12 guidance under paragraph (1) or (2) involves policy 

13 formulation.’’. 

14 (b) EFFICIENT LICENSING REVIEWS.— 

15 (1) GENERAL.—Section 181 of the Atomic En16 ergy Act of 1954 (42 U.S.C. 2231) is amended— 

17 (A) by striking ‘‘The provisions of’’ and in18 serting the following: 

19 ‘‘(a) IN GENERAL.—The provisions of’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(b) EFFICIENT LICENSING REVIEWS.—The Commis22 sion shall provide for efficient and timely reviews and pro23 ceedings for the granting, suspending, revoking, or amend24 ing of any— 

25 ‘‘(1) license or construction permit; or 
82 

•S 870 EAH 

1 ‘‘(2) application to transfer control.’’. 

2 (c) CONSTRUCTION PERMITS AND OPERATING LI3 CENSES.—Section 185 of the Atomic Energy Act of 1954 

4 (42 U.S.C. 2235) is amended by adding at the end the fol5 lowing: 

6 ‘‘c. APPLICATION REVIEWS FOR PRODUCTION AND UTI7 LIZATION FACILITIES OF AN EXISTING SITE.—In reviewing 

8 an application for an early site permit, construction per9 mit, operating license, or combined construction permit and 

10 operating license for a production facility or utilization fa11 cility located at the site of a production facility or utiliza12 tion facility licensed by the Commission, the Commission 

13 shall, to the extent practicable, use information that was 

14 part of the licensing basis of the licensed production facility 

15 or utilization facility.’’. 

16 SEC. 506. MODERNIZATION OF NUCLEAR REACTOR ENVI17 RONMENTAL REVIEWS. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of enactment of this Act, the Commission shall submit 

20 to the appropriate committees of Congress a report on the 

21 efforts of the Commission to facilitate efficient, timely, and 

22 predictable environmental reviews of nuclear reactor appli23 cations for a license under section 103 of the Atomic Energy 

24 Act of 1954 (42 U.S.C. 2133), including through expanded 
83 

•S 870 EAH 

1 use of categorical exclusions, environmental assessments, 

2 and generic environmental impact statements. 

3 (b) REPORT.—In completing the report under sub4 section (a), the Commission shall— 

5 (1) describe the actions the Commission will take 

6 to implement the amendments to the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

8 made by section 321 of the Fiscal Responsibility Act 

9 of 2023 (Public Law 118–5; 137 Stat. 38); 

10 (2) consider— 

11 (A) using, through adoption, incorporation 

12 by reference, or other appropriate means, cat13 egorical exclusions, environmental assessments, 

14 and environmental impact statements prepared 

15 by other Federal agencies to streamline environ16 mental reviews of applications described in sub17 section (a) by the Commission; 

18 (B) using categorical exclusions, environ19 mental assessments, and environmental impact 

20 statements prepared by the Commission to 

21 streamline environmental reviews of applications 

22 described in subsection (a) by the Commission; 

23 (C) using mitigated findings of no signifi24 cant impact in environmental reviews of appli25 cations described in subsection (a) by the Com-
84 

•S 870 EAH 

1 mission to reduce the impact of a proposed ac2 tion to a level that is not significant; 

3 (D) the extent to which the Commission 

4 may rely on prior studies or analyses prepared 

5 by Federal, State, and local governmental per6 mitting agencies to streamline environmental re7 views of applications described in subsection (a) 

8 by the Commission; 

9 (E) opportunities to coordinate the develop10 ment of environmental assessments and environ11 mental impact statements with other Federal 

12 agencies to avoid duplicative environmental re13 views and to streamline environmental reviews 

14 of applications described in subsection (a) by the 

15 Commission; 

16 (F) opportunities to streamline formal and 

17 informal consultations and coordination with 

18 other Federal, State, and local governmental per19 mitting agencies during environmental reviews 

20 of applications described in subsection (a) by the 

21 Commission; 

22 (G) opportunities to streamline the Com23 mission’s analyses of alternatives, including the 

24 Commission’s analysis of alternative sites, in en-
85 

•S 870 EAH 

1 vironmental reviews of applications described in 

2 subsection (a) by the Commission; 

3 (H) establishing new categorical exclusions 

4 that could be applied to actions relating to new 

5 applications described in subsection (a); 

6 (I) amending section 51.20(b) of title 10, 

7 Code of Federal Regulations, to allow the Com8 mission to determine, on a case-specific basis, 

9 whether an environmental assessment (rather 

10 than an environmental impact statement or sup11 plemental environmental impact statement) is 

12 appropriate for a particular application de13 scribed in subsection (a), including in pro14 ceedings in which the Commission relies on a ge15 neric environmental impact statement for ad16 vanced nuclear reactors; 

17 (J) authorizing the use of an applicant’s en18 vironmental impact statement as the Commis19 sion’s draft environmental impact statement, 

20 consistent with section 107(f) of the National 

21 Environmental Policy Act of 1969 (42 U.S.C. 

22 4336a(f)); 

23 (K) opportunities to adopt online and dig24 ital technologies, including technologies that 

25 would allow applicants and cooperating agencies 
86 

•S 870 EAH 

1 to upload documents and coordinate with the 

2 Commission to edit documents in real time, that 

3 would streamline communications between— 

4 (i) the Commission and applicants; 

5 and 

6 (ii) the Commission and other relevant 

7 cooperating agencies; and 

8 (L) in addition to implementing measures 

9 under paragraph (3), potential revisions to part 

10 51 of title 10, Code of Federal Regulations, and 

11 relevant Commission guidance documents— 

12 (i) to facilitate efficient, timely, and 

13 predictable environmental reviews of appli14 cations described in subsection (a); 

15 (ii) to assist decision making about 

16 relevant environmental issues; 

17 (iii) to maintain openness with the 

18 public; 

19 (iv) to meet obligations under the Na20 tional Environmental Policy Act of 1969 

21 (42 U.S.C. 4321 et seq.); and 

22 (v) to reduce burdens on licensees, ap23 plicants, and the Commission; and 

24 (3) include a schedule for promulgating a rule 

25 for any measures considered by the Commission 
87 

•S 870 EAH 

1 under subparagraphs (A) through (K) of paragraph 

2 (2) that require a rulemaking. 

3 SEC. 507. IMPROVING OVERSIGHT AND INSPECTION PRO4 GRAMS. 

5 (a) DEFINITION OF LICENSEE.—In this section, the 

6 term ‘‘licensee’’ means a person that holds a license issued 

7 under section 103 or 104 of the Atomic Energy Act of 1954 

8 (42 U.S.C. 2133, 2134). 

9 (b) REPORT.—Not later than 1 year after the date of 

10 enactment of this Act, the Commission shall develop and 

11 submit to the appropriate committees of Congress a report 

12 that identifies specific improvements to the nuclear reactor 

13 and materials oversight and inspection programs carried 

14 out pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 

15 2011 et seq.) that the Commission may implement to maxi16 mize the efficiency of such programs through, where appro17 priate, the use of risk-informed, performance-based proce18 dures, expanded incorporation of information technologies, 

19 and staff training. 

20 (c) STAKEHOLDER INPUT.—In developing the report 

21 under subsection (b), the Commission shall, as appropriate, 

22 seek input from— 

23 (1) other Federal regulatory agencies that con24 duct oversight and inspections; 

25 (2) the nuclear energy industry; 
88 

•S 870 EAH 

1 (3) nongovernmental organizations; and 

2 (4) other public stakeholders. 

3 (d) CONTENTS.—The report submitted under sub4 section (b) shall— 

5 (1) assess specific elements of oversight and in6 spections that may be modified by the use of tech7 nology, improved planning, and continually updated 

8 risk-informed, performance-based assessment, includ9 ing— 

10 (A) use of travel resources; 

11 (B) planning and preparation for inspec12 tions, including entrance and exit meetings with 

13 licensees; 

14 (C) document collection and preparation, 

15 including consideration of whether nuclear reac16 tor data are accessible prior to onsite visits or 

17 requests to the licensee and that document re18 quests are timely and within the scope of inspec19 tions; and 

20 (D) the cross-cutting issues program; 

21 (2) identify and assess measures to improve over22 sight and inspections, including— 

23 (A) elimination of areas of duplicative or 

24 otherwise unnecessary activities; 
89 

•S 870 EAH 

1 (B) increased use of templates in docu2 menting inspection results; and 

3 (C) periodic training of Commission staff 

4 and leadership on the application of risk-in5 formed criteria for— 

6 (i) inspection planning and assess7 ments; 

8 (ii) agency decision-making processes 

9 on the application of regulations and guid10 ance; and 

11 (iii) the application of the Commis12 sion’s standard of reasonable assurance of 

13 adequate protection; 

14 (3) assess measures to advance risk-informed 

15 procedures, including— 

16 (A) increased use of inspection approaches 

17 that balance the level of resources commensurate 

18 with safety significance; 

19 (B) increased review of the use of inspection 

20 program resources based on licensee performance; 

21 (C) expansion of modern information tech22 nology, including artificial intelligence and ma23 chine learning, to risk-inform oversight and in24 spection decisions; and 
90 

•S 870 EAH 

1 (D) updating the Differing Professional 

2 Views or Opinions process to ensure any impacts 

3 on agency decisions and schedules are commen4 surate with the safety significance of the dif5 fering opinion; 

6 (4) assess the ability of the Commission, con7 sistent with the mission of the Commission, to enable 

8 licensee innovations that may advance nuclear reac9 tor operational efficiency and safety, including the 

10 criteria of the Commission for timely acceptance of li11 censee adoption of advanced technologies, including 

12 digital technologies; 

13 (5) identify recommendations resulting from the 

14 assessments described in paragraphs (1) through (4); 

15 (6) identify specific actions that the Commission 

16 may take to incorporate into the training, inspection, 

17 oversight, and licensing activities, and regulations, of 

18 the Commission, without compromising the mission of 

19 the Commission, the recommendations identified 

20 under paragraph (5); and 

21 (7) describe when the actions identified under 

22 paragraph (6) may be implemented. 
91 

•S 870 EAH 

1 TITLE VI—MISCELLANEOUS 

2 SEC. 601. TECHNICAL CORRECTION. 

3 Section 104 c. of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2134(c)) is amended— 

5 (1) by striking the third sentence and inserting 

6 the following: 

7 ‘‘(3) LIMITATION ON UTILIZATION FACILITIES.— 

8 The Commission may issue a license under this sec9 tion for a utilization facility useful in the conduct of 

10 research and development activities of the types speci11 fied in section 31 if— 

12 ‘‘(A) not more than 75 percent of the an13 nual costs to the licensee of owning and oper14 ating the facility are devoted to the sale, other 

15 than for research and development or education 

16 and training, of— 

17 ‘‘(i) nonenergy services; 

18 ‘‘(ii) energy; or 

19 ‘‘(iii) a combination of nonenergy serv20 ices and energy; and 

21 ‘‘(B) not more than 50 percent of the an22 nual costs to the licensee of owning and oper23 ating the facility are devoted to the sale of en24 ergy.’’; 
92 

•S 870 EAH 

1 (2) in the second sentence, by striking ‘‘The 

2 Commission’’ and inserting the following: 

3 ‘‘(2) REGULATION.—The Commission’’; and 

4 (3) by striking ‘‘c. The Commission’’ and insert5 ing the following: 

6 ‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

8 and (3), the Commission’’. 

9 SEC. 602. REPORT ON ENGAGEMENT WITH THE GOVERN10 MENT OF CANADA WITH RESPECT TO NU11 CLEAR WASTE ISSUES IN THE GREAT LAKES 

12 BASIN. 

13 Not later than 1 year after the date of enactment of 

14 this Act, the Commission shall submit to the appropriate 

15 committees of Congress, the Committee on Foreign Rela16 tions of the Senate, the Committee on Energy and Natural 

17 Resources of the Senate, and the Committee on Foreign Af18 fairs of the House of Representatives a report describing 

19 any engagement between the Commission and the Govern20 ment of Canada with respect to nuclear waste issues in the 

21 Great Lakes Basin. 

22 SEC. 603. SAVINGS CLAUSE. 

23 Nothing in this Act affects authorities of the Depart24 ment of State. 
93 

•S 870 EAH 

Amend the title so as to read: ‘‘A bill to authorize 

appropriations for the United States Fire Administration 

and firefighter assistance grant programs, to advance the 

benefits of nuclear energy, and for other purposes.’’. 

Attest: 

Clerk. 
118TH CONGRESS 

2D SESSION S. 870 

AMENDMENTS