IB 

Union Calendar No. 320 

118TH CONGRESS 

2D SESSION H. R. 6544 

[Report No. 118–391, Part I] 

To advance the benefits of nuclear energy by enabling efficient, timely, and 

predictable licensing, regulation, and deployment of nuclear energy technologies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2023 

Mr. DUNCAN (for himself and Ms. DEGETTE) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Science, Space, and Technology, and Foreign Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

FEBRUARY 16, 2024 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

FEBRUARY 16, 2024 

Committees on Science, Space, and Technology and Foreign Affairs discharged; committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on December 1, 2023] 


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A BILL 

To advance the benefits of nuclear energy by enabling efficient, timely, and predictable licensing, regulation, and 

deployment of nuclear energy technologies, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Atomic Energy Advancement Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—NUCLEAR REGULATORY COMMISSION 

Subtitle A—Efficiency, Performance, and Preparation for the Future 

Sec. 101. NRC mission alignment. 

Sec. 102. Nuclear licensing efficiency. 

Sec. 103. Strengthening the NRC workforce. 

Subtitle B—Fee Reduction 

Sec. 111. Advanced reactor fee reduction. 

Sec. 112. Advanced nuclear reactor prize. 

Subtitle C—Siting, Licensing, and Oversight Reviews 

Sec. 121. Modernization of nuclear reactor environmental reviews. 

Sec. 122. Nuclear for Brownfield sites. 

Sec. 123. Advancement of nuclear regulatory oversight. 

TITLE II—NUCLEAR TECHNOLOGY DEPLOYMENT 

Sec. 201. Advanced nuclear deployment. 

Sec. 202. Global nuclear cooperation. 

Sec. 203. American nuclear competitiveness. 

8 TITLE I—NUCLEAR REGULATORY 

9 COMMISSION 

10 Subtitle A—Efficiency, Perform11 ance, and Preparation for the 

12 Future 

13 SEC. 101. NRC MISSION ALIGNMENT. 

14 (a) MISSION OF THE COMMISSION.— 


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1 (1) UPDATE.—Not later than 1 year after the 

2 date of enactment of this Act, the Nuclear Regulatory 

3 Commission shall, while remaining consistent with 

4 the policies of the Atomic Energy Act of 1954 (includ5 ing to provide reasonable assurance of adequate pro6 tection of the public health and safety, to promote the 

7 common defense and security, and to protect the envi8 ronment), update the mission statement of the Com9 mission to include that licensing and regulation of 

10 nuclear energy activities be conducted in a manner 

11 that is efficient and does not unnecessarily limit— 

12 (A) the potential of nuclear energy to im13 prove the general welfare; and 

14 (B) the benefits of nuclear energy technology 

15 to society. 

16 (2) REPORT.—Upon completion of the update to 

17 the mission statement required under paragraph (1), 

18 the Nuclear Regulatory Commission shall submit to 

19 Congress a report that describes— 

20 (A) the updated mission statement; and 

21 (B) the guidance that the Nuclear Regu22 latory Commission will provide to staff of the 

23 Nuclear Regulatory Commission to ensure effec24 tive performance of such mission. 


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1 (b) OFFICE OF NUCLEAR REACTOR REGULATION.— 

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

3 U.S.C. 5843) is amended— 

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

5 and inserting the following: 

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

7 There’’; 

8 (2) in subsection (b)— 

9 (A) in the matter preceding paragraph 

10 (1)— 

11 (i) by striking ‘‘(b) Subject’’ and in12 serting the following: 

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

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

15 and inserting ‘‘delegate, including the fol16 lowing:’’; and 

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

18 discharge of the’’ and inserting ‘‘to fulfill the li19 censing and regulatory oversight’’; 

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

21 and inserting the following: 

22 ‘‘(d) RESPONSIBILITY FOR SAFE OPERATION OF FA23 CILITIES.—Nothing’’; and 

24 (4) by inserting after subsection (b) the fol25 lowing: 


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1 ‘‘(c) LICENSING PROCESS.—In carrying out the prin2 cipal licensing and regulation functions under subsection 

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

4 ‘‘(1) establish techniques and guidance for evalu5 ating applications for licenses for nuclear reactors to 

6 support efficient, timely, and predictable reviews of 

7 applications for such licenses to enable the safe and 

8 secure use of nuclear reactors; 

9 ‘‘(2) maintain the techniques and guidance es10 tablished under paragraph (1) by periodically assess11 ing and, if necessary, modifying such techniques and 

12 guidance; and 

13 ‘‘(3) obtain approval from the Commission if es14 tablishment or modification of the techniques and 

15 guidance established under paragraph (1) or (2) in16 volves policy formulation.’’. 

17 SEC. 102. NUCLEAR LICENSING EFFICIENCY. 

18 (a) EFFICIENT LICENSING REVIEWS.— 

19 (1) GENERAL.—Section 181 of the Atomic En20 ergy Act of 1954 (42 U.S.C. 2231) is amended— 

21 (A) by striking ‘‘The provisions of’’ and in22 serting the following: 

23 ‘‘(a) The provisions of’’; and 

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


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1 ‘‘(b) Consistent with the declaration in section 1, the 

2 Commission shall provide for efficient, timely, and predict3 able reviews and proceedings for the granting, suspending, 

4 revoking, or amending of any license or construction per5 mit, or application to transfer control, and in any pro6 ceeding for the issuance or modification of rules and regula7 tions dealing with the activities of licenses.’’. 

8 (2) CONSTRUCTION PERMITS AND OPERATING LI9 CENSES.—Section 185 of the Atomic Energy Act of 

10 1954 (42 U.S.C. 2235) is amended by adding at the 

11 end the following: 

12 ‘‘c. APPLICATION REVIEWS FOR PRODUCTION AND UTI13 LIZATION FACILITIES OF AN EXISTING SITE.—In reviewing 

14 an application for an early site permit, construction per15 mit, operating license, or combined construction permit and 

16 operating license for a production facility or utilization fa17 cility located at the site of a production facility or utiliza18 tion facility licensed by the Commission, the Commission 

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

20 part of the licensing basis of the licensed production facility 

21 or utilization facility.’’. 

22 (b) PERFORMANCE METRICS AND MILESTONES.—Sec23 tion 102(c) of the Nuclear Energy Innovation and Mod24 ernization Act (42 U.S.C. 2215(c)) is amended— 

25 (1) in paragraph (3)— 


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1 (A) in the paragraph heading, by striking 

2 ‘‘180’’ and inserting ‘‘90’’; and 

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

4 and 

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

6 ‘‘(4) PERIODIC UPDATES TO METRICS AND

7 SCHEDULES.— 

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

9 frequently than once every 3 years, the Commis10 sion shall review and assess, based on the licens11 ing and regulatory activities of the Commission, 

12 the performance metrics and milestone schedules 

13 developed under paragraph (1). 

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

15 assessment under subparagraph (A), the Com16 mission shall revise, as appropriate, the perform17 ance metrics and milestone schedules developed 

18 under paragraph (1) to provide the most efficient 

19 performance metrics and milestone schedules rea20 sonably achievable.’’. 

21 (c) CLARIFICATION ON FUSION REGULATION.—Section 

22 103(a)(4) of the Nuclear Energy Innovation and Mod23 ernization Act (42 U.S.C. 2133 note; Public Law 115–439) 

24 is amended— 


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1 (1) by striking ‘‘Not later’’ and inserting the fol2 lowing: 

3 ‘‘(A) IN GENERAL.—Not later’’; and 

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

5 ‘‘(B) EXCLUSION OF FUSION REACTORS.— 

6 Notwithstanding section 3(1), for purposes of 

7 subparagraph (A), the term ‘advanced nuclear 

8 reactor applicant’ does not include an applicant 

9 for a license for a nuclear fusion reactor.’’. 

10 (d) TECHNICAL CORRECTION.—Section 104 c. of the 

11 Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amend12 ed— 

13 (1) by striking the third sentence and inserting 

14 the following: 

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

16 The Commission may issue a license under this sec17 tion for a utilization facility useful in the conduct of 

18 research and development activities of the types speci19 fied in section 31 if— 

20 ‘‘(A) not more than 75 percent of the an21 nual costs to the licensee of owning and oper22 ating the facility are devoted to the sale, other 

23 than for research and development or education 

24 and training, of— 

25 ‘‘(i) nonenergy services; 


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1 ‘‘(ii) energy; or 

2 ‘‘(iii) a combination of nonenergy serv3 ices and energy; and 

4 ‘‘(B) not more than 50 percent of the an5 nual costs to the licensee of owning and oper6 ating the facility are devoted to the sale of en7 ergy.’’; 

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

9 Commission’’ and inserting the following: 

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

11 (3) by striking ‘‘C. The Commission’’ and insert12 ing the following: 

13 ‘‘C. RESEARCH AND DEVELOPMENT ACTIVITIES.— 

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

15 and (3), the Commission’’. 

16 (e) FUSION MACHINES.— 

17 (1) DEFINITION.—Section 11 of the Atomic En18 ergy Act of 1954 (42 U.S.C. 2014) is amended by 

19 adding at the end the following: 

20 ‘‘kk. FUSION MACHINE.—The term ‘fusion machine’ 

21 means a particle accelerator that is capable of— 

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

23 processes, into other elements, isotopes, or particles; 

24 and 


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

2 products, including particles, heat, and other electro3 magnetic radiation.’’. 

4 (2) TECHNOLOGY-INCLUSIVE REGULATORY

5 FRAMEWORK.— 

6 (A) IN GENERAL.—Section 103(a) of the 

7 Nuclear Energy Innovation and Modernization 

8 Act (42 U.S.C. 2133 note) is further amended— 

9 (i) in paragraph (4), by adding at the 

10 end the following: 

11 ‘‘(C) FUSION MACHINE APPLICANTS.—Not 

12 later than December 31, 2027, the Commission 

13 shall complete a rulemaking to establish a tech14 nology-inclusive, regulatory framework for op15 tional use by fusion machine applicants for new 

16 license applications.’’; and 

17 (ii) in paragraph (5)(B)(ii), by insert18 ing ‘‘and fusion machine license applica19 tions’’ after ‘‘commercial advanced nuclear 

20 reactor license applications’’. 

21 (B) DEFINITIONS.—Section 3 of the Nuclear 

22 Energy Innovation and Modernization Act (42 

23 U.S.C. 2215 note) is amended by adding at the 

24 end the following: 


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1 ‘‘(21) FUSION MACHINE.—The term ‘fusion ma2 chine’ has the meaning given such term in subsection 

3 kk. of section 11 of the Atomic Energy Act of 1954.’’. 

4 (3) REPORT.—Not later than 1 year after the 

5 date of enactment of this Act, the Nuclear Regulatory 

6 Commission shall submit to Congress a report on— 

7 (A) the results of a study, conducted in con8 sultation with Agreement States (as defined in 

9 section 3 of the Nuclear Energy Innovation and 

10 Modernization Act (42 U.S.C. 2215 note) and 

11 the private fusion sector, on risk- and perform12 ance-based, design-specific licensing frameworks 

13 for mass-manufactured fusion machines (as de14 fined in subsection kk. of section 11 of the Atom15 ic Energy Act of 1954, as added by this sub16 section), that includes evaluation of the Federal 

17 Aviation Administration’s design, manufac18 turing, and operations certification process for 

19 aircraft as a potential model for mass-manufac20 tured fusion machine regulations; and 

21 (B) the estimated timeline for the Commis22 sion to issue consolidated guidance or regulations 

23 for licensing mass-manufactured fusion ma24 chines, taking into account the results of such 


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1 study and the anticipated need for such guidance 

2 or regulations. 

3 SEC. 103. STRENGTHENING THE NRC WORKFORCE. 

4 (a) COMMISSION WORKFORCE.— 

5 (1) GENERAL AUTHORITY.—The Atomic Energy 

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

7 inserting after section 161A the following: 

8 ‘‘SEC. 161B. COMMISSION WORKFORCE. 

9 ‘‘(a) DIRECT HIRE AUTHORITY.— 

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

11 d. of this Act and section 2(b) of Reorganization Plan 

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

13 without regard to any provision of title 5 (except sec14 tions 3303 and 3328), United States Code, governing 

15 appointments in the civil service, if the Chairman of 

16 the Nuclear Regulatory Commission (in this section 

17 referred to as the ‘Chairman’) issues or renews a cer18 tification that there is a severe shortage of candidates 

19 or a critical hiring need for covered positions to carry 

20 out the Nuclear Regulatory Commission’s (in this sec21 tion referred to as the ‘Commission’) responsibilities 

22 and activities in a timely, efficient, and effective 

23 manner, the Chairman may, during any period when 

24 such a certification is in effect— 


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1 ‘‘(A) recruit and directly appoint highly 

2 qualified individuals into the excepted service for 

3 covered positions; and 

4 ‘‘(B) establish in the excepted service term5 limited covered positions and recruit and di6 rectly appoint highly qualified individuals into 

7 such term-limited covered positions, which may 

8 not exceed a term of 4 years. 

9 ‘‘(2) LIMITATIONS.— 

10 ‘‘(A) MERIT PRINCIPLES.—To the max11 imum extent practicable, any action authorized 

12 pursuant to paragraph (1) shall be consistent 

13 with the merit principles of section 2301 of title 

14 5, United States Code. 

15 ‘‘(B) NUMBER.—The number of highly 

16 qualified individuals serving in— 

17 ‘‘(i) covered positions pursuant to 

18 paragraph (1)(A) may not exceed 210 at 

19 any one time; and 

20 ‘‘(ii) term-limited covered positions 

21 pursuant to paragraph (1)(B) may not ex22 ceed 80 at any one time. 

23 ‘‘(C) COMPENSATION.—The Chairman may 

24 not use authority under paragraph (1)(A) or 

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1 cruited and directly appointed into a covered po2 sition or a term-limited covered position at an 

3 annual rate of basic pay higher than the annual 

4 salary payable for level III of the Executive 

5 Schedule under section 5314 of title 5, United 

6 States Code. 

7 ‘‘(D) SENIOR EXECUTIVE SERVICE POSI8 TION.—The Chairman may not, under para9 graph (1)(A) or paragraph (1)(B), appoint high10 ly qualified individuals to any Senior Executive 

11 Service position, as defined in section 3132 of 

12 title 5, United States Code. 

13 ‘‘(3) RENEWAL.—The Chairman may renew a 

14 certification issued or renewed under this subsection 

15 if the Chairman determines there is still a severe 

16 shortage of candidates or a critical hiring need for 

17 covered positions to carry out the Commission’s re18 sponsibilities and activities in a timely, efficient, and 

19 effective manner. 

20 ‘‘(4) TERMINATION.—A certification issued or re21 newed under this subsection shall terminate on the 

22 earlier of— 

23 ‘‘(A) the date that is 10 years after the cer24 tification is renewed or issued; or 


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1 ‘‘(B) the date on which the Chairman deter2 mines there is no longer a severe shortage of can3 didates or a critical hiring need for covered posi4 tions to carry out the Commission’s responsibil5 ities and activities in a timely, efficient, and ef6 fective manner. 

7 ‘‘(5) LEVEL OF POSITIONS.—To the extent prac8 ticable, in carrying out paragraph (1) the Chairman 

9 shall recruit and directly appoint highly qualified in10 dividuals into the excepted service to entry, mid, and 

11 senior level covered positions, including term-limited 

12 covered positions. 

13 ‘‘(b) ADDRESSING INSUFFICIENT COMPENSATION OF

14 EMPLOYEES AND OTHER PERSONNEL OF THE COMMIS15 SION.— 

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

17 provision of law, if the Chairman issues or renews a 

18 certification that compensation for employees or other 

19 personnel of the Commission serving in a covered po20 sition is insufficient to retain or attract such employ21 ees and other personnel to allow the Commission to 

22 carry out the responsibilities and activities of the 

23 Commission in a timely, efficient, and effective man24 ner, the Chairman may, during any period when 

25 such a certification is in effect, fix the compensation 


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1 for such employees or other personnel serving in a 

2 covered position without regard to any provision of 

3 title 5, United States Code, governing General Sched4 ule classification and pay rates. 

5 ‘‘(2) CERTIFICATION REQUIREMENTS.—A certifi6 cation issued or renewed under this subsection shall— 

7 ‘‘(A) apply to employees or other personnel 

8 who serve in covered positions; 

9 ‘‘(B) terminate on the earlier of— 

10 ‘‘(i) the date that is 10 years after the 

11 certification is issued or renewed; or 

12 ‘‘(ii) the date on which the Chairman 

13 determines that the use of the authority of 

14 the Chairman under this subsection to fix 

15 compensation for employees or other per16 sonnel serving in a covered position is no 

17 longer necessary to retain or attract such 

18 employees and other personnel to allow the 

19 Commission to carry out the Commission’s 

20 responsibilities and activities in a timely, 

21 efficient, and effective manner; and 

22 ‘‘(C) be no broader than necessary to 

23 achieve the objective of retaining or attracting 

24 employees and other personnel serving in a cov25 ered position to allow the Commission to carry 


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1 out the Commission’s responsibilities and activi2 ties in a timely, efficient, and effective manner. 

3 ‘‘(3) RENEWAL.—The Chairman may renew a 

4 certification issued or renewed under this subsection 

5 if the Chairman determines that use of the authority 

6 of the Chairman under this subsection to fix com7 pensation for employees or other personnel serving in 

8 a covered position is still necessary to retain or at9 tract such employees or other personnel to allow the 

10 Commission to carry out the Commission’s respon11 sibilities and activities in a timely, efficient, and ef12 fective manner. 

13 ‘‘(4) APPLICABILITY.—The authority under this 

14 subsection to fix the compensation of employees or 

15 other personnel during any period when a certifi16 cation issued or renewed under paragraph (1) is in 

17 effect shall apply with respect to an employee or other 

18 personnel serving in a covered position regardless of 

19 when the employee or other personnel was hired. 

20 ‘‘(5) RETENTION OF LEVEL OF FIXED COMPENSA21 TION.—The termination of a certification issued or 

22 renewed under paragraph (1) shall not affect the com23 pensation of an employee or other personnel serving 

24 in a covered position whose compensation was fixed 

25 by the Chairman in accordance with paragraph (1). 


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1 ‘‘(6) LIMITATION ON COMPENSATION.—The 

2 Chairman may not use the authority under para3 graph (1) to fix the compensation of employees or 

4 other personnel at an annual rate of basic pay higher 

5 than the annual salary payable for level III of the 

6 Executive Schedule under section 5314 of title 5, 

7 United States Code. 

8 ‘‘(7) EXPERTS AND CONSULTANTS.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), the Chairman may— 

11 ‘‘(i) obtain the services of experts and 

12 consultants in accordance with section 3109 

13 of title 5, United States Code; 

14 ‘‘(ii) compensate those experts and con15 sultants for each day (including travel 

16 time) at rates not in excess of the rate of 

17 pay for level IV of the Executive Schedule 

18 under section 5315 of that title; and 

19 ‘‘(iii) pay to the experts and consult20 ants serving away from the homes or reg21 ular places of business of the experts and 

22 consultants travel expenses and per diem in 

23 lieu of subsistence at rates authorized by 

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1 sons in Government service employed inter2 mittently. 

3 ‘‘(B) LIMITATIONS.—The Chairman shall— 

4 ‘‘(i) to the maximum extent prac5 ticable, limit the use of experts and consult6 ants pursuant to subparagraph (A); and 

7 ‘‘(ii) ensure that the employment con8 tract of each expert and consultant em9 ployed pursuant to subparagraph (A) is 

10 subject to renewal not less frequently than 

11 annually. 

12 ‘‘(c) ADDITIONAL COMPENSATION AUTHORITY.— 

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

14 may pay a person recruited and directly appointed 

15 under subsection (a) a 1-time hiring bonus in an 

16 amount not to exceed $25,000. 

17 ‘‘(2) FOR EXISTING EMPLOYEES.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), an employee or other personnel who 

20 the Chairman determines exhibited exceptional 

21 performance in a fiscal year may be paid a per22 formance bonus in an amount not to exceed the 

23 least of— 

24 ‘‘(i) $25,000; and 


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

2 is applicable for a calendar year under sec3 tion 5307(a)(1) of title 5, United States 

4 Code. 

5 ‘‘(B) LIMITATIONS.— 

6 ‘‘(i) SUBSEQUENT BONUSES.—Any 

7 person who receives a performance bonus 

8 under subparagraph (A) may not receive 

9 another performance bonus under that sub10 paragraph for a period of 5 years thereafter. 

11 ‘‘(ii) HIRING BONUSES.—Any person 

12 who receives a 1-time hiring bonus under 

13 paragraph (1) may not receive a perform14 ance bonus under subparagraph (A) unless 

15 more than one year has elapsed since the 

16 payment of such 1-time hiring bonus. 

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

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

19 after the date of enactment of this section, the Chair20 man shall develop and implement a plan to carry out 

21 this section. Before implementing such plan, the 

22 Chairman shall submit to the Committee on Energy 

23 and Commerce of the House of Representatives, the 

24 Committee on Environment and Public Works of the 


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1 Senate, and the Office of Personnel Management a re2 port on the details of the plan. 

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

4 under paragraph (1) shall include— 

5 ‘‘(A) evidence and supporting documenta6 tion justifying the plan; and 

7 ‘‘(B) budgeting projections on costs and ben8 efits resulting from the plan. 

9 ‘‘(3) CONSULTATION.—The Chairman may con10 sult with the Office of Personnel Management, the Of11 fice of Management and Budget, and the Comptroller 

12 General of the United States in developing the plan 

13 under paragraph (1). 

14 ‘‘(e) DELEGATION.—The Chairman shall delegate, sub15 ject to the direction and supervision of the Chairman, the 

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

17 Executive Director for Operations of the Commission. 

18 ‘‘(f) INFORMATION ON HIRING, VACANCIES, AND COM19 PENSATION.— 

20 ‘‘(1) IN GENERAL.—The Commission shall in21 clude in its budget materials submitted in support of 

22 the budget of the President (submitted to Congress 

23 pursuant to section 1105 of title 31, United States 

24 Code), for each fiscal year beginning after the date of 


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1 enactment of this section, information relating to hir2 ing, vacancies, and compensation at the Commission. 

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

4 paragraph (1) shall include— 

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

6 to hiring, vacancies, and compensation at the 

7 Commission; 

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

9 and attract employees or other personnel to serve 

10 in covered positions at the Commission; 

11 ‘‘(C) information that describes— 

12 ‘‘(i) if a certification under subsection 

13 (a) was in effect at any point in the pre14 vious year, how the authority provided by 

15 that subsection is being used to address the 

16 hiring needs of the Commission; 

17 ‘‘(ii) the total number of highly quali18 fied individuals serving in— 

19 ‘‘(I) covered positions pursuant to 

20 subsection (a)(1)(A); and 

21 ‘‘(II) term-limited covered posi22 tions pursuant to subsection (a)(1)(B); 

23 ‘‘(iii) if a certification under sub24 section (b) was in effect at any point in the 

25 previous year, how the authority provided 


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1 by that subsection is being used to address 

2 the hiring or retention needs of the Commis3 sion; 

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

5 other personnel serving in a covered posi6 tion that have their compensation fixed pur7 suant to subsection (b); 

8 ‘‘(v) if a certification under subsection 

9 (a) or (b) was terminated or was not in ef10 fect at any point in the previous year, why 

11 such a certification was terminated or was 

12 not in effect; 

13 ‘‘(vi) the attrition levels with respect to 

14 term-limited covered positions appointed 

15 under subsection (a)(1)(B), including the 

16 number of individuals leaving a term-lim17 ited covered position before completion of 

18 the applicable term of service and the aver19 age length of service for such individuals as 

20 a percentage of the applicable term of serv21 ice; and 

22 ‘‘(vii) the number of experts and con23 sultants retained under subsection (b)(7); 

24 and 

25 ‘‘(D) an assessment of— 


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1 ‘‘(i) the current critical workforce 

2 needs of the Commission and any critical 

3 workforce needs that the Commission antici4 pates in the next five years; and 

5 ‘‘(ii) additional skillsets that are or 

6 likely will be needed for the Commission to 

7 fulfill the licensing and oversight respon8 sibilities of the Commission. 

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

10 ‘covered position’ means a position in which an employee 

11 or other personnel is responsible for conducting work of a 

12 scientific, technical, engineering, mathematical, legal, man13 agerial, or otherwise highly specialized or skilled nature.’’. 

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

15 of the Atomic Energy Act of 1954 is amended by in16 serting after the item relating to section 161 the fol17 lowing: 

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

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

18 (b) GOVERNMENT ACCOUNTABILITY OFFICE RE19 PORT.—Not later than September 30, 2032, the Comptroller 

20 General of the United States shall submit to the Committee 

21 on Energy and Commerce of the House of Representatives 

22 and the Committee on Environment and Public Works of 

23 the Senate a report that— 


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1 (1) evaluates the extent to which the authorities 

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

3 161B of the Atomic Energy Act of 1954 (as added by 

4 this Act) have been utilized; 

5 (2) describes the role in which the highly quali6 fied individuals recruited and directly appointed pur7 suant to section 161B(a) of the Atomic Energy Act of 

8 1954 (as added by this Act) have been utilized to sup9 port the licensing of advanced nuclear reactors; 

10 (3) assesses the effectiveness of the authorities 

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

12 161B of the Atomic Energy Act of 1954 (as added by 

13 this Act) in helping the Nuclear Regulatory Commis14 sion fulfill its mission; 

15 (4) makes recommendations to improve the Nu16 clear Regulatory Commission’s strategic workforce 

17 management; and 

18 (5) makes recommendations with respect to 

19 whether Congress should enhance, modify, or dis20 continue the authorities provided under subsections 

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

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

23 (c) ANNUAL SOLICITATION FOR NUCLEAR REGULATOR

24 APPRENTICESHIP NETWORK APPLICATIONS.—The Nuclear 

25 Regulatory Commission, on an annual basis, shall solicit 


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1 applications for the Nuclear Regulator Apprenticeship Net2 work. 

3 Subtitle B—Fee Reduction 

4 SEC. 111. ADVANCED REACTOR FEE REDUCTION. 

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

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

7 Public Law 115–439) is amended— 

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

9 as paragraphs (3), (6), (7), (8), (9), (10), (11), (14), 

10 (15), (16), (17), (18), (19), and (20), respectively; 

11 (2) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) ADVANCED NUCLEAR REACTOR APPLI14 CANT.—The term ‘advanced nuclear reactor appli15 cant’ means an entity that has submitted to the Com16 mission an application for a license for an advanced 

17 nuclear reactor under the Atomic Energy Act of 1954 

18 (42 U.S.C. 2011 et seq.).’’; 

19 (3) by inserting after paragraph (3) (as so redes20 ignated) the following: 

21 ‘‘(4) ADVANCED NUCLEAR REACTOR

22 PREAPPLICANT.—The term ‘advanced nuclear reactor 

23 preapplicant’ means an entity that has submitted to 

24 the Commission a licensing project plan for the pur25 poses of submitting a future application for a license 


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1 for an advanced nuclear reactor under the Atomic 

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

3 ‘‘(5) AGENCY SUPPORT.—The term ‘agency sup4 port’ has the meaning given the term ‘agency support 

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

6 title 10, Code of Federal Regulations (or any suc7 cessor regulation).’’; and 

8 (4) by inserting after paragraph (11) (as so re9 designated) the following: 

10 ‘‘(12) MISSION-DIRECT PROGRAM SALARIES AND

11 BENEFITS.—The term ‘mission-direct program sala12 ries and benefits’ has the meaning given such term in 

13 section 170.3 of title 10, Code of Federal Regulations 

14 (or any successor regulation). 

15 ‘‘(13) MISSION-INDIRECT PROGRAM SUPPORT.— 

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

17 meaning given such term in section 170.3 of title 10, 

18 Code of Federal Regulations (or any successor regula19 tion).’’. 

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

21 the Nuclear Energy Innovation and Modernization Act (42 

22 U.S.C. 2215(b)(1)(B)) is amended by adding at the end the 

23 following: 

24 ‘‘(iv) The total costs of mission-indirect 

25 program support and agency support that, 


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1 under paragraph (2)(B)(ii), may not be in2 cluded in the professional hourly rate 

3 charged for fees assessed and collected from 

4 advanced nuclear reactor applicants. 

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

6 program support and agency support that, 

7 under paragraph (2)(C)(ii), may not be in8 cluded in the professional hourly rate 

9 charged for fees assessed and collected from 

10 advanced nuclear reactor preapplicants.’’. 

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

12 102(b) of the Nuclear Energy Innovation and Moderniza13 tion Act (42 U.S.C. 2215(b)) is amended by striking para14 graph (2) and inserting the following: 

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

16 ‘‘(A) IN GENERAL.—In accordance with sec17 tion 9701 of title 31, United States Code, the 

18 Commission shall assess and collect fees from 

19 any person who receives a service or thing of 

20 value from the Commission to cover the costs to 

21 the Commission of providing the service or thing 

22 of value. 

23 ‘‘(B) ADVANCED NUCLEAR REACTOR APPLI24 CANTS.—The professional hourly rate charged for 

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1 clear reactor applicant under this paragraph re2 lating to the review of a submitted application 

3 for an advanced nuclear reactor may not— 

4 ‘‘(i) exceed the professional hourly rate 

5 for mission-direct program salaries and 

6 benefits of the Nuclear Reactor Safety Pro7 gram; and 

8 ‘‘(ii) include the costs of mission-indi9 rect program support and agency support. 

10 ‘‘(C) ADVANCED NUCLEAR REACTOR

11 PREAPPLICANTS.—The professional hourly rate 

12 charged for fees assessed and collected from an 

13 advanced nuclear reactor preapplicant under 

14 this paragraph relating to the review of sub15 mitted materials as described in the licensing 

16 project plan of such advanced nuclear reactor 

17 preapplicant may not— 

18 ‘‘(i) exceed the professional hourly rate 

19 for mission-direct program salaries and 

20 benefits of the Nuclear Reactor Safety Pro21 gram; and 

22 ‘‘(ii) include the costs of mission-indi23 rect program support and agency support. 

24 ‘‘(D) CALCULATION OF HOURLY RATE.—In 

25 this paragraph, the professional hourly rate for 


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1 mission-direct program salaries and benefits of 

2 the Nuclear Reactor Safety Program equals the 

3 quotient obtained by dividing— 

4 ‘‘(i) the full-time equivalent rate (with5 in the meaning of the document of the Com6 mission entitled ‘FY 2023 Final Fee Rule 

7 Work Papers’ (or a successor document)) for 

8 mission-direct program salaries and benefits 

9 of the Nuclear Reactor Safety Program (as 

10 determined by the Commission) for a fiscal 

11 year; by 

12 ‘‘(ii) the productive hours assumption 

13 for that fiscal year, determined in accord14 ance with the formula established in the 

15 document referred to in clause (i) (or a suc16 cessor document).’’. 

17 (d) SUNSET.—Section 102(f) of the Nuclear Energy 

18 Innovation and Modernization Act (42 U.S.C. 2215(f)) is 

19 amended to read as follows: 

20 ‘‘(f) CESSATION OF EFFECTIVENESS.—Paragraphs 

21 (1)(B)(v) and (2)(C) of subsection (b) shall cease to be effec22 tive on September 30, 2029.’’. 

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

24 section shall take effect on October 1, 2024. 


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1 SEC. 112. ADVANCED NUCLEAR REACTOR PRIZE. 

2 Section 103 of the Nuclear Energy Innovation and 

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

4 is amended by adding at the end the following: 

5 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI6 CENSING.— 

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

8 subsection, the term ‘eligible entity’ means— 

9 ‘‘(A) a non-Federal entity; and 

10 ‘‘(B) the Tennessee Valley Authority. 

11 ‘‘(2) PRIZE FOR ADVANCED NUCLEAR REACTOR

12 LICENSING.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding sec14 tion 169 of the Atomic Energy Act of 1954 (42 

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

16 appropriations, the Secretary is authorized to 

17 make, with respect to each award category de18 scribed in subparagraph (C), an award in an 

19 amount described in subparagraph (B) to the 

20 first eligible entity— 

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

22 operating license for an advanced nuclear 

23 reactor under part 50 of title 10, Code of 

24 Federal Regulations (or successor regula25 tions), for which an application has not 


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1 been approved by the Commission as of the 

2 date of enactment of this subsection; or 

3 ‘‘(ii) for which the Commission makes 

4 a finding described in section 52.103(g) of 

5 title 10, Code of Federal Regulations (or 

6 successor regulations), with respect to a 

7 combined license for an advanced nuclear 

8 reactor— 

9 ‘‘(I) that is issued under subpart 

10 C of part 52 of that title (or successor 

11 regulations); and 

12 ‘‘(II) for which an application 

13 has not been approved by the Commis14 sion as of the date of enactment of this 

15 subsection. 

16 ‘‘(B) AMOUNT OF AWARD.—Subject to para17 graph (3), an award under subparagraph (A) 

18 shall be in an amount equal to the total amount 

19 assessed by the Commission and collected under 

20 section 102(b)(2) from the eligible entity receiv21 ing the award for costs relating to the issuance 

22 of the license described in that subparagraph, in23 cluding, as applicable, costs relating to the 

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1 eral Regulations (or successor regulations), or 

2 early site permit (as defined in section 52.1 of 

3 that title (or successor regulations)). 

4 ‘‘(C) AWARD CATEGORIES.—An award 

5 under subparagraph (A) may be made for— 

6 ‘‘(i) the first advanced nuclear reactor 

7 for which the Commission— 

8 ‘‘(I) issues a license in accordance 

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

10 ‘‘(II) makes a finding in accord11 ance with clause (ii) of that subpara12 graph; 

13 ‘‘(ii) an advanced nuclear reactor 

14 that— 

15 ‘‘(I) uses isotopes derived from 

16 spent nuclear fuel (as defined in sec17 tion 2 of the Nuclear Waste Policy Act 

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

19 uranium as fuel for the advanced nu20 clear reactor; and 

21 ‘‘(II) is the first advanced nuclear 

22 reactor described in subclause (I) for 

23 which the Commission— 


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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 


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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 


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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 LIMITATION.— 

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) REPAYMENTS AND DIVIDENDS NOT RE24 QUIRED.—Notwithstanding section 9104(a)(4) of 

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1 sion of law, an eligible entity that received 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 Subtitle C—Siting, Licensing, and 

10 Oversight Reviews 

11 SEC. 121. MODERNIZATION OF NUCLEAR REACTOR ENVI12 RONMENTAL REVIEWS. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of enactment of this Act, the Nuclear Regulatory Com15 mission (in this section referred to as the ‘‘Commission’’) 

16 shall submit to the Committee on Environment and Public 

17 Works of the Senate and the Committee on Energy and 

18 Commerce of the House of Representatives a report on the 

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

20 predictable environmental reviews of nuclear reactor appli21 cations, including through expanded use of categorical ex22 clusions, environmental assessments, and generic environ23 mental impact statements. 

24 (b) REPORT.—In completing the report under sub25 section (a), the Commission shall— 


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1 (1) describe the actions the Commission will take 

2 to implement the amendments to the National Envi3 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

4 made by section 321 of the Fiscal Responsibility Act 

5 of 2023; 

6 (2) consider— 

7 (A) using through adoption, incorporation 

8 by reference, or other appropriate means, cat9 egorical exclusions, environmental assessments, 

10 and environmental impact statements prepared 

11 by other Federal agencies to streamline environ12 mental reviews of nuclear reactor applications 

13 by the Commission; 

14 (B) using categorical exclusions, environ15 mental assessments, and environmental impact 

16 statements prepared by the Commission to 

17 streamline environmental reviews of nuclear re18 actor applications by the Commission; 

19 (C) using mitigated findings of no signifi20 cant impact in environmental reviews of nuclear 

21 reactor applications by the Commission to reduce 

22 the impact of a proposed action to a level that 

23 is not significant; 

24 (D) the extent to which the Commission 

25 may rely on prior studies or analyses prepared 


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1 by Federal, State, and local governmental per2 mitting agencies to streamline environmental re3 views of nuclear reactor applications by the 

4 Commission; 

5 (E) opportunities to coordinate the develop6 ment of environmental assessments and environ7 mental impact statements with other Federal 

8 agencies to avoid duplicative environmental re9 views and to streamline environmental reviews 

10 of nuclear reactor applications by the Commis11 sion; 

12 (F) opportunities to streamline formal and 

13 informal consultations and coordination with 

14 other Federal, State, and local governmental per15 mitting agencies during environmental reviews 

16 of nuclear reactor applications by the Commis17 sion; 

18 (G) opportunities to streamline the Com19 mission’s analyses of alternatives, including the 

20 Commission’s analysis of alternative sites, in en21 vironmental reviews of nuclear reactor applica22 tions by the Commission; 

23 (H) establishing new categorical exclusions 

24 that could be applied to actions relating to new 

25 nuclear reactors applications; 


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

2 Code of Federal Regulations, to allow the Com3 mission to determine on a case-specific basis 

4 whether an environmental assessment (rather 

5 than an environmental impact statement or sup6 plemental environmental impact statement) is 

7 appropriate for a particular nuclear reactor ap8 plication, including in proceedings in which the 

9 Commission relies upon a generic environmental 

10 impact statement for advanced nuclear reactors; 

11 (J) authorizing the use of an applicant’s en12 vironmental impact statement as the Commis13 sion’s draft environmental impact statement, 

14 consistent with section 107(f) of the National 

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

16 4336a(f)); 

17 (K) opportunities to adopt online and dig18 ital technologies, including technologies that 

19 would allow applicants and cooperating agencies 

20 to upload documents and coordinate with the 

21 Commission to edit documents in real time, that 

22 would streamline communications between— 

23 (i) the Commission and applicants; 

24 and 


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1 (ii) the Commission and other relevant 

2 cooperating agencies; 

3 (L) in addition to implementing measures 

4 under subsection (c), potential revisions to part 

5 51 of title 10, Code of Federal Regulations, and 

6 relevant Commission guidance documents, to— 

7 (i) facilitate efficient, timely, and pre8 dictable environmental reviews of nuclear 

9 reactor applications; 

10 (ii) assist decision-making about rel11 evant environmental issues; 

12 (iii) maintain openness with the pub13 lic; 

14 (iv) meet obligations under the Na15 tional Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.); and 

17 (v) reduce burdens on licensees, appli18 cants, and the Commission; and 

19 (3) include a schedule for promulgating the rule 

20 required under subsection (c). 

21 (c) RULEMAKING.—Not later than 2 years after the 

22 submission of the report under subsection (a), the Commis23 sion shall promulgate a final rule implementing, to the 

24 maximum extent practicable, measures considered by the 

25 Commission under subsection (b)(2) that are necessary to 


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1 streamline the Commission’s review of nuclear reactor ap2 plications. 

3 SEC. 122. NUCLEAR FOR BROWNFIELD SITES. 

4 (a) DEFINITIONS.—In this section: 

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

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

7 of the Comprehensive Environmental Response, Com8 pensation, and Liability Act of 1980 (42 U.S.C. 

9 9601). 

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

11 means the Nuclear Regulatory Commission. 

12 (3) COVERED SITE.—The term ‘‘covered site’’ 

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

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

15 brownfield site. 

16 (4) PRODUCTION FACILITY.—The term ‘‘produc17 tion facility’’ has the meaning given the term in sec18 tion 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

19 2014). 

20 (5) RETIRED FOSSIL FUEL SITE.—The term ‘‘re21 tired fossil fuel site’’ means the site of 1 or more fossil 

22 fuel electric generation facilities that are retired or 

23 scheduled to retire, including multiunit facilities that 

24 are partially shut down. 


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1 (6) UTILIZATION FACILITY.—The term ‘‘utiliza2 tion facility’’ has the meaning given the term in sec3 tion 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

4 2014). 

5 (b) IDENTIFICATION OF REGULATORY ISSUES.— 

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

7 the date of enactment of this Act, the Commission 

8 shall evaluate the extent to which modification of reg9 ulations, guidance, or policy is needed to enable effi10 cient, timely, and predictable licensing reviews for, 

11 and to support the oversight of, production facilities 

12 or utilization facilities at covered sites. 

13 (2) REQUIREMENT.—In carrying out paragraph 

14 (1), the Commission shall consider how licensing re15 views for production facilities or utilization facilities 

16 at covered sites may be expedited by— 

17 (A) siting and operating a production facil18 ity or a utilization facility at or near existing 

19 site infrastructure to support the reuse of such 

20 infrastructure, including— 

21 (i) electric switchyard components and 

22 transmission infrastructure; 

23 (ii) heat-sink components; 

24 (iii) steam cycle components; 

25 (iv) roads; 


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1 (v) railroad access; and 

2 (vi) water availability; 

3 (B) using early site permits; 

4 (C) using plant parameter envelopes or 

5 similar standardized site parameters on a por6 tion of a larger site; and 

7 (D) using a standardized application for 

8 similar sites. 

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

10 date of enactment of this Act, the Commission shall 

11 submit to the appropriate committees of Congress a 

12 report describing any regulations, guidance, and poli13 cies evaluated under paragraph (1). 

14 (c) LICENSING.— 

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

16 the date of enactment of this Act, the Commission 

17 shall, based on the evaluation under subsection (b)— 

18 (A) develop and implement strategies to en19 able efficient, timely, and predictable licensing 

20 reviews for, and to support the oversight of, pro21 duction facilities or utilization facilities at cov22 ered sites; and 

23 (B) initiate a rulemaking to enable effi24 cient, timely, and predictable licensing reviews 


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1 for, and to support the oversight of, production 

2 facilities or utilization facilities at covered sites. 

3 (2) REQUIREMENTS.—In carrying out para4 graph (1), consistent with the mission of the Commis5 sion, the Commission shall consider matters relating 

6 to— 

7 (A) the use of existing site infrastructure; 

8 (B) existing emergency preparedness orga9 nizations and planning; 

10 (C) the availability of historical site-specific 

11 environmental data; 

12 (D) previously completed environmental re13 views required by the National Environmental 

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

15 (E) activities associated with the potential 

16 decommissioning of facilities or decontamination 

17 and remediation at covered sites; and 

18 (F) community engagement and historical 

19 experience with energy production. 

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

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

22 the Committee on Energy and Commerce of the House of 

23 Representatives and the Committee on Environment and 

24 Public Works of the Senate a report describing the actions 

25 taken by the Commission under subsection (c)(1). 


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1 SEC. 123. ADVANCEMENT OF NUCLEAR REGULATORY OVER2 SIGHT. 

3 (a) IMPLEMENTING LESSONS LEARNED FROM THE

4 COVID–19 HEALTH EMERGENCY.— 

5 (1) IN GENERAL.—Not later than 180 days after 

6 the date of enactment of this Act, the Commission 

7 shall submit to the appropriate committees of Con8 gress a report on actions taken by the Commission 

9 during the public health emergency declared by the 

10 Secretary of Health and Human Services under sec11 tion 319 of the Public Health Service Act (42 U.S.C. 

12 247d) on January 31, 2020, with respect to COVID– 

13 19. 

14 (2) CONTENTS.—The report submitted under 

15 paragraph (1) shall— 

16 (A) identify any processes, procedures, and 

17 other regulatory policies that the Commission re18 vised or temporarily suspended during the public 

19 health emergency described in paragraph (1); 

20 (B) examine how any revision or temporary 

21 suspension of a process, procedure, or other regu22 latory policy identified under subparagraph (A) 

23 affected the ability of the Commission to license 

24 and regulate the civilian use of radioactive mate25 rials in the United States to protect public 


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1 health and safety, promote the common defense 

2 and security, and protect the environment; 

3 (C) discuss lessons learned from the matters 

4 described in subparagraph (B); 

5 (D) list actions that the Commission has 

6 taken or will take to incorporate into the licens7 ing and oversight activities of the Commission, 

8 without compromising the mission of the Com9 mission, the lessons described in subparagraph 

10 (C); and 

11 (E) describe when the actions listed under 

12 subparagraph (D) were implemented or may be 

13 implemented. 

14 (b) ADVANCING EFFICIENT, RISK-INFORMED OVER15 SIGHT AND INSPECTIONS.— 

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

17 the date of enactment of this Act, the Commission 

18 shall develop and submit to the appropriate commit19 tees of Congress a report that identifies specific im20 provements to the nuclear reactor and materials over21 sight and inspection programs carried out pursuant 

22 to the Atomic Energy Act of 1954 that the Commis23 sion may implement to maximize the efficiency of 

24 such programs through, where appropriate, the use of 

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1 panded incorporation of information technologies, 

2 and staff training. 

3 (2) STAKEHOLDER INPUT.—In developing the re4 port under paragraph (1), the Commission shall, as 

5 appropriate, seek input from— 

6 (A) the Secretary of Energy; 

7 (B) the National Laboratories; 

8 (C) the nuclear energy industry; and 

9 (D) nongovernmental organizations that are 

10 related to nuclear energy. 

11 (3) CONTENTS.—The report submitted under 

12 paragraph (1) shall— 

13 (A) assess specific elements of oversight and 

14 inspections that may be modified by the use of 

15 technology, improved planning, and continually 

16 updated risk-informed, performance-based assess17 ment, including— 

18 (i) use of travel resources; 

19 (ii) planning and preparation for in20 spections, including entrance and exit meet21 ings with licensees; 

22 (iii) document collection and prepara23 tion, including consideration of whether nu24 clear reactor data are accessible prior to on25 site visits or requests to the licensee and 


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1 that document requests are timely and with2 in the scope of inspections; 

3 (iv) the cross-cutting issues program; 

4 and 

5 (v) the scope of event reporting re6 quired by licensees to ensure decisions are 

7 risk-informed; 

8 (B) identify and assess measures to improve 

9 oversight and inspections, including— 

10 (i) elimination of areas of duplicative 

11 or otherwise unnecessary activities; 

12 (ii) increased use of templates in docu13 menting inspection results; and 

14 (iii) periodic training of Commission 

15 staff and leadership on the application of 

16 risk-informed criteria for— 

17 (I) inspection planning and as18 sessments; 

19 (II) agency decision making proc20 esses on the application of regulations 

21 and guidance; and 

22 (III) the application of the Com23 mission’s standard of reasonable assur24 ance of adequate protection; 


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1 (C) assess measures to advance risk-in2 formed procedures, including— 

3 (i) increased use of inspection ap4 proaches that balance the level of resources 

5 commensurate with safety significance; 

6 (ii) increased review of the use of in7 spection program resources based on licensee 

8 performance; 

9 (iii) expansion of modern information 

10 technology, including artificial intelligence 

11 and machine learning to risk inform over12 sight and inspection decisions; and 

13 (iv) updating the Differing Profes14 sional Views or Opinions process to ensure 

15 any impacts on agency decisions and sched16 ules are commensurate with the safety sig17 nificance of the differing opinion; 

18 (D) assess the ability of the Commission, 

19 consistent with its obligations to provide reason20 able assurance of adequate protection of health 

21 and safety pursuant to the Atomic Energy Act of 

22 1954, to enable licensee innovations that may 

23 advance nuclear reactor operational efficiency 

24 and safety, including the criteria of the Commis25 sion for timely acceptance of licensee adoption of 


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1 advanced technologies, including digital tech2 nologies; 

3 (E) identify recommendations resulting 

4 from the assessments described in subparagraphs 

5 (A) through (D); 

6 (F) identify specific actions that the Com7 mission will take to incorporate into the train8 ing, inspection, oversight, and licensing activi9 ties, and regulations of the Commission, without 

10 compromising the mission of the Commission, 

11 the recommendations identified under subpara12 graph (E); and 

13 (G) describe when the actions identified 

14 under subparagraph (F) may be implemented. 

15 (c) OFFICE AND FACILITY SPACE REVIEW.— 

16 (1) REPORT.—Not later than 1 year after the 

17 date of enactment of this Act, the Comptroller General 

18 of the United States shall— 

19 (A) review office and other facility space re20 quirements of the Commission; and 

21 (B) submit to the appropriate committees of 

22 Congress a report, with recommendations, on the 

23 results of such review. 

24 (2) CONTENTS.—The report described in para25 graph (1) shall include— 


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1 (A) an examination of— 

2 (i) the costs associated with the head3 quarters, regional offices, and technical 

4 training center of the Commission, includ5 ing examination of— 

6 (I) costs that do not support the 

7 Commission’s mission, including rent 

8 subsidies for other Federal agencies; 

9 and 

10 (II) opportunities to reduce future 

11 costs through reduction in unnecessary 

12 office space, consolidation of offices, use 

13 of advanced information technology, or 

14 any other appropriate means; and 

15 (ii) current and anticipated office and 

16 facility requirements to efficiently accom17 plish the mission of the Commission; and 

18 (B) recommendations to Congress, the Com19 mission, and the General Services Administra20 tion for actions that may assist in reducing of21 fice and facility costs to licensees and taxpayers. 

22 (d) DEFINITIONS.—In this section: 

23 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

24 The term ‘‘appropriate committees of Congress’’ 

25 means the Committee on Energy and Commerce of the 


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1 House of Representatives and the Committee on Envi2 ronment and Public Works of the Senate. 

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

4 means the Nuclear Regulatory Commission. 

5 (3) LICENSEE.—The term ‘‘licensee’’ means a 

6 person that holds a license issued under section 103 

7 or section 104 of the Atomic Energy Act of 1954 (42 

8 U.S.C. 2133; 2134). 

9 TITLE II—NUCLEAR 

10 TECHNOLOGY DEPLOYMENT 

11 SEC. 201. ADVANCED NUCLEAR DEPLOYMENT. 

12 (a) ENABLING PREPARATIONS FOR ADVANCED NU13 CLEAR REACTOR DEMONSTRATIONS ON FEDERAL SITES.— 

14 (1) IN GENERAL.—Section 102(b)(1)(B) of the 

15 Nuclear Energy Innovation and Modernization Act 

16 (42 U.S.C. 2215(b)(1)(B)) is further amended by add17 ing at the end the following: 

18 ‘‘(vi) Costs for— 

19 ‘‘(I) activities to review and ap20 prove or disapprove an application for 

21 an early site permit (as defined in sec22 tion 52.1 of title 10, Code of Federal 

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1 ergy site or any site or installation 

2 that is critical national security infra3 structure (as defined in section 327(d) 

4 of the John S. McCain National De5 fense Authorization Act for Fiscal Year 

6 2019); and 

7 ‘‘(II) pre-application activities re8 lating to an early site permit (as so 

9 defined) to demonstrate an advanced 

10 nuclear reactor on a Department of 

11 Energy site or any site or installation 

12 that is critical national security infra13 structure (as defined in section 327(d) 

14 of the John S. McCain National De15 fense Authorization Act for Fiscal Year 

16 2019).’’. 

17 (2) EFFECTIVE DATE.—The amendment made by 

18 paragraph (1) shall take effect on October 1, 2024. 

19 (b) REGULATORY REQUIREMENTS FOR MICRO-REAC20 TORS.— 

21 (1) MICRO-REACTOR LICENSING.—The Nuclear 

22 Regulatory Commission (in this subsection referred to 

23 as the ‘‘Commission’’) shall— 

24 (A) not later than 18 months after the date 

25 of enactment of this Act, develop risk-informed 


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1 and performance-based strategies and guidance 

2 to license and regulate micro-reactors pursuant 

3 to section 103 of the Atomic Energy Act of 1954 

4 (42 U.S.C. 2133), including strategies and guid5 ance for— 

6 (i) staffing and operations; 

7 (ii) oversight and inspections; 

8 (iii) safeguards and security; 

9 (iv) emergency preparedness; 

10 (v) risk analysis methods, including al11 ternatives to probabilistic risk assessments; 

12 (vi) decommissioning funding assur13 ance methods that permit the use of design14 and site-specific cost estimates; 

15 (vii) the transportation of fueled 

16 micro-reactors; and 

17 (viii) siting, including in relation to— 

18 (I) the population density cri19 terion limit described in the policy 

20 issue paper on population-related 

21 siting considerations for advanced re22 actors dated May 8, 2020, and num23 bered SECY–20–0045; 

24 (II) licensing mobile deployment; 

25 and 


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1 (III) environmental reviews; and 

2 (B) not later than 3 years after the date of 

3 enactment of this Act, implement, as appro4 priate, the strategies and guidance developed 

5 under subparagraph (A)— 

6 (i) within the existing regulatory 

7 framework; 

8 (ii) through the technology-inclusive, 

9 regulatory framework to be established 

10 under section 103(a)(4)(A) of the Nuclear 

11 Energy Innovation and Modernization Act 

12 (42 U.S.C. 2133 note; Public Law 115– 

13 439); or 

14 (iii) through a pending or new rule15 making. 

16 (2) CONSIDERATIONS.—In developing and imple17 menting strategies and guidance under paragraph 

18 (1), the Commission shall consider— 

19 (A) the unique characteristics of micro-reac20 tors, including characteristics relating to— 

21 (i) physical size; 

22 (ii) design simplicity; and 

23 (iii) source term; 

24 (B) opportunities to address redundancies 

25 and inefficiencies; 


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1 (C) opportunities to consolidate review 

2 phases and reduce transitions between review 

3 teams; 

4 (D) opportunities to establish integrated re5 view teams to ensure continuity throughout the 

6 review process; and 

7 (E) other relevant considerations discussed 

8 in the policy issue paper on policy and licensing 

9 considerations related to micro-reactors dated 

10 October 6, 2020, and numbered SECY–20–0093. 

11 (3) CONSULTATION.—In carrying out paragraph 

12 (1), the Commission shall consult with— 

13 (A) the Secretary of Energy; 

14 (B) the heads of other Federal agencies, as 

15 appropriate; 

16 (C) micro-reactor technology developers; and 

17 (D) other stakeholders. 

18 (c) EXPEDITED SUBSEQUENT COMBINED LICENSES.— 

19 (1) IN GENERAL.—In accordance with this sub20 section, the Nuclear Regulatory Commission (referred 

21 to in this subsection as the ‘‘Commission’’) shall es22 tablish and carry out an expedited procedure for 

23 issuing a combined license pursuant to section 185 b. 

24 of the Atomic Energy Act of 1954 (42 U.S.C. 2235). 


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1 (2) QUALIFICATIONS.—To qualify for the expe2 dited procedure under paragraph (1), an applicant— 

3 (A) shall submit a combined license appli4 cation for a new nuclear reactor based off a pre5 viously licensed design; 

6 (B) shall propose to construct the new nu7 clear reactor on or adjacent to a site on which 

8 a nuclear reactor already operates or previously 

9 operated; and 

10 (C) may not be subject to an order of the 

11 Commission to suspend or revoke a license under 

12 section 2.202 of title 10, Code of Federal Regula13 tions (or any successor regulation). 

14 (3) EXPEDITED PROCEDURE.—With respect to a 

15 combined license for which the applicant has satisfied 

16 the requirements described in paragraph (2), the 

17 Commission shall, to the maximum extent prac18 ticable— 

19 (A) not later than 1 year after the applica20 tion is accepted for docketing, issue a draft envi21 ronmental impact statement; 

22 (B) not later than 18 months after the ap23 plication is accepted for docketing— 

24 (i) complete the technical review proc25 ess; and 


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1 (ii) issue a safety evaluation report 

2 and final environmental impact statement; 

3 (C) not later than 2 years after the applica4 tion is accepted for docketing, complete any nec5 essary public licensing hearings and related 

6 processes; and 

7 (D) not later than 25 months after the ap8 plication is accepted for docketing, make a final 

9 decision on whether to issue the combined license. 

10 (4) PERFORMANCE AND REPORTING.— 

11 (A) DELAYS IN ISSUANCE.—Not later than 

12 30 days after the applicable deadline, the Execu13 tive Director for Operations of the Commission 

14 shall inform the Commission of any failure to 

15 meet a deadline under paragraph (3). 

16 (B) DELAYS IN ISSUANCE EXCEEDING 90

17 DAYS.—If any deadline under paragraph (3) is 

18 not met by the date that is 90 days after the ap19 plicable date required under such paragraph, the 

20 Commission shall submit to the Committee on 

21 Environment and Public Works of the Senate 

22 and the Committee on Energy and Commerce of 

23 the House of Representatives a report describing 

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1 counting for the delay and a plan for completion 

2 of the applicable action. 

3 (d) PILOT PROGRAM FOR NUCLEAR POWER PURCHASE

4 AGREEMENTS.— 

5 (1) IN GENERAL.—Subtitle B of title VI of the 

6 Energy Policy Act of 2005 (Public Law 109–58; 119 

7 Stat. 782) is amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 639A. LONG-TERM NUCLEAR POWER PURCHASE 

10 AGREEMENT PILOT PROGRAM. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

12 a pilot program under which the Secretary shall enter into 

13 at least one long-term power purchase agreement for power 

14 generated by a commercial nuclear reactor with respect to 

15 which an operating license is issued by the Nuclear Regu16 latory Commission after January 1, 2024. 

17 ‘‘(b) REQUIREMENTS.—In establishing the pilot pro18 gram under this section, the Secretary shall— 

19 ‘‘(1) consult with the heads of other Federal de20 partments and agencies that may benefit from pur21 chasing nuclear power for a period of longer than 10 

22 years, including the Secretary of Defense; and 

23 ‘‘(2) not later than December 31, 2028, enter 

24 into at least one long-term agreement to purchase 


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1 power from a commercial nuclear reactor described in 

2 subsection (a). 

3 ‘‘(c) PERIOD OF AGREEMENT.—Notwithstanding any 

4 other provision of law, an agreement entered into pursuant 

5 to subsection (b)(2) to purchase power from a commercial 

6 nuclear reactor shall be made for a period of at least 10 

7 years and not more than 40 years. 

8 ‘‘(d) PRIORITY.—In carrying out this section, the Sec9 retary shall prioritize entering into long-term power pur10 chase agreements for power generated by first-of-a-kind or 

11 early deployment commercial nuclear reactors that will 

12 provide reliable and resilient power— 

13 ‘‘(1) to high-value assets for national security 

14 purposes; or 

15 ‘‘(2) for other purposes that the Secretary deter16 mines are in the national interest, including for re17 mote off-grid scenarios or grid-connected scenarios 

18 that provide capabilities commonly known as 

19 ‘islanding power capabilities’ during an emergency. 

20 ‘‘(e) RATES.—A long-term power purchase agreement 

21 entered into under this section may not be at a rate that 

22 is higher than the average market rate, unless the agreement 

23 is for power generated by a commercial nuclear reactor de24 scribed in subsection (d).’’. 


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

2 of the Energy Policy Act of 2005 (Public Law 109– 

3 58; 119 Stat. 594) is amended by inserting after the 

4 item relating to section 639 the following: 

‘‘Sec. 639A. Long-term nuclear power purchase agreement pilot program.’’. 

5 SEC. 202. GLOBAL NUCLEAR COOPERATION. 

6 (a) GLOBAL NUCLEAR ENERGY ASSESSMENT

7 STUDY.— 

8 (1) STUDY REQUIRED.—Not later than 1 year 

9 after the date of enactment of this Act, the Secretary 

10 of Energy, in consultation with the Secretary of 

11 State, the Secretary of Commerce, the Administrator 

12 of the Environmental Protection Agency, and the 

13 Commission, shall conduct a study on the global sta14 tus of— 

15 (A) the civilian nuclear energy industry; 

16 and 

17 (B) the supply chains of the civilian nu18 clear energy industry. 

19 (2) CONTENTS.—The study conducted under 

20 paragraph (1) shall include— 

21 (A) information on the status of the civilian 

22 nuclear energy industry, the long-term risks to 

23 such industry, and the basis for such risks; 

24 (B) information on how the use of the civil25 ian nuclear energy industry, relative to other 


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1 types of energy industries, can reduce the emis2 sion of criteria pollutants and carbon dioxide; 

3 (C) information on the role the United 

4 States civilian nuclear energy industry plays in 

5 United States foreign policy; 

6 (D) information on the importance of the 

7 United States civilian nuclear energy industry 

8 to countries that are allied to the United States; 

9 (E) information on how the United States 

10 may collaborate with such countries in devel11 oping, deploying, and investing in nuclear tech12 nology; 

13 (F) information on how foreign countries 

14 use nuclear energy when crafting and imple15 menting their own foreign policy, including such 

16 use by foreign countries that are strategic com17 petitors; 

18 (G) an evaluation of how nuclear non19 proliferation and security efforts and nuclear en20 ergy safety are affected by the involvement of the 

21 United States in— 

22 (i) international markets; and 

23 (ii) setting civilian nuclear energy in24 dustry standards; 


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1 (H) an evaluation of how industries in the 

2 United States, other than the civilian nuclear 

3 energy industry, benefit from the generation of 

4 electricity by nuclear power plants; 

5 (I) information on utilities and companies 

6 in the United States that are involved in the ci7 vilian nuclear energy supply chain, including, 

8 with respect to such utilities and companies— 

9 (i) financial challenges; 

10 (ii) nuclear liability issues; 

11 (iii) foreign strategic competition; and 

12 (iv) risks to continued operation; and 

13 (J) recommendations for how the United 

14 States may— 

15 (i) develop a national strategy to in16 crease the role nuclear energy plays in di17 plomacy and strategic energy policy; 

18 (ii) develop a strategy to mitigate for19 eign competitor’s utilization of their civil20 ian nuclear energy industries in diplomacy; 

21 (iii) align its nuclear energy policy 

22 with national security objectives; and 

23 (iv) remove regulatory barriers to the 

24 development of the United States civilian 

25 nuclear energy supply chain. 


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1 (3) REPORT TO CONGRESS.—Not later than 6 

2 months after the study is conducted under paragraph 

3 (1), the Secretary of Energy shall submit to the ap4 propriate committees of Congress a report, including 

5 a classified annex as necessary, on the results of such 

6 study. 

7 (b) PROGRAM TO TRAIN AND SHARE EXPERTISE.— 

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

9 the date of enactment of this Act, the Secretary of En10 ergy, in consultation with the Secretary of State and 

11 the Commission, shall develop and carry out a pro12 gram under which the Secretary of Energy shall train 

13 foreign nuclear energy experts and standardize prac14 tices. 

15 (2) REQUIREMENTS.—In carrying out the pro16 gram developed under paragraph (1), the Secretary of 

17 Energy shall— 

18 (A) issue guidance for best safety practices 

19 in the global civilian nuclear energy industry 

20 based on practices established in the United 

21 States; 

22 (B) train foreign nuclear energy experts on 

23 the operation and safety and security practices 

24 used by the United States civilian nuclear en25 ergy industry; 


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1 (C) review global supply chain risks for for2 eign civilian nuclear energy industries; 

3 (D) identify weaknesses and concerns found 

4 in foreign civilian nuclear energy industries; 

5 and 

6 (E) establish partnerships with foreign 

7 countries that have developed or are developing 

8 civilian nuclear energy industries. 

9 (3) FOREIGN NUCLEAR ENERGY EXPERT.—In 

10 this subsection, the term ‘‘foreign nuclear energy ex11 pert’’ does not include a person who is from a coun12 try— 

13 (A) in which intellectual property theft is 

14 legal; 

15 (B) that takes actions to undermine the ci16 vilian nuclear energy industry or other critical 

17 industries of the United States; or 

18 (C) which the Secretary of Energy deter19 mines is inimical to the interest of the United 

20 States. 

21 (c) INTERNATIONAL NUCLEAR REACTOR EXPORT AND

22 INNOVATION ACTIVITIES.— 

23 (1) COORDINATION.—The Commission shall— 

24 (A) coordinate all work of the Commission 

25 relating to— 


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1 (i) issuing a license for the import or 

2 export of a nuclear reactor under section 

3 103 of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2133); and 

5 (ii) international regulatory coopera6 tion and assistance relating to nuclear reac7 tors; and 

8 (B) support— 

9 (i) the consideration of international 

10 technical standards to assist the design, li11 censing, and construction of advanced nu12 clear systems; 

13 (ii) efforts to help build competent nu14 clear regulatory organizations and legal 

15 frameworks in foreign countries that are 

16 seeking to develop civilian nuclear energy 

17 industries; and 

18 (iii) exchange programs and training 

19 provided in coordination with the Secretary 

20 of State to foreign countries relating to ci21 vilian nuclear energy industry regulation 

22 and oversight to improve nuclear technology 

23 licensing. 


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1 (2) CONSULTATION.—In supporting exchange 

2 programs and training under paragraph (1)(B)(iii), 

3 the Commission shall consult with— 

4 (A) the Secretary of Energy; 

5 (B) the Secretary of State; 

6 (C) the National Laboratories; 

7 (D) the private sector; and 

8 (E) institutions of higher education. 

9 (3) NUCLEAR REACTOR EXPORT AND INNOVATION

10 BRANCH.—The Commission may establish within the 

11 Office of International Programs of the Commission 

12 a branch, to be known as the ‘‘International Nuclear 

13 Reactor Export and Innovation Branch’’, to carry out 

14 the nuclear reactor export and innovation activities 

15 described in paragraph (1) as the Commission deter16 mines appropriate. 

17 (4) EXCLUSION OF INTERNATIONAL ACTIVITIES

18 FROM THE FEE BASE.— 

19 (A) IN GENERAL.—Section 102 of the Nu20 clear Energy Innovation and Modernization Act 

21 (42 U.S.C. 2215) is amended— 

22 (i) in subsection (a), by adding at the 

23 end the following: 

24 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EXPORT

25 AND INNOVATION ACTIVITIES.—The Commission shall 


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1 identify in the annual budget justification inter2 national nuclear reactor export and innovation ac3 tivities described in section 202(c)(1) of the Atomic 

4 Energy Advancement Act.’’; and 

5 (ii) in subsection (b)(1)(B), as amend6 ed by the preceding provisions of this Act, 

7 by adding at the end the following: 

8 ‘‘(vii) Costs for international nuclear 

9 reactor export and innovation activities de10 scribed in section 202(c)(1) of the Atomic 

11 Energy Advancement Act.’’. 

12 (B) EFFECTIVE DATE.—The amendments 

13 made by subparagraph (A) shall take effect on 

14 October 1, 2024. 

15 (d) DENIAL OF CERTAIN DOMESTIC LICENSES FOR

16 NATIONAL SECURITY PURPOSES.— 

17 (1) DEFINITION OF COVERED FUEL.—In this 

18 subsection, the term ‘‘covered fuel’’ means enriched 

19 uranium that is fabricated into fuel assemblies for 

20 nuclear reactors by an entity that— 

21 (A) is owned or controlled by the Govern22 ment of the Russian Federation or the Govern23 ment of the People’s Republic of China; or 


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1 (B) is organized under the laws of, or other2 wise subject to the jurisdiction of, the Russian 

3 Federation or the People’s Republic of China. 

4 (2) PROHIBITION ON UNLICENSED POSSESSION

5 OR OWNERSHIP OF COVERED FUEL.—Unless specifi6 cally authorized by the Commission in a license 

7 issued under section 53 of the Atomic Energy Act of 

8 1954 (42 U.S.C. 2073), no person subject to the juris9 diction of the Commission may possess or own covered 

10 fuel. 

11 (3) LICENSE TO POSSESS OR OWN COVERED

12 FUEL.— 

13 (A) CONSULTATION REQUIRED PRIOR TO

14 ISSUANCE.—The Commission shall not issue a li15 cense to possess or own covered fuel under section 

16 53 of the Atomic Energy Act of 1954 (42 U.S.C. 

17 2073) unless the Commission has first consulted 

18 with the Secretary of Energy and the Secretary 

19 of State before issuing the license. 

20 (B) PROHIBITION ON ISSUANCE OF LI21 CENSE.— 

22 (i) IN GENERAL.—Subject to clause 

23 (iii), a license to possess or own covered fuel 

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1 ergy and the Secretary of State make the 

2 determination described in clause (ii). 

3 (ii) DETERMINATION.— 

4 (I) IN GENERAL.—The determina5 tion referred to in clause (i) is a deter6 mination that possession or ownership, 

7 as applicable, of covered fuel poses a 

8 threat to the national security of the 

9 United States that adversely impacts 

10 the physical and economic security of 

11 the United States. 

12 (II) JOINT DETERMINATION.—A 

13 determination described in subclause 

14 (I) shall be jointly made by the Sec15 retary of Energy and the Secretary of 

16 State. 

17 (III) TIMELINE.— 

18 (aa) NOTICE OF APPLICA19 TION.—Not later than 30 days 

20 after the date on which the Com21 mission receives an application 

22 for a license to possess or own cov23 ered fuel, the Commission shall 

24 notify the Secretary of Energy 


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1 and the Secretary of State of the 

2 application. 

3 (bb) DETERMINATION.—The 

4 Secretary of Energy and the Sec5 retary of State shall have a period 

6 of 180 days, beginning on the date 

7 on which the Commission notifies 

8 the Secretary of Energy and the 

9 Secretary of State under item 

10 (aa) of an application for a li11 cense to possess or own covered 

12 fuel, in which to make the deter13 mination described in subclause 

14 (I). 

15 (cc) COMMISSION NOTIFICA16 TION.—On making the determina17 tion described in subclause (I), the 

18 Secretary of Energy and the Sec19 retary of State shall immediately 

20 notify the Commission. 

21 (dd) CONGRESSIONAL NOTIFI22 CATION.—Not later than 30 days 

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1 mission under item (cc), the Com2 mission shall notify the appro3 priate committees of Congress of 

4 the determination. 

5 (ee) PUBLIC NOTICE.—Not 

6 later than 15 days after the date 

7 on which the Commission notifies 

8 Congress under item (dd) of a de9 termination made under subclause 

10 (I), the Commission shall make 

11 that determination publicly avail12 able. 

13 (iii) EFFECT OF NO DETERMINA14 TION.—The prohibition described in clause 

15 (i) shall not apply if the Secretary of En16 ergy and the Secretary of State do not make 

17 the determination described in clause (ii) by 

18 the date described in subclause (III)(bb) of 

19 that clause. 

20 (e) DEFINITIONS.—In this section: 

21 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

22 The term ‘‘appropriate committees of Congress’’ 

23 means each of the following: 

24 (A) The Committee on Energy and Com25 merce of the House of Representatives. 


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1 (B) The Committee on Foreign Affairs of 

2 the House of Representatives. 

3 (C) The Committee on Environment and 

4 Public Works of the Senate. 

5 (D) The Committee on Energy and Natural 

6 Resources of the Senate. 

7 (E) The Committee on Foreign Relations of 

8 the Senate. 

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

10 means the Nuclear Regulatory Commission. 

11 SEC. 203. AMERICAN NUCLEAR COMPETITIVENESS. 

12 (a) PROCESS FOR REVIEW AND AMENDMENT OF PART

13 810 GENERALLY AUTHORIZED DESTINATIONS.— 

14 (1) IDENTIFICATION AND EVALUATION OF FAC15 TORS.—Not later than 90 days after the date of enact16 ment of this Act, the Secretary of Energy, with the 

17 concurrence of the Secretary of State, shall identify 

18 and evaluate factors, other than agreements for co19 operation entered into in accordance with section 123 

20 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), 

21 that may be used to determine a country’s generally 

22 authorized destination status under part 810 of title 

23 10, Code of Federal Regulations, and to list such 

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1 pendix A to part 810 of title 10, Code of Federal Reg2 ulations. 

3 (2) PROCESS UPDATE.—The Secretary of Energy 

4 shall review and, as appropriate, update the Depart5 ment of Energy’s process for determining a country’s 

6 generally authorized destination status under part 

7 810 of title 10, Code of Federal Regulations, and for 

8 listing such country as a generally authorized des9 tination in Appendix A to part 810 of title 10, Code 

10 of Federal Regulations, taking into consideration, 

11 and, as appropriate, incorporating factors identified 

12 and evaluated under paragraph (1). 

13 (3) REVISIONS TO LIST.—Not later than one 

14 year after the date of enactment of this Act, and at 

15 least once every 5 years thereafter, the Secretary of 

16 Energy shall, in accordance with any process updated 

17 pursuant to this subsection, review the list in Appen18 dix A to part 810 of title 10, Code of Federal Regula19 tions, and amend such list as appropriate. 

20 (b) LICENSING DOMESTIC NUCLEAR PROJECTS IN

21 WHICH UNITED STATES ALLIES INVEST.— 

22 (1) IN GENERAL.—The prohibitions against 

23 issuing certain licenses for utilization facilities to cer24 tain aliens, corporations, and other entities described 

25 in the second sentence of section 103 d. of the Atomic 


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1 Energy Act of 1954 (42 U.S.C. 2133(d)) and the sec2 ond sentence of section 104 d. of that Act (42 U.S.C. 

3 2134(d)) shall not apply to an entity described in 

4 paragraph (2) of this subsection if the Nuclear Regu5 latory Commission determines that issuance of the 

6 applicable license to that entity is not inimical to— 

7 (A) the common defense and security; or 

8 (B) the health and safety of the public. 

9 (2) ENTITIES DESCRIBED.— 

10 (A) IN GENERAL.—An entity referred to in 

11 paragraph (1) is an alien, corporation, or other 

12 entity that is owned, controlled, or dominated 

13 by— 

14 (i) the government of— 

15 (I) a country, other than a coun16 try described in subparagraph (B), 

17 that is a member of the Organization 

18 for Economic Co-operation and Devel19 opment on the date of enactment of 

20 this Act; or 

21 (II) the Republic of India; 

22 (ii) a corporation that is incorporated 

23 in a country described in subclause (I) or 

24 (II) of clause (i); or 


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1 (iii) an alien who is a citizen or na2 tional of a country described in subclause 

3 (I) or (II) of clause (i). 

4 (B) EXCLUSION.—A country described in 

5 this subparagraph is a country— 

6 (i) any department, agency, or instru7 mentality of the government of which, on 

8 the date of enactment of this Act, is subject 

9 to sanctions under section 231 of the Coun10 tering America’s Adversaries Through Sanc11 tions Act (22 U.S.C. 9525); or 

12 (ii) any citizen, national, or entity of 

13 which, as of the date of enactment of this 

14 Act, is included on the List of Specially 

15 Designated Nationals and Blocked Persons 

16 maintained by the Office of Foreign Assets 

17 Control of the Department of the Treasury 

18 pursuant to sanctions imposed under sec19 tion 231 of the Countering America’s Adver20 saries Through Sanctions Act (22 U.S.C. 

21 9525). 

22 (3) TECHNICAL AMENDMENT.—Section 103 d. of 

23 the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) 

24 is amended, in the second sentence, by striking ‘‘any 

25 any’’ and inserting ‘‘any’’. 


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1 (4) SAVINGS CLAUSE.—Nothing in this sub2 section affects the requirements of section 721 of the 

3 Defense Production Act of 1950 (50 U.S.C. 4565). 

4 (c) LICENSING CONSIDERATIONS RELATING TO USE OF

5 NUCLEAR ENERGY FOR NONELECTRIC APPLICATIONS.— 

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

7 the date of enactment of this Act, the Nuclear Regu8 latory Commission (in this subsection referred to as 

9 the ‘‘Commission’’) shall submit to the Committee on 

10 Energy and Commerce of the House of Representa11 tives and the Committee on Environment and Public 

12 Works of the Senate a report addressing any unique 

13 licensing issues or requirements relating to— 

14 (A) the flexible operation of advanced nu15 clear reactors, such as ramping power output 

16 and switching between electricity generation and 

17 nonelectric applications; 

18 (B) the use of advanced nuclear reactors ex19 clusively for nonelectric applications; and 

20 (C) the collocation of advanced nuclear re21 actors with industrial plants or other facilities. 

22 (2) STAKEHOLDER INPUT.—In developing the re23 port under paragraph (1), the Commission shall seek 

24 input from— 

25 (A) the Secretary of Energy; 


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1 (B) the nuclear energy industry; 

2 (C) technology developers; 

3 (D) the industrial, chemical, and medical 

4 sectors; 

5 (E) nongovernmental organizations; and 

6 (F) other public stakeholders. 

7 (3) CONTENTS.—The report under paragraph (1) 

8 shall describe— 

9 (A) any unique licensing issues or require10 ments relating to the matters described in sub11 paragraphs (A) through (C) of paragraph (1), 

12 including, with respect to the nonelectric appli13 cations referred to in subparagraphs (A) and (B) 

14 of that paragraph, any licensing issues or re15 quirements relating to the use of nuclear en16 ergy— 

17 (i) for hydrogen or other liquid and 

18 gaseous fuel or chemical production; 

19 (ii) for water desalination and waste20 water treatment; 

21 (iii) for heat used in industrial proc22 esses; 

23 (iv) for district heating; 

24 (v) in relation to energy storage; 


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1 (vi) for industrial or medical isotope 

2 production; and 

3 (vii) other applications, as identified 

4 by the Commission; 

5 (B) options for addressing such issues or re6 quirements— 

7 (i) within the existing regulatory 

8 framework; 

9 (ii) through the technology-inclusive, 

10 regulatory framework to be established 

11 under section 103(a)(4)(A) of the Nuclear 

12 Energy Innovation and Modernization Act 

13 (42 U.S.C. 2133 note; Public Law 115– 

14 439); or 

15 (iii) through a new rulemaking; 

16 (C) the extent to which Commission action 

17 is needed to implement any matter described in 

18 the report; and 

19 (D) cost estimates, proposed budgets, and 

20 proposed timeframes for implementing risk-in21 formed and performance-based regulatory guid22 ance for licensing advanced nuclear reactors for 

23 nonelectric applications. 


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1 (d) REPORT ON ADVANCED METHODS OF MANUFAC2 TURING AND CONSTRUCTION FOR NUCLEAR ENERGY

3 PROJECTS.— 

4 (1) IN GENERAL.—Not later than 180 days after 

5 the date of enactment of this Act, the Nuclear Regu6 latory Commission (in this subsection referred to as 

7 the ‘‘Commission’’) shall submit to the Committee on 

8 Energy and Commerce of the House of Representa9 tives and the Committee on Environment and Public 

10 Works of the Senate a report on advanced methods of 

11 manufacturing and construction for nuclear energy 

12 projects. 

13 (2) STAKEHOLDER INPUT.—In developing the re14 port under paragraph (1), the Commission shall seek 

15 input from— 

16 (A) the Secretary of Energy; 

17 (B) the nuclear energy industry; 

18 (C) the National Laboratories; 

19 (D) institutions of higher education; 

20 (E) nuclear and manufacturing technology 

21 developers; 

22 (F) the manufacturing and construction in23 dustries; 

24 (G) standards development organizations; 

25 (H) labor unions; 


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1 (I) nongovernmental organizations; and 

2 (J) other public stakeholders. 

3 (3) CONTENTS.— 

4 (A) IN GENERAL.—The report under para5 graph (1) shall— 

6 (i) examine any unique licensing 

7 issues or requirements relating to the use, 

8 for nuclear energy projects, of— 

9 (I) advanced manufacturing tech10 niques; and 

11 (II) advanced construction tech12 niques; 

13 (ii) examine— 

14 (I) the requirements for nuclear15 grade components in manufacturing 

16 and construction for nuclear energy 

17 projects; 

18 (II) opportunities to use standard 

19 materials, parts, or components in 

20 manufacturing and construction for 

21 nuclear energy applications; and 

22 (III) opportunities to use stand23 ard materials that are in compliance 

24 with existing codes and standards to 

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1 port or encapsulate new materials that 

2 do not yet have applicable codes or 

3 standards; 

4 (iii) identify safety aspects of advanced 

5 manufacturing processes and advanced con6 struction techniques that are not addressed 

7 by existing codes and standards, so that ge8 neric guidance for nuclear energy projects 

9 may be updated or created as necessary by 

10 the Commission; 

11 (iv) identify options for addressing the 

12 issues, requirements, and opportunities ex13 amined under clauses (i) and (ii)— 

14 (I) within the existing regulatory 

15 framework; or 

16 (II) through a new rulemaking; 

17 and 

18 (v) describe the extent to which Com19 mission action is needed to implement any 

20 matter described in the report. 

21 (B) COST ESTIMATES, BUDGETS, AND TIME22 FRAMES.—The report under paragraph (1) shall 

23 include cost estimates, proposed budgets, and 

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1 ance for advanced manufacturing and construc2 tion for nuclear energy projects. 

3 (e) EXTENSION OF THE PRICE-ANDERSON ACT.— 

4 (1) EXTENSION.—Section 170 of the Atomic En5 ergy Act of 1954 (42 U.S.C. 2210) (commonly known 

6 as the ‘‘Price-Anderson Act’’) is amended by striking 

7 ‘‘December 31, 2025’’ each place it appears and in8 serting ‘‘December 31, 2065’’. 

9 (2) LIABILITY.—Section 170 of the Atomic En10 ergy Act of 1954 (42 U.S.C. 2210) (commonly known 

11 as the ‘‘Price-Anderson Act’’) is amended— 

12 (A) in subsection d. (5), by striking 

13 ‘‘$500,000,000’’ and inserting ‘‘$2,000,000,000’’; 

14 and 

15 (B) in subsection e. (4), by striking 

16 ‘‘$500,000,000’’ and inserting ‘‘$2,000,000,000’’. 

17 (3) REPORT.—Section 170 p. of the Atomic En18 ergy Act of 1954 (42 U.S.C. 2210(p)) (commonly 

19 known as the ‘‘Price-Anderson Act’’) is amended by 

20 striking ‘‘December 31, 2021’’ and inserting ‘‘Decem21 ber 31, 2061’’. 

22 (4) DEFINITION OF NUCLEAR INCIDENT.—Section 

23 11 q. of the Atomic Energy Act of 1954 (42 U.S.C. 

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1 ing ‘‘if such occurrence’’ and all that follows through 

2 ‘‘United States:’’ and inserting a colon. 

3 (f) RISK POOLING PROGRAM ASSESSMENT.— 

4 (1) REPORT.—Not later than 1 year after the 

5 date of enactment of this Act, the Comptroller General 

6 shall carry out a review of, and submit to the Com7 mittee on Energy and Commerce of the House of Rep8 resentatives and the Committee on Environment and 

9 Public Works of the Senate a report on, the Secretary 

10 of Energy’s actions with respect to the program de11 scribed in section 934(e) of the Energy Independence 

12 and Security Act of 2007 (42 U.S.C. 17373(e)). 

13 (2) CONTENTS.—The report described in para14 graph (1) shall include— 

15 (A) an evaluation of the Secretary of Ener16 gy’s actions to determine the risk-informed as17 sessment formula under section 934(e)(2)(C) of 

18 the Energy Independence and Security Act of 

19 2007 (42 U.S.C. 17373(e)(2)(C)); and 

20 (B) a review of the Secretary of Energy’s 

21 methodology to collect information to determine 

22 and implement the formula. 


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Union Calendar No. 320 

118TH CONGRESS 

2D SESSION H. R. 6544 

[Report No. 118–391, Part I] 

A BILL 

To advance the benefits of nuclear energy by enatechnologies, and for other purposes. regulation, and deployment of nuclear energy bling efficient, timely, and predictable licensing, 

FEBRUARY 16, 2024 

Reported from the Committee on Energy and Commerce 

F

with an amendment 

EBRUARY 16, 2024 

Committees on Science, Space, and Technology and Fordered to be printed of the Whole House on the State of the Union and or- eign Affairs discharged; committed to the Committee 


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