IIB 

118TH CONGRESS 

2D SESSION H. R. 6544 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 29, 2024 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Atomic Energy Advancement Act’’. 

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

5 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. 

6 TITLE I—NUCLEAR 

7 REGULATORY COMMISSION 

8 Subtitle A—Efficiency, Perform9 ance, and Preparation for the 

10 Future 

11 SEC. 101. NRC MISSION ALIGNMENT. 

12 (a) MISSION OF THE COMMISSION.— 

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

14 date of enactment of this Act, the Nuclear ReguVerDate Sep 11 2014 02:02 Mar 01, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6544.RFS H6544

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1 latory Commission shall, while remaining consistent 

2 with the policies of the Atomic Energy Act of 1954 

3 (including to provide reasonable assurance of ade4 quate protection of the public health and safety, to 

5 promote the common defense and security, and to 

6 protect the environment), update the mission state7 ment of the Commission to include that licensing 

8 and regulation of nuclear energy activities be con9 ducted in a manner that is efficient and does not 

10 unnecessarily limit— 

11 (A) the potential of nuclear energy to im12 prove the general welfare; and 

13 (B) the benefits of nuclear energy tech14 nology to society. 

15 (2) REPORT.—Upon completion of the update 

16 to the mission statement required under paragraph 

17 (1), the Nuclear Regulatory Commission shall sub18 mit to Congress a report that describes— 

19 (A) the updated mission statement; and 

20 (B) the guidance that the Nuclear Regu21 latory Commission will provide to staff of the 

22 Nuclear Regulatory Commission to ensure ef23 fective 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 

3 (42 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 DIREC7 TOR.—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 eval5 uating applications for licenses for nuclear reactors 

6 to support efficient, timely, and predictable reviews 

7 of applications for such licenses to enable the safe 

8 and 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 regu7 lations dealing with the activities of licenses.’’. 

8 (2) CONSTRUCTION PERMITS AND OPERATING

9 LICENSES.—Section 185 of the Atomic Energy Act 

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

11 the end the following: 

12 ‘‘c. APPLICATION REVIEWS FOR PRODUCTION AND

13 UTILIZATION FACILITIES OF AN EXISTING SITE.—In re14 viewing an application for an early site permit, construc15 tion permit, operating license, or combined construction 

16 permit and operating license for a production facility or 

17 utilization facility located at the site of a production facil18 ity or utilization facility licensed by the Commission, the 

19 Commission shall, to the extent practicable, use informa20 tion that was part of the licensing basis of the licensed 

21 production facility or utilization facility.’’. 

22 (b) PERFORMANCE METRICS AND MILESTONES.— 

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

24 Modernization 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 Com10 mission shall review and assess, based on the li11 censing and regulatory activities of the Com12 mission, the performance metrics and milestone 

13 schedules developed under paragraph (1). 

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

15 assessment under subparagraph (A), the Com16 mission shall revise, as appropriate, the per17 formance metrics and milestone schedules devel18 oped under paragraph (1) to provide the most 

19 efficient performance metrics and milestone 

20 schedules reasonably achievable.’’. 

21 (c) CLARIFICATION ON FUSION REGULATION.—Sec22 tion 103(a)(4) of the Nuclear Energy Innovation and 

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

24 115–439) is amended— 


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

2 following: 

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 FACILI16 TIES.—The Commission may issue a license under 

17 this section for a utilization facility useful in the 

18 conduct of research and development activities of the 

19 types specified 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 

3 services 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 in12 serting 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 

18 Energy Act of 1954 (42 U.S.C. 2014) is amended 

19 by 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 amend9 ed— 

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

11 end the following: 

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

13 later than December 31, 2027, the Commission 

14 shall complete a rulemaking to establish a tech15 nology-inclusive, regulatory framework for op16 tional use by fusion machine applicants for new 

17 license applications.’’; and 

18 (ii) in paragraph (5)(B)(ii), by insert19 ing ‘‘and fusion machine license applica20 tions’’ after ‘‘commercial advanced nuclear 

21 reactor license applications’’. 

22 (B) DEFINITIONS.—Section 3 of the Nu23 clear Energy Innovation and Modernization Act 

24 (42 U.S.C. 2215 note) is amended by adding at 

25 the end the following: 


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1 ‘‘(21) FUSION MACHINE.—The term ‘fusion 

2 machine’ has the meaning given such term in sub3 section kk. of section 11 of the Atomic Energy Act 

4 of 1954.’’. 

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

6 date of enactment of this Act, the Nuclear Regu7 latory Commission shall submit to Congress a report 

8 on— 

9 (A) the results of a study, conducted in 

10 consultation with Agreement States (as defined 

11 in section 3 of the Nuclear Energy Innovation 

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

13 and the private fusion sector, on risk- and per14 formance-based, design-specific licensing frame15 works for mass-manufactured fusion machines 

16 (as defined in subsection kk. of section 11 of 

17 the Atomic Energy Act of 1954, as added by 

18 this subsection), that includes evaluation of the 

19 Federal Aviation Administration’s design, man20 ufacturing, and operations certification process 

21 for aircraft as a potential model for mass-man22 ufactured fusion machine regulations; and 

23 (B) the estimated timeline for the Commis24 sion to issue consolidated guidance or regula25 tions for licensing mass-manufactured fusion 


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1 machines, taking into account the results of 

2 such study and the anticipated need for such 

3 guidance or regulations. 

4 SEC. 103. STRENGTHENING THE NRC WORKFORCE. 

5 (a) COMMISSION WORKFORCE.— 

6 (1) GENERAL AUTHORITY.—The Atomic En7 ergy Act of 1954 (42 U.S.C. 2011 et seq.) is amend8 ed by inserting after section 161A the following: 

9 ‘‘SEC. 161B. COMMISSION WORKFORCE. 

10 ‘‘(a) DIRECT HIRE AUTHORITY.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding section 

12 161 d. of this Act and section 2(b) of Reorganiza13 tion Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. 

14 app.), and without regard to any provision of title 5 

15 (except sections 3303 and 3328), United States 

16 Code, governing appointments in the civil service, if 

17 the Chairman of the Nuclear Regulatory Commis18 sion (in this section referred to as the ‘Chairman’) 

19 issues or renews a certification that there is a severe 

20 shortage of candidates or a critical hiring need for 

21 covered positions to carry out the Nuclear Regu22 latory Commission’s (in this section referred to as 

23 the ‘Commission’) responsibilities and activities in a 

24 timely, efficient, and effective manner, the Chairman 


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1 may, during any period when such a certification is 

2 in effect— 

3 ‘‘(A) recruit and directly appoint highly 

4 qualified individuals into the excepted service 

5 for covered positions; and 

6 ‘‘(B) establish in the excepted service 

7 term-limited covered positions and recruit and 

8 directly appoint highly qualified individuals into 

9 such term-limited covered positions, which may 

10 not exceed a term of 4 years. 

11 ‘‘(2) LIMITATIONS.— 

12 ‘‘(A) MERIT PRINCIPLES.—To the max13 imum extent practicable, any action authorized 

14 pursuant to paragraph (1) shall be consistent 

15 with the merit principles of section 2301 of title 

16 5, United States Code. 

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

18 qualified individuals serving in— 

19 ‘‘(i) covered positions pursuant to 

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

21 any one time; and 

22 ‘‘(ii) term-limited covered positions 

23 pursuant to paragraph (1)(B) may not ex24 ceed 80 at any one time. 


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1 ‘‘(C) COMPENSATION.—The Chairman 

2 may not use authority under paragraph (1)(A) 

3 or paragraph (1)(B) to compensate individuals 

4 recruited and directly appointed into a covered 

5 position or a term-limited covered position at an 

6 annual rate of basic pay higher than the annual 

7 salary payable for level III of the Executive 

8 Schedule under section 5314 of title 5, United 

9 States Code. 

10 ‘‘(D) SENIOR EXECUTIVE SERVICE POSI11 TION.—The Chairman may not, under para12 graph (1)(A) or paragraph (1)(B), appoint 

13 highly qualified individuals to any Senior Exec14 utive Service position, as defined in section 

15 3132 of title 5, United States Code. 

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

17 certification issued or renewed under this subsection 

18 if the Chairman determines there is still a severe 

19 shortage of candidates or a critical hiring need for 

20 covered positions to carry out the Commission’s re21 sponsibilities and activities in a timely, efficient, and 

22 effective manner. 

23 ‘‘(4) TERMINATION.—A certification issued or 

24 renewed under this subsection shall terminate on the 

25 earlier of— 


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1 ‘‘(A) the date that is 10 years after the 

2 certification is renewed or issued; or 

3 ‘‘(B) the date on which the Chairman de4 termines there is no longer a severe shortage of 

5 candidates or a critical hiring need for covered 

6 positions to carry out the Commission’s respon7 sibilities and activities in a timely, efficient, and 

8 effective manner. 

9 ‘‘(5) LEVEL OF POSITIONS.—To the extent 

10 practicable, in carrying out paragraph (1) the Chair11 man shall recruit and directly appoint highly quali12 fied individuals into the excepted service to entry, 

13 mid, and senior level covered positions, including 

14 term-limited covered positions. 

15 ‘‘(b) ADDRESSING INSUFFICIENT COMPENSATION OF

16 EMPLOYEES AND OTHER PERSONNEL OF THE COMMIS17 SION.— 

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

19 provision of law, if the Chairman issues or renews 

20 a certification that compensation for employees or 

21 other personnel of the Commission serving in a cov22 ered position is insufficient to retain or attract such 

23 employees and other personnel to allow the Commis24 sion to carry out the responsibilities and activities of 

25 the Commission in a timely, efficient, and effective 


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1 manner, the Chairman may, during any period when 

2 such a certification is in effect, fix the compensation 

3 for such employees or other personnel serving in a 

4 covered position without regard to any provision of 

5 title 5, United States Code, governing General 

6 Schedule classification and pay rates. 

7 ‘‘(2) CERTIFICATION REQUIREMENTS.—A cer8 tification issued or renewed under this subsection 

9 shall— 

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

11 who serve in covered positions; 

12 ‘‘(B) terminate on the earlier of— 

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

14 certification is issued or renewed; or 

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

16 determines that the use of the authority of 

17 the Chairman under this subsection to fix 

18 compensation for employees or other per19 sonnel serving in a covered position is no 

20 longer necessary to retain or attract such 

21 employees and other personnel to allow the 

22 Commission to carry out the Commission’s 

23 responsibilities and activities in a timely, 

24 efficient, and effective manner; and 


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

2 achieve the objective of retaining or attracting 

3 employees and other personnel serving in a cov4 ered position to allow the Commission to carry 

5 out the Commission’s responsibilities and activi6 ties in a timely, efficient, and effective manner. 

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

8 certification issued or renewed under this subsection 

9 if the Chairman determines that use of the authority 

10 of the Chairman under this subsection to fix com11 pensation for employees or other personnel serving 

12 in a covered position is still necessary to retain or 

13 attract such employees or other personnel to allow 

14 the Commission to carry out the Commission’s re15 sponsibilities and activities in a timely, efficient, and 

16 effective manner. 

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

18 subsection to fix the compensation of employees or 

19 other personnel during any period when a certifi20 cation issued or renewed under paragraph (1) is in 

21 effect shall apply with respect to an employee or 

22 other personnel serving in a covered position regard23 less of when the employee or other personnel was 

24 hired. 


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1 ‘‘(5) RETENTION OF LEVEL OF FIXED COM2 PENSATION.—The termination of a certification 

3 issued or renewed under paragraph (1) shall not af4 fect the compensation of an employee or other per5 sonnel serving in a covered position whose com6 pensation was fixed by the Chairman in accordance 

7 with paragraph (1). 

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

9 Chairman may not use the authority under para10 graph (1) to fix the compensation of employees or 

11 other personnel at an annual rate of basic pay high12 er than the annual salary payable for level III of the 

13 Executive Schedule under section 5314 of title 5, 

14 United States Code. 

15 ‘‘(7) EXPERTS AND CONSULTANTS.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the Chairman may— 

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

19 consultants in accordance with section 

20 3109 of title 5, United States Code; 

21 ‘‘(ii) compensate those experts and 

22 consultants for each day (including travel 

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

24 pay for level IV of the Executive Schedule 

25 under section 5315 of that title; and 


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1 ‘‘(iii) pay to the experts and consult2 ants serving away from the homes or reg3 ular places of business of the experts and 

4 consultants travel expenses and per diem 

5 in lieu of subsistence at rates authorized 

6 by sections 5702 and 5703 of that title for 

7 persons in Government service employed 

8 intermittently. 

9 ‘‘(B) LIMITATIONS.—The Chairman 

10 shall— 

11 ‘‘(i) to the maximum extent prac12 ticable, limit the use of experts and con13 sultants pursuant to subparagraph (A); 

14 and 

15 ‘‘(ii) ensure that the employment con16 tract of each expert and consultant em17 ployed pursuant to subparagraph (A) is 

18 subject to renewal not less frequently than 

19 annually. 

20 ‘‘(c) ADDITIONAL COMPENSATION AUTHORITY.— 

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

22 may pay a person recruited and directly appointed 

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

24 amount not to exceed $25,000. 

25 ‘‘(2) FOR EXISTING EMPLOYEES.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), an employee or other personnel who 

3 the Chairman determines exhibited exceptional 

4 performance in a fiscal year may be paid a per5 formance bonus in an amount not to exceed the 

6 least of— 

7 ‘‘(i) $25,000; and 

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

9 is applicable for a calendar year under sec10 tion 5307(a)(1) of title 5, United States 

11 Code. 

12 ‘‘(B) LIMITATIONS.— 

13 ‘‘(i) SUBSEQUENT BONUSES.—Any 

14 person who receives a performance bonus 

15 under subparagraph (A) may not receive 

16 another performance bonus under that 

17 subparagraph for a period of 5 years there18 after. 

19 ‘‘(ii) HIRING BONUSES.—Any person 

20 who receives a 1-time hiring bonus under 

21 paragraph (1) may not receive a perform22 ance bonus under subparagraph (A) unless 

23 more than one year has elapsed since the 

24 payment of such 1-time hiring bonus. 

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


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

2 after the date of enactment of this section, the 

3 Chairman shall develop and implement a plan to 

4 carry out this section. Before implementing such 

5 plan, the Chairman shall submit to the Committee 

6 on Energy and Commerce of the House of Rep7 resentatives, the Committee on Environment and 

8 Public Works of the Senate, and the Office of Per9 sonnel Management a report on the details of the 

10 plan. 

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

12 under paragraph (1) shall include— 

13 ‘‘(A) evidence and supporting documenta14 tion justifying the plan; and 

15 ‘‘(B) budgeting projections on costs and 

16 benefits resulting from the plan. 

17 ‘‘(3) CONSULTATION.—The Chairman may con18 sult with the Office of Personnel Management, the 

19 Office of Management and Budget, and the Comp20 troller General of the United States in developing 

21 the plan under paragraph (1). 

22 ‘‘(e) DELEGATION.—The Chairman shall delegate, 

23 subject to the direction and supervision of the Chairman, 

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

25 the Executive Director for Operations of the Commission. 


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1 ‘‘(f) INFORMATION ON HIRING, VACANCIES, AND

2 COMPENSATION.— 

3 ‘‘(1) IN GENERAL.—The Commission shall in4 clude in its budget materials submitted in support of 

5 the budget of the President (submitted to Congress 

6 pursuant to section 1105 of title 31, United States 

7 Code), for each fiscal year beginning after the date 

8 of enactment of this section, information relating to 

9 hiring, vacancies, and compensation at the Commis10 sion. 

11 ‘‘(2) INCLUSIONS.—The information described 

12 in paragraph (1) shall include— 

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

14 to hiring, vacancies, and compensation at the 

15 Commission; 

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

17 and attract employees or other personnel to 

18 serve in covered positions at the Commission; 

19 ‘‘(C) information that describes— 

20 ‘‘(i) if a certification under subsection 

21 (a) was in effect at any point in the pre22 vious year, how the authority provided by 

23 that subsection is being used to address 

24 the hiring needs of the Commission; 


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1 ‘‘(ii) the total number of highly quali2 fied individuals serving in— 

3 ‘‘(I) covered positions pursuant 

4 to subsection (a)(1)(A); and 

5 ‘‘(II) term-limited covered posi6 tions pursuant to subsection 

7 (a)(1)(B); 

8 ‘‘(iii) if a certification under sub9 section (b) was in effect at any point in the 

10 previous year, how the authority provided 

11 by that subsection is being used to address 

12 the hiring or retention needs of the Com13 mission; 

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

15 other personnel serving in a covered posi16 tion that have their compensation fixed 

17 pursuant to subsection (b); 

18 ‘‘(v) if a certification under subsection 

19 (a) or (b) was terminated or was not in ef20 fect at any point in the previous year, why 

21 such a certification was terminated or was 

22 not in effect; 

23 ‘‘(vi) the attrition levels with respect 

24 to term-limited covered positions appointed 

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


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

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

5 as a percentage of the applicable term of 

6 service; and 

7 ‘‘(vii) the number of experts and con8 sultants retained under subsection (b)(7); 

9 and 

10 ‘‘(D) an assessment of— 

11 ‘‘(i) the current critical workforce 

12 needs of the Commission and any critical 

13 workforce needs that the Commission an14 ticipates in the next five years; and 

15 ‘‘(ii) additional skillsets that are or 

16 likely will be needed for the Commission to 

17 fulfill the licensing and oversight respon18 sibilities of the Commission. 

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

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

21 or other personnel is responsible for conducting work of 

22 a scientific, technical, engineering, mathematical, legal, 

23 managerial, or otherwise highly specialized or skilled na24 ture.’’. 


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1 (2) TABLE OF CONTENTS.—The table of con2 tents of the Atomic Energy Act of 1954 is amended 

3 by inserting after the item relating to section 161 

4 the following: 

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

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

5 (b) GOVERNMENT ACCOUNTABILITY OFFICE RE6 PORT.—Not later than September 30, 2032, the Comp7 troller General of the United States shall submit to the 

8 Committee on Energy and Commerce of the House of 

9 Representatives and the Committee on Environment and 

10 Public Works of the Senate a report that— 

11 (1) evaluates the extent to which the authorities 

12 provided under subsections (a), (b), and (c) of sec13 tion 161B of the Atomic Energy Act of 1954 (as 

14 added by this Act) have been utilized; 

15 (2) describes the role in which the highly quali16 fied individuals recruited and directly appointed pur17 suant to section 161B(a) of the Atomic Energy Act 

18 of 1954 (as added by this Act) have been utilized to 

19 support the licensing of advanced nuclear reactors; 

20 (3) assesses the effectiveness of the authorities 

21 provided under subsections (a), (b), and (c) of sec22 tion 161B of the Atomic Energy Act of 1954 (as 

23 added by this Act) in helping the Nuclear Regu24 latory Commission fulfill its mission; 


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1 (4) makes recommendations to improve the Nu2 clear Regulatory Commission’s strategic workforce 

3 management; and 

4 (5) makes recommendations with respect to 

5 whether Congress should enhance, modify, or dis6 continue the authorities provided under subsections 

7 (a), (b), and (c) of section 161B of the Atomic En8 ergy Act of 1954 (as added by this Act). 

9 (c) ANNUAL SOLICITATION FOR NUCLEAR REGU10 LATOR APPRENTICESHIP NETWORK APPLICATIONS.—The 

11 Nuclear Regulatory Commission, on an annual basis, shall 

12 solicit applications for the Nuclear Regulator Apprentice13 ship Network. 

14 Subtitle B—Fee Reduction 

15 SEC. 111. ADVANCED REACTOR FEE REDUCTION. 

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

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

18 Public Law 115–439) is amended— 

19 (1) by redesignating paragraphs (2) through 

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

21 (14), (15), (16), (17), (18), (19), and (20), respec22 tively; 

23 (2) by inserting after paragraph (1) the fol24 lowing: 


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1 ‘‘(2) ADVANCED NUCLEAR REACTOR APPLI2 CANT.—The term ‘advanced nuclear reactor appli3 cant’ means an entity that has submitted to the 

4 Commission an application for a license for an ad5 vanced nuclear reactor under the Atomic Energy Act 

6 of 1954 (42 U.S.C. 2011 et seq.).’’; 

7 (3) by inserting after paragraph (3) (as so re8 designated) the following: 

9 ‘‘(4) ADVANCED NUCLEAR REACTOR

10 PREAPPLICANT.—The term ‘advanced nuclear reac11 tor preapplicant’ means an entity that has submitted 

12 to the Commission a licensing project plan for the 

13 purposes of submitting a future application for a li14 cense for an advanced nuclear reactor under the 

15 Atomic Energy Act of 1954 (42 U.S.C. 2011 et 

16 seq.). 

17 ‘‘(5) AGENCY SUPPORT.—The term ‘agency 

18 support’ has the meaning given the term ‘agency 

19 support (corporate support and the IG)’ in section 

20 170.3 of title 10, Code of Federal Regulations (or 

21 any successor regulation).’’; and 

22 (4) by inserting after paragraph (11) (as so re23 designated) the following: 

24 ‘‘(12) MISSION-DIRECT PROGRAM SALARIES

25 AND BENEFITS.—The term ‘mission-direct program 


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1 salaries and benefits’ has the meaning given such 

2 term in section 170.3 of title 10, Code of Federal 

3 Regulations (or any successor regulation). 

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

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

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

7 Code of Federal Regulations (or any successor regu8 lation).’’. 

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

10 of the Nuclear Energy Innovation and Modernization Act 

11 (42 U.S.C. 2215(b)(1)(B)) is amended by adding at the 

12 end the following: 

13 ‘‘(iv) The total costs of mission-indi14 rect program support and agency support 

15 that, under paragraph (2)(B)(ii), may not 

16 be included in the professional hourly rate 

17 charged for fees assessed and collected 

18 from advanced nuclear reactor applicants. 

19 ‘‘(v) The total costs of mission-indi20 rect program support and agency support 

21 that, under paragraph (2)(C)(ii), may not 

22 be included in the professional hourly rate 

23 charged for fees assessed and collected 

24 from advanced nuclear reactor 

25 preapplicants.’’. 


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1 (c) FEES FOR SERVICE OR THING OF VALUE.—Sec2 tion 102(b) of the Nuclear Energy Innovation and Mod3 ernization Act (42 U.S.C. 2215(b)) is amended by striking 

4 paragraph (2) and inserting the following: 

5 ‘‘(2) FEES FOR SERVICE OR THING OF

6 VALUE.— 

7 ‘‘(A) IN GENERAL.—In accordance with 

8 section 9701 of title 31, United States Code, 

9 the Commission shall assess and collect fees 

10 from any person who receives a service or thing 

11 of value from the Commission to cover the costs 

12 to the Commission of providing the service or 

13 thing of value. 

14 ‘‘(B) ADVANCED NUCLEAR REACTOR AP15 PLICANTS.—The professional hourly rate 

16 charged for fees assessed and collected from an 

17 advanced nuclear reactor applicant under this 

18 paragraph relating to the review of a submitted 

19 application for an advanced nuclear reactor may 

20 not— 

21 ‘‘(i) exceed the professional hourly 

22 rate for mission-direct program salaries 

23 and benefits of the Nuclear Reactor Safety 

24 Program; and 


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1 ‘‘(ii) include the costs of mission-indi2 rect program support and agency support. 

3 ‘‘(C) ADVANCED NUCLEAR REACTOR

4 PREAPPLICANTS.—The professional hourly rate 

5 charged for fees assessed and collected from an 

6 advanced nuclear reactor preapplicant under 

7 this paragraph relating to the review of sub8 mitted materials as described in the licensing 

9 project plan of such advanced nuclear reactor 

10 preapplicant may not— 

11 ‘‘(i) exceed the professional hourly 

12 rate for mission-direct program salaries 

13 and benefits of the Nuclear Reactor Safety 

14 Program; and 

15 ‘‘(ii) include the costs of mission-indi16 rect program support and agency support. 

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

18 this paragraph, the professional hourly rate for 

19 mission-direct program salaries and benefits of 

20 the Nuclear Reactor Safety Program equals the 

21 quotient obtained by dividing— 

22 ‘‘(i) the full-time equivalent rate 

23 (within the meaning of the document of 

24 the Commission entitled ‘FY 2023 Final 

25 Fee Rule Work Papers’ (or a successor 


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1 document)) for mission-direct program sal2 aries and benefits of the Nuclear Reactor 

3 Safety Program (as determined by the 

4 Commission) for a fiscal year; by 

5 ‘‘(ii) the productive hours assumption 

6 for that fiscal year, determined in accord7 ance with the formula established in the 

8 document referred to in clause (i) (or a 

9 successor document).’’. 

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

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

12 amended to read as follows: 

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

14 (1)(B)(v) and (2)(C) of subsection (b) shall cease to be 

15 effective on September 30, 2029.’’. 

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on October 1, 2024. 

18 SEC. 112. ADVANCED NUCLEAR REACTOR PRIZE. 

19 Section 103 of the Nuclear Energy Innovation and 

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

21 is amended by adding at the end the following: 

22 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI23 CENSING.— 

24 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In 

25 this subsection, the term ‘eligible entity’ means— 


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1 ‘‘(A) a non-Federal entity; and 

2 ‘‘(B) the Tennessee Valley Authority. 

3 ‘‘(2) PRIZE FOR ADVANCED NUCLEAR REACTOR

4 LICENSING.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding sec6 tion 169 of the Atomic Energy Act of 1954 (42 

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

8 appropriations, the Secretary is authorized to 

9 make, with respect to each award category de10 scribed in subparagraph (C), an award in an 

11 amount described in subparagraph (B) to the 

12 first eligible entity— 

13 ‘‘(i) to which the Commission issues 

14 an operating license for an advanced nu15 clear reactor under part 50 of title 10, 

16 Code of Federal Regulations (or successor 

17 regulations), for which an application has 

18 not been approved by the Commission as 

19 of the date of enactment of this subsection; 

20 or 

21 ‘‘(ii) for which the Commission makes 

22 a finding described in section 52.103(g) of 

23 title 10, Code of Federal Regulations (or 

24 successor regulations), with respect to a 


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1 combined license for an advanced nuclear 

2 reactor— 

3 ‘‘(I) that is issued under subpart 

4 C of part 52 of that title (or successor 

5 regulations); and 

6 ‘‘(II) for which an application 

7 has not been approved by the Com8 mission as of the date of enactment of 

9 this subsection. 

10 ‘‘(B) AMOUNT OF AWARD.—Subject to 

11 paragraph (3), an award under subparagraph 

12 (A) shall be in an amount equal to the total 

13 amount assessed by the Commission and col14 lected under section 102(b)(2) from the eligible 

15 entity receiving the award for costs relating to 

16 the issuance of the license described in that 

17 subparagraph, including, as applicable, costs re18 lating to the issuance of an associated construc19 tion permit described in section 50.23 of title 

20 10, Code of Federal Regulations (or successor 

21 regulations), or early site permit (as defined in 

22 section 52.1 of that title (or successor regula23 tions)). 

24 ‘‘(C) AWARD CATEGORIES.—An award 

25 under subparagraph (A) may be made for— 


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1 ‘‘(i) the first advanced nuclear reactor 

2 for which the Commission— 

3 ‘‘(I) issues a license in accord4 ance with clause (i) of subparagraph 

5 (A); or 

6 ‘‘(II) makes a finding in accord7 ance with clause (ii) of that subpara8 graph; 

9 ‘‘(ii) an advanced nuclear reactor 

10 that— 

11 ‘‘(I) uses isotopes derived from 

12 spent nuclear fuel (as defined in sec13 tion 2 of the Nuclear Waste Policy 

14 Act of 1982 (42 U.S.C. 10101)) or 

15 depleted uranium as fuel for the ad16 vanced nuclear reactor; and 

17 ‘‘(II) is the first advanced nu18 clear reactor described in subclause 

19 (I) for 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; 


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1 ‘‘(iii) an advanced nuclear reactor 

2 that— 

3 ‘‘(I) is a nuclear integrated en4 ergy system— 

5 ‘‘(aa) that is composed of 2 

6 or more co-located or jointly op7 erated subsystems of energy gen8 eration, energy storage, or other 

9 technologies; 

10 ‘‘(bb) in which not fewer 

11 than 1 subsystem described in 

12 item (aa) is a nuclear energy sys13 tem; and 

14 ‘‘(cc) the purpose of which 

15 is— 

16 ‘‘(AA) to reduce green17 house gas emissions in both 

18 the power and nonpower sec19 tors; and 

20 ‘‘(BB) to maximize en21 ergy production and effi22 ciency; and 

23 ‘‘(II) is the first advanced nu24 clear reactor described in subclause 

25 (I) for 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 ‘‘(iv) an advanced reactor that— 

8 ‘‘(I) operates flexibly to generate 

9 electricity or high temperature process 

10 heat for nonelectric applications; and 

11 ‘‘(II) is the first advanced nu12 clear reactor described in subclause 

13 (I) for which the Commission— 

14 ‘‘(aa) issues a license in ac15 cordance with clause (i) of sub16 paragraph (A); or 

17 ‘‘(bb) makes a finding in ac18 cordance with clause (ii) of that 

19 subparagraph; and 

20 ‘‘(v) the first advanced nuclear reactor 

21 for which the Commission grants approval 

22 to load nuclear fuel pursuant to the tech23 nology-inclusive regulatory framework es24 tablished under subsection (a)(4). 

25 ‘‘(3) FEDERAL FUNDING LIMITATION.— 


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

2 paragraph, the term ‘Federal funds’ does not 

3 include funds received under the power program 

4 of the Tennessee Valley Authority established 

5 pursuant to the Tennessee Valley Authority Act 

6 of 1933 (16 U.S.C. 831 et seq.). 

7 ‘‘(B) LIMITATION ON AMOUNTS EX8 PENDED.—An award under this subsection 

9 shall not exceed the total amount expended (ex10 cluding any expenditures made with Federal 

11 funds received for the applicable project and an 

12 amount equal to the minimum cost-share re13 quired under section 988 of the Energy Policy 

14 Act of 2005 (42 U.S.C. 16352)) by the eligible 

15 entity receiving the award for licensing costs re16 lating to the project for which the award is 

17 made. 

18 ‘‘(C) REPAYMENTS AND DIVIDENDS NOT

19 REQUIRED.—Notwithstanding section 

20 9104(a)(4) of title 31, United States Code, or 

21 any other provision of law, an eligible entity 

22 that received an award under this subsection 

23 shall not be required— 

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

25 of that award; or 


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

2 other similar payment based on the sum of 

3 that award.’’. 

4 Subtitle C—Siting, Licensing, and 

5 Oversight Reviews 

6 SEC. 121. MODERNIZATION OF NUCLEAR REACTOR ENVI7 RONMENTAL REVIEWS. 

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

9 date of enactment of this Act, the Nuclear Regulatory 

10 Commission (in this section referred to as the ‘‘Commis11 sion’’) shall submit to the Committee on Environment and 

12 Public Works of the Senate and the Committee on Energy 

13 and Commerce of the House of Representatives a report 

14 on the efforts of the Commission to facilitate efficient, 

15 timely, and predictable environmental reviews of nuclear 

16 reactor applications, including through expanded use of 

17 categorical exclusions, environmental assessments, and ge18 neric environmental impact statements. 

19 (b) REPORT.—In completing the report under sub20 section (a), the Commission shall— 

21 (1) describe the actions the Commission will 

22 take to implement the amendments to the National 

23 Environmental Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.) made by section 321 of the Fiscal Responsi25 bility Act of 2023; 


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1 (2) consider— 

2 (A) using through adoption, incorporation 

3 by reference, or other appropriate means, cat4 egorical exclusions, environmental assessments, 

5 and environmental impact statements prepared 

6 by other Federal agencies to streamline environ7 mental reviews of nuclear reactor applications 

8 by the Commission; 

9 (B) using categorical exclusions, environ10 mental assessments, and environmental impact 

11 statements prepared by the Commission to 

12 streamline environmental reviews of nuclear re13 actor applications by the Commission; 

14 (C) using mitigated findings of no signifi15 cant impact in environmental reviews of nuclear 

16 reactor applications by the Commission to re17 duce the impact of a proposed action to a level 

18 that is not significant; 

19 (D) the extent to which the Commission 

20 may rely on prior studies or analyses prepared 

21 by Federal, State, and local governmental per22 mitting agencies to streamline environmental 

23 reviews of nuclear reactor applications by the 

24 Commission; 


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1 (E) opportunities to coordinate the devel2 opment of environmental assessments and envi3 ronmental impact statements with other Fed4 eral agencies to avoid duplicative environmental 

5 reviews and to streamline environmental reviews 

6 of nuclear reactor applications by the Commis7 sion; 

8 (F) opportunities to streamline formal and 

9 informal consultations and coordination with 

10 other Federal, State, and local governmental 

11 permitting agencies during environmental re12 views of nuclear reactor applications by the 

13 Commission; 

14 (G) opportunities to streamline the Com15 mission’s analyses of alternatives, including the 

16 Commission’s analysis of alternative sites, in 

17 environmental reviews of nuclear reactor appli18 cations by the Commission; 

19 (H) establishing new categorical exclusions 

20 that could be applied to actions relating to new 

21 nuclear reactors applications; 

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

23 Code of Federal Regulations, to allow the Com24 mission to determine on a case-specific basis 

25 whether an environmental assessment (rather 


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1 than an environmental impact statement or 

2 supplemental environmental impact statement) 

3 is appropriate for a particular nuclear reactor 

4 application, including in proceedings in which 

5 the Commission relies upon a generic environ6 mental impact statement for advanced nuclear 

7 reactors; 

8 (J) authorizing the use of an applicant’s 

9 environmental impact statement as the Com10 mission’s draft environmental impact statement, 

11 consistent with section 107(f) of the National 

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

13 4336a(f)); 

14 (K) opportunities to adopt online and dig15 ital technologies, including technologies that 

16 would allow applicants and cooperating agencies 

17 to upload documents and coordinate with the 

18 Commission to edit documents in real time, 

19 that would streamline communications be20 tween— 

21 (i) the Commission and applicants; 

22 and 

23 (ii) the Commission and other rel24 evant cooperating agencies; 


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1 (L) in addition to implementing measures 

2 under subsection (c), potential revisions to part 

3 51 of title 10, Code of Federal Regulations, and 

4 relevant Commission guidance documents, to— 

5 (i) facilitate efficient, timely, and pre6 dictable environmental reviews of nuclear 

7 reactor applications; 

8 (ii) assist decision-making about rel9 evant environmental issues; 

10 (iii) maintain openness with the pub11 lic; 

12 (iv) meet obligations under the Na13 tional Environmental Policy Act of 1969 

14 (42 U.S.C. 4321 et seq.); and 

15 (v) reduce burdens on licensees, appli16 cants, and the Commission; and 

17 (3) include a schedule for promulgating the rule 

18 required under subsection (c). 

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

20 submission of the report under subsection (a), the Com21 mission shall promulgate a final rule implementing, to the 

22 maximum extent practicable, measures considered by the 

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

24 streamline the Commission’s review of nuclear reactor ap25 plications. 


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1 SEC. 122. NUCLEAR FOR BROWNFIELD SITES. 

2 (a) DEFINITIONS.—In this section: 

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

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

5 of the Comprehensive Environmental Response, 

6 Compensation, and Liability Act of 1980 (42 U.S.C. 

7 9601). 

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

9 means the Nuclear Regulatory Commission. 

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

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

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

13 brownfield site. 

14 (4) PRODUCTION FACILITY.—The term ‘‘pro15 duction facility’’ has the meaning given the term in 

16 section 11 of the Atomic Energy Act of 1954 (42 

17 U.S.C. 2014). 

18 (5) RETIRED FOSSIL FUEL SITE.—The term 

19 ‘‘retired fossil fuel site’’ means the site of 1 or more 

20 fossil fuel electric generation facilities that are re21 tired or scheduled to retire, including multiunit fa22 cilities that are partially shut down. 

23 (6) UTILIZATION FACILITY.—The term ‘‘utiliza24 tion facility’’ has the meaning given the term in sec25 tion 11 of the Atomic Energy Act of 1954 (42 

26 U.S.C. 2014). 


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1 (b) IDENTIFICATION OF REGULATORY ISSUES.— 

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

3 the date of enactment of this Act, the Commission 

4 shall evaluate the extent to which modification of 

5 regulations, guidance, or policy is needed to enable 

6 efficient, timely, and predictable licensing reviews 

7 for, and to support the oversight of, production fa8 cilities or utilization facilities at covered sites. 

9 (2) REQUIREMENT.—In carrying out paragraph 

10 (1), the Commission shall consider how licensing re11 views for production facilities or utilization facilities 

12 at covered sites may be expedited by— 

13 (A) siting and operating a production facil14 ity or a utilization facility at or near existing 

15 site infrastructure to support the reuse of such 

16 infrastructure, including— 

17 (i) electric switchyard components and 

18 transmission infrastructure; 

19 (ii) heat-sink components; 

20 (iii) steam cycle components; 

21 (iv) roads; 

22 (v) railroad access; and 

23 (vi) water availability; 

24 (B) using early site permits; 


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1 (C) using plant parameter envelopes or 

2 similar standardized site parameters on a por3 tion of a larger site; and 

4 (D) using a standardized application for 

5 similar sites. 

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

7 the date of enactment of this Act, the Commission 

8 shall submit to the appropriate committees of Con9 gress a report describing any regulations, guidance, 

10 and policies evaluated under paragraph (1). 

11 (c) LICENSING.— 

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

13 the date of enactment of this Act, the Commission 

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

15 (A) develop and implement strategies to 

16 enable efficient, timely, and predictable licens17 ing reviews for, and to support the oversight of, 

18 production facilities or utilization facilities at 

19 covered sites; and 

20 (B) initiate a rulemaking to enable effi21 cient, timely, and predictable licensing reviews 

22 for, and to support the oversight of, production 

23 facilities or utilization facilities at covered sites. 

24 (2) REQUIREMENTS.—In carrying out para25 graph (1), consistent with the mission of the ComVerDate Sep 11 2014 02:02 Mar 01, 2024 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H6544.RFS H6544

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1 mission, the Commission shall consider matters re2 lating to— 

3 (A) the use of existing site infrastructure; 

4 (B) existing emergency preparedness orga5 nizations and planning; 

6 (C) the availability of historical site-spe7 cific environmental data; 

8 (D) previously completed environmental re9 views required by the National Environmental 

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

11 (E) activities associated with the potential 

12 decommissioning of facilities or decontamina13 tion and remediation at covered sites; and 

14 (F) community engagement and historical 

15 experience with energy production. 

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

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

18 the Committee on Energy and Commerce of the House 

19 of Representatives and the Committee on Environment 

20 and Public Works of the Senate a report describing the 

21 actions taken by the Commission under subsection (c)(1). 

22 SEC. 123. ADVANCEMENT OF NUCLEAR REGULATORY OVER23 SIGHT. 

24 (a) IMPLEMENTING LESSONS LEARNED FROM THE

25 COVID–19 HEALTH EMERGENCY.— 


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

2 after the date of enactment of this Act, the Commis3 sion shall submit to the appropriate committees of 

4 Congress a report on actions taken by the Commis5 sion during the public health emergency declared by 

6 the Secretary of Health and Human Services under 

7 section 319 of the Public Health Service Act (42 

8 U.S.C. 247d) on January 31, 2020, with respect to 

9 COVID–19. 

10 (2) CONTENTS.—The report submitted under 

11 paragraph (1) shall— 

12 (A) identify any processes, procedures, and 

13 other regulatory policies that the Commission 

14 revised or temporarily suspended during the 

15 public health emergency described in paragraph 

16 (1); 

17 (B) examine how any revision or tem18 porary suspension of a process, procedure, or 

19 other regulatory policy identified under sub20 paragraph (A) affected the ability of the Com21 mission to license and regulate the civilian use 

22 of radioactive materials in the United States to 

23 protect public health and safety, promote the 

24 common defense and security, and protect the 

25 environment; 


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1 (C) discuss lessons learned from the mat2 ters described in subparagraph (B); 

3 (D) list actions that the Commission has 

4 taken or will take to incorporate into the licens5 ing and oversight activities of the Commission, 

6 without compromising the mission of the Com7 mission, the lessons described in subparagraph 

8 (C); and 

9 (E) describe when the actions listed under 

10 subparagraph (D) were implemented or may be 

11 implemented. 

12 (b) ADVANCING EFFICIENT, RISK-INFORMED OVER13 SIGHT AND INSPECTIONS.— 

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

15 the date of enactment of this Act, the Commission 

16 shall develop and submit to the appropriate commit17 tees of Congress a report that identifies specific im18 provements to the nuclear reactor and materials 

19 oversight and inspection programs carried out pur20 suant to the Atomic Energy Act of 1954 that the 

21 Commission may implement to maximize the effi22 ciency of such programs through, where appropriate, 

23 the use of risk-informed, performance-based proce24 dures, expanded incorporation of information tech25 nologies, and staff training. 


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1 (2) STAKEHOLDER INPUT.—In developing the 

2 report under paragraph (1), the Commission shall, 

3 as appropriate, seek input from— 

4 (A) the Secretary of Energy; 

5 (B) the National Laboratories; 

6 (C) the nuclear energy industry; and 

7 (D) nongovernmental organizations that 

8 are related to nuclear energy. 

9 (3) CONTENTS.—The report submitted under 

10 paragraph (1) shall— 

11 (A) assess specific elements of oversight 

12 and inspections that may be modified by the 

13 use of technology, improved planning, and con14 tinually updated risk-informed, performance15 based assessment, including— 

16 (i) use of travel resources; 

17 (ii) planning and preparation for in18 spections, including entrance and exit 

19 meetings with licensees; 

20 (iii) document collection and prepara21 tion, including consideration of whether 

22 nuclear reactor data are accessible prior to 

23 onsite visits or requests to the licensee and 

24 that document requests are timely and 

25 within the scope of inspections; 


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1 (iv) the cross-cutting issues program; 

2 and 

3 (v) the scope of event reporting re4 quired by licensees to ensure decisions are 

5 risk-informed; 

6 (B) identify and assess measures to im7 prove oversight and inspections, including— 

8 (i) elimination of areas of duplicative 

9 or otherwise unnecessary activities; 

10 (ii) increased use of templates in doc11 umenting inspection results; and 

12 (iii) periodic training of Commission 

13 staff and leadership on the application of 

14 risk-informed criteria for— 

15 (I) inspection planning and as16 sessments; 

17 (II) agency decision making proc18 esses on the application of regulations 

19 and guidance; and 

20 (III) the application of the Com21 mission’s standard of reasonable as22 surance of adequate protection; 

23 (C) assess measures to advance risk-in24 formed procedures, including— 


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1 (i) increased use of inspection ap2 proaches that balance the level of resources 

3 commensurate with safety significance; 

4 (ii) increased review of the use of in5 spection program resources based on li6 censee performance; 

7 (iii) expansion of modern information 

8 technology, including artificial intelligence 

9 and machine learning to risk inform over10 sight and inspection decisions; and 

11 (iv) updating the Differing Profes12 sional Views or Opinions process to ensure 

13 any impacts on agency decisions and 

14 schedules are commensurate with the safe15 ty significance of the differing opinion; 

16 (D) assess the ability of the Commission, 

17 consistent with its obligations to provide reason18 able assurance of adequate protection of health 

19 and safety pursuant to the Atomic Energy Act 

20 of 1954, to enable licensee innovations that may 

21 advance nuclear reactor operational efficiency 

22 and safety, including the criteria of the Com23 mission for timely acceptance of licensee adop24 tion of advanced technologies, including digital 

25 technologies; 


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1 (E) identify recommendations resulting 

2 from the assessments described in subpara3 graphs (A) through (D); 

4 (F) identify specific actions that the Com5 mission will take to incorporate into the train6 ing, inspection, oversight, and licensing activi7 ties, and regulations of the Commission, with8 out compromising the mission of the Commis9 sion, the recommendations identified under sub10 paragraph (E); and 

11 (G) describe when the actions identified 

12 under subparagraph (F) may be implemented. 

13 (c) OFFICE AND FACILITY SPACE REVIEW.— 

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

15 date of enactment of this Act, the Comptroller Gen16 eral of the United States shall— 

17 (A) review office and other facility space 

18 requirements of the Commission; and 

19 (B) submit to the appropriate committees 

20 of Congress a report, with recommendations, on 

21 the results of such review. 

22 (2) CONTENTS.—The report described in para23 graph (1) shall include— 

24 (A) an examination of— 


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1 (i) the costs associated with the head2 quarters, regional offices, and technical 

3 training center of the Commission, includ4 ing examination of— 

5 (I) costs that do not support the 

6 Commission’s mission, including rent 

7 subsidies for other Federal agencies; 

8 and 

9 (II) opportunities to reduce fu10 ture costs through reduction in unnec11 essary office space, consolidation of 

12 offices, use of advanced information 

13 technology, or any other appropriate 

14 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 

19 Commission, and the General Services Adminis20 tration for actions that may assist in reducing 

21 office and facility costs to licensees and tax22 payers. 

23 (d) DEFINITIONS.—In this section: 

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1 gress’’ means the Committee on Energy and Com2 merce of the House of Representatives and the Com3 mittee on Environment and Public Works of the 

4 Senate. 

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

6 means the Nuclear Regulatory Commission. 

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

8 person that holds a license issued under section 103 

9 or section 104 of the Atomic Energy Act of 1954 

10 (42 U.S.C. 2133; 2134). 

11 TITLE II—NUCLEAR 

12 TECHNOLOGY DEPLOYMENT 

13 SEC. 201. ADVANCED NUCLEAR DEPLOYMENT. 

14 (a) ENABLING PREPARATIONS FOR ADVANCED NU15 CLEAR REACTOR DEMONSTRATIONS ON FEDERAL

16 SITES.— 

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

18 Nuclear Energy Innovation and Modernization Act 

19 (42 U.S.C. 2215(b)(1)(B)) is further amended by 

20 adding at the end the following: 

21 ‘‘(vi) Costs for— 

22 ‘‘(I) activities to review and ap23 prove or disapprove an application for 

24 an early site permit (as defined in sec25 tion 52.1 of title 10, Code of Federal 


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1 Regulations (or any successor regula2 tion)) to demonstrate an advanced nu3 clear reactor on a Department of En4 ergy site or any site or installation 

5 that is critical national security infra6 structure (as defined in section 327(d) 

7 of the John S. McCain National De8 fense Authorization Act for Fiscal 

9 Year 2019); and 

10 ‘‘(II) pre-application activities re11 lating to an early site permit (as so 

12 defined) to demonstrate an advanced 

13 nuclear reactor on a Department of 

14 Energy site or any site or installation 

15 that is critical national security infra16 structure (as defined in section 327(d) 

17 of the John S. McCain National De18 fense Authorization Act for Fiscal 

19 Year 2019).’’. 

20 (2) EFFECTIVE DATE.—The amendment made 

21 by paragraph (1) shall take effect on October 1, 

22 2024. 

23 (b) REGULATORY REQUIREMENTS FOR MICRO-REAC24 TORS.— 


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

2 Regulatory Commission (in this subsection referred 

3 to as the ‘‘Commission’’) shall— 

4 (A) not later than 18 months after the 

5 date of enactment of this Act, develop risk-in6 formed and performance-based strategies and 

7 guidance to license and regulate micro-reactors 

8 pursuant to section 103 of the Atomic Energy 

9 Act of 1954 (42 U.S.C. 2133), including strate10 gies and guidance for— 

11 (i) staffing and operations; 

12 (ii) oversight and inspections; 

13 (iii) safeguards and security; 

14 (iv) emergency preparedness; 

15 (v) risk analysis methods, including 

16 alternatives to probabilistic risk assess17 ments; 

18 (vi) decommissioning funding assur19 ance methods that permit the use of 

20 design- and site-specific cost estimates; 

21 (vii) the transportation of fueled 

22 micro-reactors; and 

23 (viii) siting, including in relation to— 

24 (I) the population density cri25 terion limit described in the policy 


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1 issue paper on population-related 

2 siting considerations for advanced re3 actors dated May 8, 2020, and num4 bered SECY–20–0045; 

5 (II) licensing mobile deployment; 

6 and 

7 (III) environmental reviews; and 

8 (B) not later than 3 years after the date 

9 of enactment of this Act, implement, as appro10 priate, the strategies and guidance developed 

11 under subparagraph (A)— 

12 (i) within the existing regulatory 

13 framework; 

14 (ii) through the technology-inclusive, 

15 regulatory framework to be established 

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

17 Energy Innovation and Modernization Act 

18 (42 U.S.C. 2133 note; Public Law 115– 

19 439); or 

20 (iii) through a pending or new rule21 making. 

22 (2) CONSIDERATIONS.—In developing and im23 plementing strategies and guidance under paragraph 

24 (1), the Commission shall consider— 


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1 (A) the unique characteristics of micro-re2 actors, including characteristics relating to— 

3 (i) physical size; 

4 (ii) design simplicity; and 

5 (iii) source term; 

6 (B) opportunities to address redundancies 

7 and inefficiencies; 

8 (C) opportunities to consolidate review 

9 phases and reduce transitions between review 

10 teams; 

11 (D) opportunities to establish integrated 

12 review teams to ensure continuity throughout 

13 the review process; and 

14 (E) other relevant considerations discussed 

15 in the policy issue paper on policy and licensing 

16 considerations related to micro-reactors dated 

17 October 6, 2020, and numbered SECY–20– 

18 0093. 

19 (3) CONSULTATION.—In carrying out para20 graph (1), the Commission shall consult with— 

21 (A) the Secretary of Energy; 

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

23 appropriate; 

24 (C) micro-reactor technology developers; 

25 and 


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1 (D) other stakeholders. 

2 (c) EXPEDITED SUBSEQUENT COMBINED LI3 CENSES.— 

4 (1) IN GENERAL.—In accordance with this sub5 section, the Nuclear Regulatory Commission (re6 ferred to in this subsection as the ‘‘Commission’’) 

7 shall establish and carry out an expedited procedure 

8 for issuing a combined license pursuant to section 

9 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 

10 2235). 

11 (2) QUALIFICATIONS.—To qualify for the expe12 dited procedure under paragraph (1), an applicant— 

13 (A) shall submit a combined license appli14 cation for a new nuclear reactor based off a 

15 previously licensed design; 

16 (B) shall propose to construct the new nu17 clear reactor on or adjacent to a site on which 

18 a nuclear reactor already operates or previously 

19 operated; and 

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

21 Commission to suspend or revoke a license 

22 under section 2.202 of title 10, Code of Federal 

23 Regulations (or any successor regulation). 

24 (3) EXPEDITED PROCEDURE.—With respect to 

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1 fied the requirements described in paragraph (2), 

2 the Commission shall, to the maximum extent prac3 ticable— 

4 (A) not later than 1 year after the applica5 tion is accepted for docketing, issue a draft en6 vironmental impact statement; 

7 (B) not later than 18 months after the ap8 plication is accepted for docketing— 

9 (i) complete the technical review proc10 ess; and 

11 (ii) issue a safety evaluation report 

12 and final environmental impact statement; 

13 (C) not later than 2 years after the appli14 cation is accepted for docketing, complete any 

15 necessary public licensing hearings and related 

16 processes; and 

17 (D) not later than 25 months after the ap18 plication is accepted for docketing, make a final 

19 decision on whether to issue the combined li20 cense. 

21 (4) PERFORMANCE AND REPORTING.— 

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

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1 sion shall inform the Commission of any failure 

2 to meet a deadline under paragraph (3). 

3 (B) DELAYS IN ISSUANCE EXCEEDING 90

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

5 not met by the date that is 90 days after the 

6 applicable date required under such paragraph, 

7 the Commission shall submit to the Committee 

8 on Environment and Public Works of the Sen9 ate and the Committee on Energy and Com10 merce of the House of Representatives a report 

11 describing the delay, including a detailed expla12 nation accounting for the delay and a plan for 

13 completion of the applicable action. 

14 (d) PILOT PROGRAM FOR NUCLEAR POWER PUR15 CHASE AGREEMENTS.— 

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

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

18 Stat. 782) is amended by adding at the end the fol19 lowing: 

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

21 AGREEMENT PILOT PROGRAM. 

22 ‘‘(a) ESTABLISHMENT.—The Secretary may establish 

23 a pilot program under which the Secretary may enter into 

24 at least one long-term power purchase agreement for 

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1 spect to which an initial operating license is issued by the 

2 Nuclear Regulatory Commission after January 1, 2024. 

3 ‘‘(b) CONSULTATION.—In establishing a pilot pro4 gram under this section, the Secretary shall consult with 

5 the heads of other Federal departments and agencies that 

6 may benefit from purchasing nuclear power for a period 

7 of longer than 10 years, including the Secretary of De8 fense. 

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

10 other provision of law, an agreement entered into pursuant 

11 to this section to purchase power from a commercial nu12 clear reactor shall be made for a period of at least 10 years 

13 and not more than 40 years. 

14 ‘‘(d) PRIORITY.—In carrying out this section, the 

15 Secretary shall prioritize entering into long-term power 

16 purchase agreements for power generated by first-of-a17 kind or early deployment commercial nuclear reactors that 

18 will provide reliable and resilient power— 

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

20 purposes; or 

21 ‘‘(2) for other purposes that the Secretary de22 termines are in the national interest, including for 

23 remote off-grid scenarios or grid-connected scenarios 

24 that provide capabilities commonly known as 

25 ‘islanding power capabilities’ during an emergency. 


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

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

3 is higher than the average market rate, unless the agree4 ment is for power generated by a commercial nuclear reac5 tor described in subsection (d). 

6 ‘‘(f) ADVANCED FUNDING.—The Secretary— 

7 ‘‘(1) may not enter into any power purchase 

8 agreement under this section unless funds are spe9 cifically provided for such purposes in advance in ap10 propriations Acts enacted after the date of enact11 ment of this section; and 

12 ‘‘(2) may only enter into such a power purchase 

13 agreement if the full extent of anticipated costs 

14 stemming from such agreement is recorded as an ob15 ligation up front and in full at the time such agree16 ment is made.’’. 

17 (2) TABLE OF CONTENTS.—The table of con18 tents of the Energy Policy Act of 2005 (Public Law 

19 109–58; 119 Stat. 594) is amended by inserting 

20 after the item relating to section 639 the following: 

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

21 SEC. 202. GLOBAL NUCLEAR COOPERATION. 

22 (a) GLOBAL NUCLEAR ENERGY ASSESSMENT

23 STUDY.— 

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

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1 retary of Energy, in consultation with the Secretary 

2 of State, the Secretary of Commerce, the Adminis3 trator of the Environmental Protection Agency, and 

4 the Commission, shall conduct a study on the global 

5 status of— 

6 (A) the civilian nuclear energy industry; 

7 and 

8 (B) the supply chains of the civilian nu9 clear energy industry. 

10 (2) CONTENTS.—The study conducted under 

11 paragraph (1) shall include— 

12 (A) information on the status of the civil13 ian nuclear energy industry, the long-term risks 

14 to such industry, and the basis for such risks; 

15 (B) information on how the use of the ci16 vilian nuclear energy industry, relative to other 

17 types of energy industries, can reduce the emis18 sion of criteria pollutants and carbon dioxide; 

19 (C) information on the role the United 

20 States civilian nuclear energy industry plays in 

21 United States foreign policy; 

22 (D) information on the importance of the 

23 United States civilian nuclear energy industry 

24 to countries that are allied to the United 

25 States; 


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1 (E) information on how the United States 

2 may collaborate with such countries in devel3 oping, deploying, and investing in nuclear tech4 nology; 

5 (F) information on how foreign countries 

6 use nuclear energy when crafting and imple7 menting their own foreign policy, including such 

8 use by foreign countries that are strategic com9 petitors; 

10 (G) an evaluation of how nuclear non11 proliferation and security efforts and nuclear 

12 energy safety are affected by the involvement of 

13 the United States in— 

14 (i) international markets; and 

15 (ii) setting civilian nuclear energy in16 dustry standards; 

17 (H) an evaluation of how industries in the 

18 United States, other than the civilian nuclear 

19 energy industry, benefit from the generation of 

20 electricity by nuclear power plants; 

21 (I) information on utilities and companies 

22 in the United States that are involved in the ci23 vilian nuclear energy supply chain, including, 

24 with respect to such utilities and companies— 

25 (i) financial challenges; 


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1 (ii) nuclear liability issues; 

2 (iii) foreign strategic competition; and 

3 (iv) risks to continued operation; and 

4 (J) recommendations for how the United 

5 States may— 

6 (i) develop a national strategy to in7 crease the role nuclear energy plays in di8 plomacy and strategic energy policy; 

9 (ii) develop a strategy to mitigate for10 eign competitor’s utilization of their civil11 ian nuclear energy industries in diplomacy; 

12 (iii) align its nuclear energy policy 

13 with national security objectives; and 

14 (iv) remove regulatory barriers to the 

15 development of the United States civilian 

16 nuclear energy supply chain. 

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

18 months after the study is conducted under para19 graph (1), the Secretary of Energy shall submit to 

20 the appropriate committees of Congress a report, in21 cluding a classified annex as necessary, on the re22 sults of such study. 

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

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

25 the date of enactment of this Act, the Secretary of 


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1 Energy, in consultation with the Secretary of State 

2 and the Commission, shall develop and carry out a 

3 program under which the Secretary of Energy shall 

4 train foreign nuclear energy experts and standardize 

5 practices. 

6 (2) REQUIREMENTS.—In carrying out the pro7 gram developed under paragraph (1), the Secretary 

8 of Energy shall— 

9 (A) issue guidance for best safety practices 

10 in the global civilian nuclear energy industry 

11 based on practices established in the United 

12 States; 

13 (B) train foreign nuclear energy experts on 

14 the operation and safety and security practices 

15 used by the United States civilian nuclear en16 ergy industry; 

17 (C) review global supply chain risks for 

18 foreign civilian nuclear energy industries; 

19 (D) identify weaknesses and concerns 

20 found in foreign civilian nuclear energy indus21 tries; and 

22 (E) establish partnerships with foreign 

23 countries that have developed or are developing 

24 civilian nuclear energy industries. 


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1 (3) FOREIGN NUCLEAR ENERGY EXPERT.—In 

2 this subsection, the term ‘‘foreign nuclear energy ex3 pert’’ does not include a person who is from a coun4 try— 

5 (A) in which intellectual property theft is 

6 legal; 

7 (B) that takes actions to undermine the ci8 vilian nuclear energy industry or other critical 

9 industries of the United States; or 

10 (C) which the Secretary of Energy deter11 mines is inimical to the interest of the United 

12 States. 

13 (c) INTERNATIONAL NUCLEAR REACTOR EXPORT

14 AND INNOVATION ACTIVITIES.— 

15 (1) COORDINATION.—The Commission shall— 

16 (A) coordinate all work of the Commission 

17 relating to— 

18 (i) issuing a license for the import or 

19 export of a nuclear reactor under section 

20 103 of the Atomic Energy Act of 1954 (42 

21 U.S.C. 2133); and 

22 (ii) international regulatory coopera23 tion and assistance relating to nuclear re24 actors; and 

25 (B) support— 


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1 (i) the consideration of international 

2 technical standards to assist the design, li3 censing, and construction of advanced nu4 clear systems; 

5 (ii) efforts to help build competent nu6 clear regulatory organizations and legal 

7 frameworks in foreign countries that are 

8 seeking to develop civilian nuclear energy 

9 industries; and 

10 (iii) exchange programs and training 

11 provided in coordination with the Secretary 

12 of State to foreign countries relating to ci13 vilian nuclear energy industry regulation 

14 and oversight to improve nuclear tech15 nology licensing. 

16 (2) CONSULTATION.—In supporting exchange 

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

18 the Commission shall consult with— 

19 (A) the Secretary of Energy; 

20 (B) the Secretary of State; 

21 (C) the National Laboratories; 

22 (D) the private sector; and 

23 (E) institutions of higher education. 

24 (3) NUCLEAR REACTOR EXPORT AND INNOVA25 TION BRANCH.—The Commission may establish 


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1 within the Office of International Programs of the 

2 Commission a branch, to be known as the ‘‘Inter3 national Nuclear Reactor Export and Innovation 

4 Branch’’, to carry out the nuclear reactor export and 

5 innovation activities described in paragraph (1) as 

6 the Commission determines appropriate. 

7 (4) EXCLUSION OF INTERNATIONAL ACTIVITIES

8 FROM THE FEE BASE.— 

9 (A) IN GENERAL.—Section 102 of the Nu10 clear Energy Innovation and Modernization Act 

11 (42 U.S.C. 2215) is amended— 

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

13 end the following: 

14 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX15 PORT AND INNOVATION ACTIVITIES.—The Commis16 sion shall identify in the annual budget justification 

17 international nuclear reactor export and innovation 

18 activities described in section 202(c)(1) of the Atom19 ic Energy Advancement Act.’’; and 

20 (ii) in subsection (b)(1)(B), as amend21 ed by the preceding provisions of this Act, 

22 by adding at the end the following: 

23 ‘‘(vii) Costs for international nuclear 

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1 scribed in section 202(c)(1) of the Atomic 

2 Energy Advancement Act.’’. 

3 (B) EFFECTIVE DATE.—The amendments 

4 made by subparagraph (A) shall take effect on 

5 October 1, 2024. 

6 (d) DENIAL OF CERTAIN DOMESTIC LICENSES FOR

7 NATIONAL SECURITY PURPOSES.— 

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

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

10 uranium that is fabricated into fuel assemblies for 

11 nuclear reactors by an entity that— 

12 (A) is owned or controlled by the Govern13 ment of the Russian Federation or the Govern14 ment of the People’s Republic of China; or 

15 (B) is organized under the laws of, or oth16 erwise subject to the jurisdiction of, the Rus17 sian Federation or the People’s Republic of 

18 China. 

19 (2) PROHIBITION ON UNLICENSED POSSESSION

20 OR OWNERSHIP OF COVERED FUEL.—Unless specifi21 cally authorized by the Commission in a license 

22 issued under section 53 of the Atomic Energy Act 

23 of 1954 (42 U.S.C. 2073), no person subject to the 

24 jurisdiction of the Commission may possess or own 

25 covered fuel. 


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1 (3) LICENSE TO POSSESS OR OWN COVERED

2 FUEL.— 

3 (A) CONSULTATION REQUIRED PRIOR TO

4 ISSUANCE.—The Commission shall not issue a 

5 license to possess or own covered fuel under 

6 section 53 of the Atomic Energy Act of 1954 

7 (42 U.S.C. 2073) unless the Commission has 

8 first consulted with the Secretary of Energy 

9 and the Secretary of State before issuing the li10 cense. 

11 (B) PROHIBITION ON ISSUANCE OF LI12 CENSE.— 

13 (i) IN GENERAL.—Subject to clause 

14 (iii), a license to possess or own covered 

15 fuel shall not be issued if the Secretary of 

16 Energy and the Secretary of State make 

17 the determination described in clause (ii). 

18 (ii) DETERMINATION.— 

19 (I) IN GENERAL.—The deter20 mination referred to in clause (i) is a 

21 determination that possession or own22 ership, as applicable, of covered fuel 

23 poses a threat to the national security 

24 of the United States that adversely 


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1 impacts the physical and economic se2 curity of the United States. 

3 (II) JOINT DETERMINATION.—A 

4 determination described in subclause 

5 (I) shall be jointly made by the Sec6 retary of Energy and the Secretary of 

7 State. 

8 (III) TIMELINE.— 

9 (aa) NOTICE OF APPLICA10 TION.—Not later than 30 days 

11 after the date on which the Com12 mission receives an application 

13 for a license to possess or own 

14 covered fuel, the Commission 

15 shall notify the Secretary of En16 ergy and the Secretary of State 

17 of the application. 

18 (bb) DETERMINATION.—The 

19 Secretary of Energy and the Sec20 retary of State shall have a pe21 riod of 180 days, beginning on 

22 the date on which the Commis23 sion notifies the Secretary of En24 ergy and the Secretary of State 

25 under item (aa) of an application 


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1 for a license to possess or own 

2 covered fuel, in which to make 

3 the determination described in 

4 subclause (I). 

5 (cc) COMMISSION NOTIFICA6 TION.—On making the deter7 mination described in subclause 

8 (I), the Secretary of Energy and 

9 the Secretary of State shall im10 mediately notify the Commission. 

11 (dd) CONGRESSIONAL NOTI12 FICATION.—Not later than 30 

13 days after the date on which the 

14 Secretary of Energy and the Sec15 retary of State notify the Com16 mission under item (cc), the 

17 Commission shall notify the ap18 propriate committees of Congress 

19 of the determination. 

20 (ee) PUBLIC NOTICE.—Not 

21 later than 15 days after the date 

22 on which the Commission notifies 

23 Congress under item (dd) of a 

24 determination made under sub25 clause (I), the Commission shall 


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1 make that determination publicly 

2 available. 

3 (iii) EFFECT OF NO DETERMINA4 TION.—The prohibition described in clause 

5 (i) shall not apply if the Secretary of En6 ergy and the Secretary of State do not 

7 make the determination described in clause 

8 (ii) by the date described in subclause 

9 (III)(bb) of that clause. 

10 (e) DEFINITIONS.—In this section: 

11 (1) APPROPRIATE COMMITTEES OF CON12 GRESS.—The term ‘‘appropriate committees of Con13 gress’’ means each of the following: 

14 (A) The Committee on Energy and Com15 merce of the House of Representatives. 

16 (B) The Committee on Foreign Affairs of 

17 the House of Representatives. 

18 (C) The Committee on Environment and 

19 Public Works of the Senate. 

20 (D) The Committee on Energy and Nat21 ural Resources of the Senate. 

22 (E) The Committee on Foreign Relations 

23 of the Senate. 

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

25 means the Nuclear Regulatory Commission. 


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1 SEC. 203. AMERICAN NUCLEAR COMPETITIVENESS. 

2 (a) PROCESS FOR REVIEW AND AMENDMENT OF

3 PART 810 GENERALLY AUTHORIZED DESTINATIONS.— 

4 (1) IDENTIFICATION AND EVALUATION OF FAC5 TORS.—Not later than 90 days after the date of en6 actment of this Act, the Secretary of Energy, with 

7 the concurrence of the Secretary of State, shall iden8 tify and evaluate factors, other than agreements for 

9 cooperation entered into in accordance with section 

10 123 of the Atomic Energy Act of 1954 (42 U.S.C. 

11 2153), that may be used to determine a country’s 

12 generally authorized destination status under part 

13 810 of title 10, Code of Federal Regulations, and to 

14 list such country as a generally authorized destina15 tion in Appendix A to part 810 of title 10, Code of 

16 Federal Regulations. 

17 (2) PROCESS UPDATE.—The Secretary of En18 ergy shall review and, as appropriate, update the 

19 Department of Energy’s process for determining a 

20 country’s generally authorized destination status 

21 under part 810 of title 10, Code of Federal Regula22 tions, and for listing such country as a generally au23 thorized destination in Appendix A to part 810 of 

24 title 10, Code of Federal Regulations, taking into 

25 consideration, and, as appropriate, incorporating 


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1 factors identified and evaluated under paragraph 

2 (1). 

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

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

5 least once every 5 years thereafter, the Secretary of 

6 Energy shall, in accordance with any process up7 dated pursuant to this subsection, review the list in 

8 Appendix A to part 810 of title 10, Code of Federal 

9 Regulations, and amend such list as appropriate. 

10 (b) LICENSING DOMESTIC NUCLEAR PROJECTS IN

11 WHICH UNITED STATES ALLIES INVEST.— 

12 (1) IN GENERAL.—The prohibitions against 

13 issuing certain licenses for utilization facilities to 

14 certain aliens, corporations, and other entities de15 scribed in the second sentence of section 103 d. of 

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

17 and the second sentence of section 104 d. of that 

18 Act (42 U.S.C. 2134(d)) shall not apply to an entity 

19 described in paragraph (2) of this subsection if the 

20 Nuclear Regulatory Commission determines that 

21 issuance of the applicable license to that entity is 

22 not inimical to— 

23 (A) the common defense and security; or 

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

25 (2) ENTITIES DESCRIBED.— 


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

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

3 entity that is owned, controlled, or dominated 

4 by— 

5 (i) the government of— 

6 (I) a country, other than a coun7 try described in subparagraph (B), 

8 that is a member of the Organization 

9 for Economic Co-operation and Devel10 opment on the date of enactment of 

11 this Act; or 

12 (II) the Republic of India; 

13 (ii) a corporation that is incorporated 

14 in a country described in subclause (I) or 

15 (II) of clause (i); or 

16 (iii) an alien who is a citizen or na17 tional of a country described in subclause 

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

19 (B) EXCLUSION.—A country described in 

20 this subparagraph is a country— 

21 (i) any department, agency, or instru22 mentality of the government of which, on 

23 the date of enactment of this Act, is sub24 ject to sanctions under section 231 of the 


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1 Countering America’s Adversaries Through 

2 Sanctions Act (22 U.S.C. 9525); or 

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

4 which, as of the date of enactment of this 

5 Act, is included on the List of Specially 

6 Designated Nationals and Blocked Persons 

7 maintained by the Office of Foreign Assets 

8 Control of the Department of the Treasury 

9 pursuant to sanctions imposed under sec10 tion 231 of the Countering America’s Ad11 versaries Through Sanctions Act (22 

12 U.S.C. 9525). 

13 (3) TECHNICAL AMENDMENT.—Section 103 d. 

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

15 2133(d)) is amended, in the second sentence, by 

16 striking ‘‘any any’’ and inserting ‘‘any’’. 

17 (4) SAVINGS CLAUSE.—Nothing in this sub18 section affects the requirements of section 721 of 

19 the Defense Production Act of 1950 (50 U.S.C. 

20 4565). 

21 (c) LICENSING CONSIDERATIONS RELATING TO USE

22 OF NUCLEAR ENERGY FOR NONELECTRIC APPLICA23 TIONS.— 

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

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1 latory Commission (in this subsection referred to as 

2 the ‘‘Commission’’) shall submit to the Committee 

3 on Energy and Commerce of the House of Rep4 resentatives and the Committee on Environment and 

5 Public Works of the Senate a report addressing any 

6 unique licensing issues or requirements relating to— 

7 (A) the flexible operation of advanced nu8 clear reactors, such as ramping power output 

9 and switching between electricity generation 

10 and nonelectric applications; 

11 (B) the use of advanced nuclear reactors 

12 exclusively for nonelectric applications; and 

13 (C) the collocation of advanced nuclear re14 actors with industrial plants or other facilities. 

15 (2) STAKEHOLDER INPUT.—In developing the 

16 report under paragraph (1), the Commission shall 

17 seek input from— 

18 (A) the Secretary of Energy; 

19 (B) the nuclear energy industry; 

20 (C) technology developers; 

21 (D) the industrial, chemical, and medical 

22 sectors; 

23 (E) nongovernmental organizations; and 

24 (F) other public stakeholders. 


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1 (3) CONTENTS.—The report under paragraph 

2 (1) shall describe— 

3 (A) any unique licensing issues or require4 ments relating to the matters described in sub5 paragraphs (A) through (C) of paragraph (1), 

6 including, with respect to the nonelectric appli7 cations referred to in subparagraphs (A) and 

8 (B) of that paragraph, any licensing issues or 

9 requirements relating to the use of nuclear en10 ergy— 

11 (i) for hydrogen or other liquid and 

12 gaseous fuel or chemical production; 

13 (ii) for water desalination and waste14 water treatment; 

15 (iii) for heat used in industrial proc16 esses; 

17 (iv) for district heating; 

18 (v) in relation to energy storage; 

19 (vi) for industrial or medical isotope 

20 production; and 

21 (vii) other applications, as identified 

22 by the Commission; 

23 (B) options for addressing such issues or 

24 requirements— 


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1 (i) within the existing regulatory 

2 framework; 

3 (ii) through the technology-inclusive, 

4 regulatory framework to be established 

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

6 Energy Innovation and Modernization Act 

7 (42 U.S.C. 2133 note; Public Law 115– 

8 439); or 

9 (iii) through a new rulemaking; 

10 (C) the extent to which Commission action 

11 is needed to implement any matter described in 

12 the report; and 

13 (D) cost estimates, proposed budgets, and 

14 proposed timeframes for implementing risk-in15 formed and performance-based regulatory guid16 ance for licensing advanced nuclear reactors for 

17 nonelectric applications. 

18 (d) REPORT ON ADVANCED METHODS OF MANUFAC19 TURING AND CONSTRUCTION FOR NUCLEAR ENERGY

20 PROJECTS.— 

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

22 after the date of enactment of this Act, the Nuclear 

23 Regulatory Commission (in this subsection referred 

24 to as the ‘‘Commission’’) shall submit to the Com25 mittee on Energy and Commerce of the House of 


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1 Representatives and the Committee on Environment 

2 and Public Works of the Senate a report on ad3 vanced methods of manufacturing and construction 

4 for nuclear energy projects. 

5 (2) STAKEHOLDER INPUT.—In developing the 

6 report under paragraph (1), the Commission shall 

7 seek input from— 

8 (A) the Secretary of Energy; 

9 (B) the nuclear energy industry; 

10 (C) the National Laboratories; 

11 (D) institutions of higher education; 

12 (E) nuclear and manufacturing technology 

13 developers; 

14 (F) the manufacturing and construction 

15 industries; 

16 (G) standards development organizations; 

17 (H) labor unions; 

18 (I) nongovernmental organizations; and 

19 (J) other public stakeholders. 

20 (3) CONTENTS.— 

21 (A) IN GENERAL.—The report under para22 graph (1) shall— 

23 (i) examine any unique licensing 

24 issues or requirements relating to the use, 

25 for nuclear energy projects, of— 


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1 (I) advanced manufacturing tech2 niques; and 

3 (II) advanced construction tech4 niques; 

5 (ii) examine— 

6 (I) the requirements for nuclear7 grade components in manufacturing 

8 and construction for nuclear energy 

9 projects; 

10 (II) opportunities to use standard 

11 materials, parts, or components in 

12 manufacturing and construction for 

13 nuclear energy applications; and 

14 (III) opportunities to use stand15 ard materials that are in compliance 

16 with existing codes and standards to 

17 provide acceptable approaches to sup18 port or encapsulate new materials 

19 that do not yet have applicable codes 

20 or standards; 

21 (iii) identify safety aspects of ad22 vanced manufacturing processes and ad23 vanced construction techniques that are 

24 not addressed by existing codes and stand25 ards, so that generic guidance for nuclear 


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1 energy projects may be updated or created 

2 as necessary by the Commission; 

3 (iv) identify options for addressing the 

4 issues, requirements, and opportunities ex5 amined under clauses (i) and (ii)— 

6 (I) within the existing regulatory 

7 framework; or 

8 (II) through a new rulemaking; 

9 and 

10 (v) describe the extent to which Com11 mission action is needed to implement any 

12 matter described in the report. 

13 (B) COST ESTIMATES, BUDGETS, AND

14 TIMEFRAMES.—The report under paragraph (1) 

15 shall include cost estimates, proposed budgets, 

16 and proposed timeframes for implementing risk17 informed and performance-based regulatory 

18 guidance for advanced manufacturing and con19 struction for nuclear energy projects. 

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

21 (1) EXTENSION.—Section 170 of the Atomic 

22 Energy Act of 1954 (42 U.S.C. 2210) (commonly 

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

24 striking ‘‘December 31, 2025’’ each place it appears 

25 and inserting ‘‘December 31, 2065’’. 


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1 (2) LIABILITY.—Section 170 of the Atomic En2 ergy Act of 1954 (42 U.S.C. 2210) (commonly 

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

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

5 ‘‘$500,000,000’’ and inserting 

6 ‘‘$2,000,000,000’’; and 

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

8 ‘‘$500,000,000’’ and inserting 

9 ‘‘$2,000,000,000’’. 

10 (3) REPORT.—Section 170 p. of the Atomic 

11 Energy Act of 1954 (42 U.S.C. 2210(p)) (commonly 

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

13 striking ‘‘December 31, 2021’’ and inserting ‘‘De14 cember 31, 2061’’. 

15 (4) DEFINITION OF NUCLEAR INCIDENT.—Sec16 tion 11 q. of the Atomic Energy Act of 1954 (42 

17 U.S.C. 2014(q)) is amended, in the second proviso, 

18 by striking ‘‘if such occurrence’’ and all that follows 

19 through ‘‘United States:’’ and inserting a colon. 

20 (f) RISK POOLING PROGRAM ASSESSMENT.— 

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

22 date of enactment of this Act, the Comptroller Gen23 eral shall carry out a review of, and submit to the 

24 Committee on Energy and Commerce of the House 

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1 ment and Public Works of the Senate a report on, 

2 the Secretary of Energy’s actions with respect to the 

3 program described in section 934(e) of the Energy 

4 Independence and Security Act of 2007 (42 U.S.C. 

5 17373(e)). 

6 (2) CONTENTS.—The report described in para7 graph (1) shall include— 

8 (A) an evaluation of the Secretary of Ener9 gy’s actions to determine the risk-informed as10 sessment formula under section 934(e)(2)(C) of 

11 the Energy Independence and Security Act of 

12 2007 (42 U.S.C. 17373(e)(2)(C)); and 

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

14 methodology to collect information to determine 

15 and implement the formula. 

Passed the House of Representatives February 28, 

2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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