I 

118TH CONGRESS 

1ST SESSION H. R. 6544 

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

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

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2023 

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

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

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

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

A BILL 

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

deployment of nuclear energy technologies, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Atomic Energy Advancement Act’’. 


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

2 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. 

3 TITLE I—NUCLEAR 

4 REGULATORY COMMISSION 

5 Subtitle A—Efficiency, Perform6 ance, and Preparation for the 

7 Future 

8 SEC. 101. NRC MISSION ALIGNMENT. 

9 (a) MISSION OF THE COMMISSION.— 

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

11 date of enactment of this Act, the Nuclear Regu12 latory Commission shall, while remaining consistent 

13 with the policies of the Atomic Energy Act of 1954 

14 (including to provide reasonable assurance of adeVerDate Sep 11 2014 21:21 Dec 14, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6544.IH H6544

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1 quate protection of the public health and safety, to 

2 promote the common defense and security, and to 

3 protect the environment), update the mission state4 ment of the Commission to include that licensing 

5 and regulation of nuclear energy activities be con6 ducted in a manner that is efficient and does not 

7 unnecessarily limit— 

8 (A) the potential of nuclear energy to im9 prove the general welfare; and 

10 (B) the benefits of nuclear energy tech11 nology to society. 

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

13 to the mission statement required under paragraph 

14 (1), the Nuclear Regulatory Commission shall sub15 mit to Congress a report that describes— 

16 (A) the updated mission statement; and 

17 (B) the guidance that the Nuclear Regu18 latory Commission will provide to staff of the 

19 Nuclear Regulatory Commission to ensure ef20 fective performance of such mission. 

21 (b) OFFICE OF NUCLEAR REACTOR REGULATION.— 

22 Section 203 of the Energy Reorganization Act of 1974 

23 (42 U.S.C. 5843) is amended— 

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

25 and inserting the following: 


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1 ‘‘(a) ESTABLISHMENT; APPOINTMENT OF DIREC2 TOR.—There’’; 

3 (2) in subsection (b)— 

4 (A) in the matter preceding paragraph 

5 (1)— 

6 (i) by striking ‘‘(b) Subject’’ and in7 serting the following: 

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

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

10 and inserting ‘‘delegate, including the fol11 lowing:’’; and 

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

13 discharge of the’’ and inserting ‘‘to fulfill the li14 censing and regulatory oversight’’; 

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

16 and inserting the following: 

17 ‘‘(d) RESPONSIBILITY FOR SAFE OPERATION OF FA18 CILITIES.—Nothing’’; and 

19 (4) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) LICENSING PROCESS.—In carrying out the prin22 cipal licensing and regulation functions under subsection 

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

24 ‘‘(1) establish techniques and guidance for eval25 uating applications for licenses for nuclear reactors 


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1 to support efficient, timely, and predictable reviews 

2 of applications for such licenses to enable the safe 

3 and secure use of nuclear reactors; 

4 ‘‘(2) maintain the techniques and guidance es5 tablished under paragraph (1) by periodically assess6 ing and, if necessary, modifying such techniques and 

7 guidance; and 

8 ‘‘(3) obtain approval from the Commission if es9 tablishment or modification of the techniques and 

10 guidance established under paragraph (1) or (2) in11 volves policy formulation.’’. 

12 SEC. 102. NUCLEAR LICENSING EFFICIENCY. 

13 (a) EFFICIENT LICENSING REVIEWS.— 

14 (1) GENERAL.—Section 181 of the Atomic En15 ergy Act of 1954 (42 U.S.C. 2231) is amended— 

16 (A) by striking ‘‘The provisions of’’ and in17 serting the following: 

18 ‘‘(a) The provisions of’’; and 

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

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

21 Commission shall provide for efficient, timely, and predict22 able reviews and proceedings for the granting, suspending, 

23 revoking, or amending of any license or construction per24 mit, or application to transfer control, and in any proVerDate Sep 11 2014 21:21 Dec 14, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6544.IH H6544

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1 ceeding for the issuance or modification of rules and regu2 lations dealing with the activities of licenses.’’. 

3 (2) CONSTRUCTION PERMITS AND OPERATING

4 LICENSES.—Section 185 of the Atomic Energy Act 

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

6 the end the following: 

7 ‘‘c. APPLICATION REVIEWS FOR PRODUCTION AND

8 UTILIZATION FACILITIES OF AN EXISTING SITE.—In re9 viewing an application for an early site permit, construc10 tion permit, operating license, or combined construction 

11 permit and operating license for a production facility or 

12 utilization facility located at the site of a production facil13 ity or utilization facility licensed by the Commission, the 

14 Commission shall, to the extent practicable, use informa15 tion that was part of the licensing basis of the licensed 

16 production facility or utilization facility.’’. 

17 (b) PERFORMANCE METRICS AND MILESTONES.— 

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

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

20 (1) in paragraph (3)— 

21 (A) in the paragraph heading, by striking 

22 ‘‘180’’ and inserting ‘‘90’’; and 

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

24 and 

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


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1 ‘‘(4) PERIODIC UPDATES TO METRICS AND

2 SCHEDULES.— 

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

4 frequently than once every 3 years, the Com5 mission shall review and assess, based on the li6 censing and regulatory activities of the Com7 mission, the performance metrics and milestone 

8 schedules developed under paragraph (1). 

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

10 assessment under subparagraph (A), the Com11 mission shall revise, as appropriate, the per12 formance metrics and milestone schedules devel13 oped under paragraph (1) to provide the most 

14 efficient performance metrics and milestone 

15 schedules reasonably achievable.’’. 

16 (c) CLARIFICATION ON FUSION REGULATION.—Sec17 tion 103(a)(4) of the Nuclear Energy Innovation and 

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

19 115–439) is amended— 

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

21 following: 

22 ‘‘(A) IN GENERAL.—Not later’’; and 

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

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

25 Notwithstanding section 3(1), for purposes of 


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1 subparagraph (A), the term ‘advanced nuclear 

2 reactor applicant’ does not include an applicant 

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

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

5 Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amend6 ed— 

7 (1) by striking the third sentence and inserting 

8 the following: 

9 ‘‘(3) LIMITATION ON UTILIZATION FACILI10 TIES.—The Commission may issue a license under 

11 this section for a utilization facility useful in the 

12 conduct of research and development activities of the 

13 types specified in section 31 if— 

14 ‘‘(A) not more than 75 percent of the an15 nual costs to the licensee of owning and oper16 ating the facility are devoted to the sale, other 

17 than for research and development or education 

18 and training, of— 

19 ‘‘(i) nonenergy services; 

20 ‘‘(ii) energy; or 

21 ‘‘(iii) a combination of nonenergy 

22 services and energy; and 

23 ‘‘(B) not more than 50 percent of the an24 nual costs to the licensee of owning and operVerDate Sep 11 2014 21:21 Dec 14, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6544.IH H6544

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1 ating the facility are devoted to the sale of en2 ergy.’’; 

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

4 Commission’’ and inserting the following: 

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

6 (3) by striking ‘‘C. The Commission’’ and in7 serting the following: 

8 ‘‘C. RESEARCH AND DEVELOPMENT ACTIVITIES. 

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

10 and (3), the Commission’’. 

11 SEC. 103. STRENGTHENING THE NRC WORKFORCE. 

12 (a) COMMISSION WORKFORCE.— 

13 (1) GENERAL AUTHORITY.—The Atomic En14 ergy Act of 1954 (42 U.S.C. 2011 et seq.) is amend15 ed by inserting after section 161A the following: 

16 ‘‘SEC. 161B. COMMISSION WORKFORCE. 

17 ‘‘(a) DIRECT HIRE AUTHORITY.— 

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

19 161 d. of this Act and section 2(b) of Reorganiza20 tion Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. 

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

22 (except sections 3303 and 3328), United States 

23 Code, governing appointments in the civil service, if 

24 the Chairman of the Nuclear Regulatory Commis25 sion (in this section referred to as the ‘Chairman’) 


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1 issues or renews a certification that there is a severe 

2 shortage of candidates or a critical hiring need for 

3 covered positions to carry out the Nuclear Regu4 latory Commission’s (in this section referred to as 

5 the ‘Commission’) responsibilities and activities in a 

6 timely, efficient, and effective manner, the Chairman 

7 may, during any period when such a certification is 

8 in effect— 

9 ‘‘(A) recruit and directly appoint highly 

10 qualified individuals into the excepted service 

11 for covered positions; and 

12 ‘‘(B) establish in the excepted service 

13 term-limited covered positions and recruit and 

14 directly appoint highly qualified individuals into 

15 such term-limited covered positions, which may 

16 not exceed a term of 4 years. 

17 ‘‘(2) LIMITATIONS.— 

18 ‘‘(A) MERIT PRINCIPLES.—To the max19 imum extent practicable, any action authorized 

20 pursuant to paragraph (1) shall be consistent 

21 with the merit principles of section 2301 of title 

22 5, United States Code. 

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

24 qualified individuals serving in— 


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1 ‘‘(i) covered positions pursuant to 

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

3 any one time; and 

4 ‘‘(ii) term-limited covered positions 

5 pursuant to paragraph (1)(B) may not ex6 ceed 80 at any one time. 

7 ‘‘(C) COMPENSATION.—The Chairman 

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

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

10 recruited and directly appointed into a covered 

11 position or a term-limited covered position at an 

12 annual rate of basic pay higher than the annual 

13 salary payable for level III of the Executive 

14 Schedule under section 5314 of title 5, United 

15 States Code. 

16 ‘‘(D) SENIOR EXECUTIVE SERVICE POSI17 TION.—The Chairman may not, under para18 graph (1)(A) or paragraph (1)(B), appoint 

19 highly qualified individuals to any Senior Exec20 utive Service position, as defined in section 

21 3132 of title 5, United States Code. 

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

23 certification issued or renewed under this subsection 

24 if the Chairman determines there is still a severe 

25 shortage of candidates or a critical hiring need for 


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1 covered positions to carry out the Commission’s re2 sponsibilities and activities in a timely, efficient, and 

3 effective manner. 

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

5 renewed under this subsection shall terminate on the 

6 earlier of— 

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

8 certification is renewed or issued; or 

9 ‘‘(B) the date on which the Chairman de10 termines there is no longer a severe shortage of 

11 candidates or a critical hiring need for covered 

12 positions to carry out the Commission’s respon13 sibilities and activities in a timely, efficient, and 

14 effective manner. 

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

16 practicable, in carrying out paragraph (1) the Chair17 man shall recruit and directly appoint highly quali18 fied individuals into the excepted service to entry, 

19 mid, and senior level covered positions, including 

20 term-limited covered positions. 

21 ‘‘(b) ADDRESSING INSUFFICIENT COMPENSATION OF

22 EMPLOYEES AND OTHER PERSONNEL OF THE COMMIS23 SION.— 

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

25 provision of law, if the Chairman issues or renews 


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1 a certification that compensation for employees or 

2 other personnel of the Commission serving in a cov3 ered position is insufficient to retain or attract such 

4 employees and other personnel to allow the Commis5 sion to carry out the responsibilities and activities of 

6 the Commission in a timely, efficient, and effective 

7 manner, the Chairman may, during any period when 

8 such a certification is in effect, fix the compensation 

9 for such employees or other personnel serving in a 

10 covered position without regard to any provision of 

11 title 5, United States Code, governing General 

12 Schedule classification and pay rates. 

13 ‘‘(2) CERTIFICATION REQUIREMENTS.—A cer14 tification issued or renewed under this subsection 

15 shall— 

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

17 who serve in covered positions; 

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

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

20 certification is issued or renewed; or 

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

22 determines that the use of the authority of 

23 the Chairman under this subsection to fix 

24 compensation for employees or other per25 sonnel serving in a covered position is no 


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1 longer necessary to retain or attract such 

2 employees and other personnel to allow the 

3 Commission to carry out the Commission’s 

4 responsibilities and activities in a timely, 

5 efficient, and effective manner; and 

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

7 achieve the objective of retaining or attracting 

8 employees and other personnel serving in a cov9 ered position to allow the Commission to carry 

10 out the Commission’s responsibilities and activi11 ties in a timely, efficient, and effective manner. 

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

13 certification issued or renewed under this subsection 

14 if the Chairman determines that use of the authority 

15 of the Chairman under this subsection to fix com16 pensation for employees or other personnel serving 

17 in a covered position is still necessary to retain or 

18 attract such employees or other personnel to allow 

19 the Commission to carry out the Commission’s re20 sponsibilities and activities in a timely, efficient, and 

21 effective manner. 

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

23 subsection to fix the compensation of employees or 

24 other personnel during any period when a certifi25 cation issued or renewed under paragraph (1) is in 


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1 effect shall apply with respect to an employee or 

2 other personnel serving in a covered position regard3 less of when the employee or other personnel was 

4 hired. 

5 ‘‘(5) RETENTION OF LEVEL OF FIXED COM6 PENSATION.—The termination of a certification 

7 issued or renewed under paragraph (1) shall not af8 fect the compensation of an employee or other per9 sonnel serving in a covered position whose com10 pensation was fixed by the Chairman in accordance 

11 with paragraph (1). 

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

13 Chairman may not use the authority under para14 graph (1) to fix the compensation of employees or 

15 other personnel at an annual rate of basic pay high16 er than the annual salary payable for level III of the 

17 Executive Schedule under section 5314 of title 5, 

18 United States Code. 

19 ‘‘(7) EXPERTS AND CONSULTANTS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Chairman may— 

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

23 consultants in accordance with section 

24 3109 of title 5, United States Code; 


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1 ‘‘(ii) compensate those experts and 

2 consultants for each day (including travel 

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

4 pay for level IV of the Executive Schedule 

5 under section 5315 of that title; and 

6 ‘‘(iii) pay to the experts and consult7 ants serving away from the homes or reg8 ular places of business of the experts and 

9 consultants travel expenses and per diem 

10 in lieu of subsistence at rates authorized 

11 by sections 5702 and 5703 of that title for 

12 persons in Government service employed 

13 intermittently. 

14 ‘‘(B) LIMITATIONS.—The Chairman 

15 shall— 

16 ‘‘(i) to the maximum extent prac17 ticable, limit the use of experts and con18 sultants pursuant to subparagraph (A); 

19 and 

20 ‘‘(ii) ensure that the employment con21 tract of each expert and consultant em22 ployed pursuant to subparagraph (A) is 

23 subject to renewal not less frequently than 

24 annually. 

25 ‘‘(c) ADDITIONAL COMPENSATION AUTHORITY.— 


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

2 may pay a person recruited and directly appointed 

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

4 amount not to exceed $25,000. 

5 ‘‘(2) FOR EXISTING EMPLOYEES.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), an employee or other personnel who 

8 the Chairman determines exhibited exceptional 

9 performance in a fiscal year may be paid a per10 formance bonus in an amount not to exceed the 

11 least of— 

12 ‘‘(i) $25,000; and 

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

14 is applicable for a calendar year under sec15 tion 5307(a)(1) of title 5, United States 

16 Code. 

17 ‘‘(B) LIMITATIONS.— 

18 ‘‘(i) SUBSEQUENT BONUSES.—Any 

19 person who receives a performance bonus 

20 under subparagraph (A) may not receive 

21 another performance bonus under that 

22 subparagraph for a period of 5 years there23 after. 

24 ‘‘(ii) HIRING BONUSES.—Any person 

25 who receives a 1-time hiring bonus under 


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1 paragraph (1) may not receive a perform2 ance bonus under subparagraph (A) unless 

3 more than one year has elapsed since the 

4 payment of such 1-time hiring bonus. 

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

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

7 after the date of enactment of this section, the 

8 Chairman shall develop and implement a plan to 

9 carry out this section. Before implementing such 

10 plan, the Chairman shall submit to the Committee 

11 on Energy and Commerce of the House of Rep12 resentatives, the Committee on Environment and 

13 Public Works of the Senate, and the Office of Per14 sonnel Management a report on the details of the 

15 plan. 

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

17 under paragraph (1) shall include— 

18 ‘‘(A) evidence and supporting documenta19 tion justifying the plan; and 

20 ‘‘(B) budgeting projections on costs and 

21 benefits resulting from the plan. 

22 ‘‘(3) CONSULTATION.—The Chairman may con23 sult with the Office of Personnel Management, the 

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1 troller General of the United States in developing 

2 the plan under paragraph (1). 

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

4 subject to the direction and supervision of the Chairman, 

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

6 the Executive Director for Operations of the Commission. 

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

8 COMPENSATION.— 

9 ‘‘(1) IN GENERAL.—The Commission shall in10 clude in its budget materials submitted in support of 

11 the budget of the President (submitted to Congress 

12 pursuant to section 1105 of title 31, United States 

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

14 of enactment of this section, information relating to 

15 hiring, vacancies, and compensation at the Commis16 sion. 

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

18 in paragraph (1) shall include— 

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

20 to hiring, vacancies, and compensation at the 

21 Commission; 

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

23 and attract employees or other personnel to 

24 serve in covered positions at the Commission; 

25 ‘‘(C) information that describes— 


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1 ‘‘(i) if a certification under subsection 

2 (a) was in effect at any point in the pre3 vious year, how the authority provided by 

4 that subsection is being used to address 

5 the hiring needs of the Commission; 

6 ‘‘(ii) the total number of highly quali7 fied individuals serving in— 

8 ‘‘(I) covered positions pursuant 

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

10 ‘‘(II) term-limited covered posi11 tions pursuant to subsection 

12 (a)(1)(B); 

13 ‘‘(iii) if a certification under sub14 section (b) was in effect at any point in the 

15 previous year, how the authority provided 

16 by that subsection is being used to address 

17 the hiring or retention needs of the Com18 mission; 

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

20 other personnel serving in a covered posi21 tion that have their compensation fixed 

22 pursuant to subsection (b); 

23 ‘‘(v) if a certification under subsection 

24 (a) or (b) was terminated or was not in ef25 fect at any point in the previous year, why 


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1 such a certification was terminated or was 

2 not in effect; 

3 ‘‘(vi) the attrition levels with respect 

4 to term-limited covered positions appointed 

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

6 number of individuals leaving a term-lim7 ited covered position before completion of 

8 the applicable term of service and the aver9 age length of service for such individuals 

10 as a percentage of the applicable term of 

11 service; and 

12 ‘‘(vii) the number of experts and con13 sultants retained under subsection (b)(7); 

14 and 

15 ‘‘(D) an assessment of— 

16 ‘‘(i) the current critical workforce 

17 needs of the Commission and any critical 

18 workforce needs that the Commission an19 ticipates in the next five years; and 

20 ‘‘(ii) additional skillsets that are or 

21 likely will be needed for the Commission to 

22 fulfill the licensing and oversight respon23 sibilities of the Commission. 

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

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


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1 or other personnel is responsible for conducting work of 

2 a scientific, technical, engineering, mathematical, legal, 

3 managerial, or otherwise highly specialized or skilled na4 ture.’’. 

5 (2) TABLE OF CONTENTS.—The table of con6 tents of the Atomic Energy Act of 1954 is amended 

7 by inserting after the item relating to section 161 

8 the following: 

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

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

9 (b) GOVERNMENT ACCOUNTABILITY OFFICE RE10 PORT.—Not later than September 30, 2032, the Comp11 troller General of the United States shall submit to the 

12 Committee on Energy and Commerce of the House of 

13 Representatives and the Committee on Environment and 

14 Public Works of the Senate a report that— 

15 (1) evaluates the extent to which the authorities 

16 provided under subsections (a), (b), and (c) of sec17 tion 161B of the Atomic Energy Act of 1954 (as 

18 added by this Act) have been utilized; 

19 (2) describes the role in which the highly quali20 fied individuals recruited and directly appointed pur21 suant to section 161B(a) of the Atomic Energy Act 

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

23 support the licensing of advanced nuclear reactors; 


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1 (3) assesses the effectiveness of the authorities 

2 provided under subsections (a), (b), and (c) of sec3 tion 161B of the Atomic Energy Act of 1954 (as 

4 added by this Act) in helping the Nuclear Regu5 latory Commission fulfill its mission; 

6 (4) makes recommendations to improve the Nu7 clear Regulatory Commission’s strategic workforce 

8 management; and 

9 (5) makes recommendations with respect to 

10 whether Congress should enhance, modify, or dis11 continue the authorities provided under subsections 

12 (a), (b), and (c) of section 161B of the Atomic En13 ergy Act of 1954 (as added by this Act). 

14 (c) ANNUAL SOLICITATION FOR NUCLEAR REGU15 LATOR APPRENTICESHIP NETWORK APPLICATIONS.—The 

16 Nuclear Regulatory Commission, on an annual basis, shall 

17 solicit applications for the Nuclear Regulator Apprentice18 ship Network. 

19 Subtitle B—Fee Reduction 

20 SEC. 111. ADVANCED REACTOR FEE REDUCTION. 

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

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

23 Public Law 115–439) is amended— 

24 (1) by redesignating paragraphs (2) through 

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


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1 (14), (15), (16), (17), (18), (19), and (20), respec2 tively; 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) ADVANCED NUCLEAR REACTOR APPLI6 CANT.—The term ‘advanced nuclear reactor appli7 cant’ means an entity that has submitted to the 

8 Commission an application for a license for an ad9 vanced nuclear reactor under the Atomic Energy Act 

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

11 (3) by inserting after paragraph (3) (as so re12 designated) the following: 

13 ‘‘(4) ADVANCED NUCLEAR REACTOR

14 PREAPPLICANT.—The term ‘advanced nuclear reac15 tor preapplicant’ means an entity that has submitted 

16 to the Commission a licensing project plan for the 

17 purposes of submitting a future application for a li18 cense for an advanced nuclear reactor under the 

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

20 seq.). 

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

22 support’ has the meaning given the term ‘agency 

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

24 170.3 of title 10, Code of Federal Regulations (or 

25 any successor regulation).’’; and 


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1 (4) by inserting after paragraph (11) (as so re2 designated) the following: 

3 ‘‘(12) MISSION-DIRECT PROGRAM SALARIES

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

5 salaries and benefits’ has the meaning given such 

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

7 Regulations (or any successor regulation). 

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

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

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

11 Code of Federal Regulations (or any successor regu12 lation).’’. 

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

14 of the Nuclear Energy Innovation and Modernization Act 

15 (42 U.S.C. 2215(b)(1)(B)) is amended by adding at the 

16 end the following: 

17 ‘‘(iv) The total costs of mission-indi18 rect program support and agency support 

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

20 be included in the professional hourly rate 

21 charged for fees assessed and collected 

22 from advanced nuclear reactor applicants. 

23 ‘‘(v) The total costs of mission-indi24 rect program support and agency support 

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


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1 be included in the professional hourly rate 

2 charged for fees assessed and collected 

3 from advanced nuclear reactor 

4 preapplicants.’’. 

5 (c) FEES FOR SERVICE OR THING OF VALUE.—Sec6 tion 102(b) of the Nuclear Energy Innovation and Mod7 ernization Act (42 U.S.C. 2215(b)) is amended by striking 

8 paragraph (2) and inserting the following: 

9 ‘‘(2) FEES FOR SERVICE OR THING OF

10 VALUE.— 

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

12 section 9701 of title 31, United States Code, 

13 the Commission shall assess and collect fees 

14 from any person who receives a service or thing 

15 of value from the Commission to cover the costs 

16 to the Commission of providing the service or 

17 thing of value. 

18 ‘‘(B) ADVANCED NUCLEAR REACTOR AP19 PLICANTS.—The professional hourly rate 

20 charged for fees assessed and collected from an 

21 advanced nuclear reactor applicant under this 

22 paragraph relating to the review of a submitted 

23 application for an advanced nuclear reactor may 

24 not— 


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1 ‘‘(i) exceed the professional hourly 

2 rate for mission-direct program salaries 

3 and benefits of the Nuclear Reactor Safety 

4 Program; and 

5 ‘‘(ii) include the costs of mission-indi6 rect program support and agency support. 

7 ‘‘(C) ADVANCED NUCLEAR REACTOR

8 PREAPPLICANTS.—The professional hourly rate 

9 charged for fees assessed and collected from an 

10 advanced nuclear reactor preapplicant under 

11 this paragraph relating to the review of sub12 mitted materials as described in the licensing 

13 project plan of such advanced nuclear reactor 

14 preapplicant may not— 

15 ‘‘(i) exceed the professional hourly 

16 rate for mission-direct program salaries 

17 and benefits of the Nuclear Reactor Safety 

18 Program; and 

19 ‘‘(ii) include the costs of mission-indi20 rect program support and agency support. 

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

22 this paragraph, the professional hourly rate for 

23 mission-direct program salaries and benefits of 

24 the Nuclear Reactor Safety Program equals the 

25 quotient obtained by dividing— 


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

2 (within the meaning of the document of 

3 the Commission entitled ‘FY 2023 Final 

4 Fee Rule Work Papers’ (or a successor 

5 document)) for mission-direct program sal6 aries and benefits of the Nuclear Reactor 

7 Safety Program (as determined by the 

8 Commission) for a fiscal year; by 

9 ‘‘(ii) the productive hours assumption 

10 for that fiscal year, determined in accord11 ance with the formula established in the 

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

13 successor document).’’. 

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

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

16 amended to read as follows: 

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

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

19 effective on September 30, 2029.’’. 

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

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

22 SEC. 112. ADVANCED NUCLEAR REACTOR PRIZE. 

23 Section 103 of the Nuclear Energy Innovation and 

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

25 is amended by adding at the end the following: 


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1 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI2 CENSING.— 

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

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

5 ‘‘(A) a non-Federal entity; and 

6 ‘‘(B) the Tennessee Valley Authority. 

7 ‘‘(2) PRIZE FOR ADVANCED NUCLEAR REACTOR

8 LICENSING.— 

9 ‘‘(A) IN GENERAL.—Notwithstanding sec10 tion 169 of the Atomic Energy Act of 1954 (42 

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

12 appropriations, the Secretary is authorized to 

13 make, with respect to each award category de14 scribed in subparagraph (C), an award in an 

15 amount described in subparagraph (B) to the 

16 first eligible entity— 

17 ‘‘(i) to which the Commission issues 

18 an operating license for an advanced nu19 clear reactor under part 50 of title 10, 

20 Code of Federal Regulations (or successor 

21 regulations), for which an application has 

22 not been approved by the Commission as 

23 of the date of enactment of this subsection; 

24 or 


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1 ‘‘(ii) for which the Commission makes 

2 a finding described in section 52.103(g) of 

3 title 10, Code of Federal Regulations (or 

4 successor regulations), with respect to a 

5 combined license for an advanced nuclear 

6 reactor— 

7 ‘‘(I) that is issued under subpart 

8 C of part 52 of that title (or successor 

9 regulations); and 

10 ‘‘(II) for which an application 

11 has not been approved by the Com12 mission as of the date of enactment of 

13 this subsection. 

14 ‘‘(B) AMOUNT OF AWARD.—Subject to 

15 paragraph (3), an award under subparagraph 

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

17 amount assessed by the Commission and col18 lected under section 102(b)(2) from the eligible 

19 entity receiving the award for costs relating to 

20 the issuance of the license described in that 

21 subparagraph, including, as applicable, costs re22 lating to the issuance of an associated construc23 tion permit described in section 50.23 of title 

24 10, Code of Federal Regulations (or successor 

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


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1 section 52.1 of that title (or successor regula2 tions)). 

3 ‘‘(C) AWARD CATEGORIES.—An award 

4 under subparagraph (A) may be made for— 

5 ‘‘(i) the first advanced nuclear reactor 

6 for which the Commission— 

7 ‘‘(I) issues a license in accord8 ance with clause (i) of subparagraph 

9 (A); or 

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

13 ‘‘(ii) an advanced nuclear reactor 

14 that— 

15 ‘‘(I) uses isotopes derived from 

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

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

19 depleted uranium as fuel for the ad20 vanced nuclear reactor; and 

21 ‘‘(II) is the first advanced nu22 clear reactor described in subclause 

23 (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 ‘‘(iii) an advanced nuclear reactor 

8 that— 

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

11 ‘‘(aa) that is composed of 2 

12 or more co-located or jointly op13 erated subsystems of energy gen14 eration, energy storage, or other 

15 technologies; 

16 ‘‘(bb) in which not fewer 

17 than 1 subsystem described in 

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

20 ‘‘(cc) the purpose of which 

21 is— 

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

24 the power and nonpower sec25 tors; and 


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

4 ‘‘(II) is the first advanced nu5 clear reactor described in subclause 

6 (I) for which the Commission— 

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

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

12 subparagraph; 

13 ‘‘(iv) an advanced reactor that— 

14 ‘‘(I) operates flexibly to generate 

15 electricity or high temperature process 

16 heat for nonelectric applications; and 

17 ‘‘(II) is the first advanced 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; and 


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1 ‘‘(v) the first advanced nuclear reactor 

2 for which the Commission grants approval 

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

6 ‘‘(3) FEDERAL FUNDING LIMITATION.— 

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

8 paragraph, the term ‘Federal funds’ does not 

9 include funds received under the power program 

10 of the Tennessee Valley Authority established 

11 pursuant to the Tennessee Valley Authority Act 

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

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

15 shall not exceed the total amount expended (ex16 cluding any expenditures made with Federal 

17 funds received for the applicable project and an 

18 amount equal to the minimum cost-share re19 quired under section 988 of the Energy Policy 

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

21 entity receiving the award for licensing costs re22 lating to the project for which the award is 

23 made. 

24 ‘‘(C) REPAYMENTS AND DIVIDENDS NOT

25 REQUIRED.—Notwithstanding section 


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1 9104(a)(4) of title 31, United States Code, or 

2 any other provision of law, an eligible entity 

3 that received an award under this subsection 

4 shall not be required— 

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

6 of that award; or 

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

8 other similar payment based on the sum of 

9 that award.’’. 

10 Subtitle C—Siting, Licensing, and 

11 Oversight Reviews 

12 SEC. 121. MODERNIZATION OF NUCLEAR REACTOR ENVI13 RONMENTAL REVIEWS. 

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

15 date of enactment of this Act, the Nuclear Regulatory 

16 Commission (in this section referred to as the ‘‘Commis17 sion’’) shall submit to the Committee on Environment and 

18 Public Works of the Senate and the Committee on Energy 

19 and Commerce of the House of Representatives a report 

20 on the efforts of the Commission to facilitate efficient, 

21 timely, and predictable environmental reviews of nuclear 

22 reactor applications, including through expanded use of 

23 categorical exclusions, environmental assessments, and ge24 neric environmental impact statements. 


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1 (b) REPORT.—In completing the report under sub2 section (a), the Commission shall— 

3 (1) describe the actions the Commission will 

4 take to implement the amendments to the National 

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

6 et seq.) made by section 321 of the Fiscal Responsi7 bility Act of 2023; 

8 (2) consider— 

9 (A) using through adoption, incorporation 

10 by reference, or other appropriate means, cat11 egorical exclusions, environmental assessments, 

12 and environmental impact statements prepared 

13 by other Federal agencies to streamline environ14 mental reviews of nuclear reactor applications 

15 by the Commission; 

16 (B) using categorical exclusions, environ17 mental assessments, and environmental impact 

18 statements prepared by the Commission to 

19 streamline environmental reviews of nuclear re20 actor applications by the Commission; 

21 (C) using mitigated findings of no signifi22 cant impact in environmental reviews of nuclear 

23 reactor applications by the Commission to re24 duce the impact of a proposed action to a level 

25 that is not significant; 


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1 (D) the extent to which the Commission 

2 may rely on prior studies or analyses prepared 

3 by Federal, State, and local governmental per4 mitting agencies to streamline environmental 

5 reviews of nuclear reactor applications by the 

6 Commission; 

7 (E) opportunities to coordinate the devel8 opment of environmental assessments and envi9 ronmental impact statements with other Fed10 eral agencies to avoid duplicative environmental 

11 reviews and to streamline environmental reviews 

12 of nuclear reactor applications by the Commis13 sion; 

14 (F) opportunities to streamline formal and 

15 informal consultations and coordination with 

16 other Federal, State, and local governmental 

17 permitting agencies during environmental re18 views of nuclear reactor applications by the 

19 Commission; 

20 (G) opportunities to streamline the Com21 mission’s analyses of alternatives, including the 

22 Commission’s analysis of alternative sites, in 

23 environmental reviews of nuclear reactor appli24 cations by the Commission; 


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1 (H) establishing new categorical exclusions 

2 that could be applied to actions relating to new 

3 nuclear reactors applications; 

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

5 Code of Federal Regulations, to allow the Com6 mission to determine on a case-specific basis 

7 whether an environmental assessment (rather 

8 than an environmental impact statement or 

9 supplemental environmental impact statement) 

10 is appropriate for a particular nuclear reactor 

11 application, including in proceedings in which 

12 the Commission relies upon a generic environ13 mental impact statement for advanced nuclear 

14 reactors; 

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

16 environmental impact statement as the Com17 mission’s draft environmental impact statement, 

18 consistent with section 107(f) of the National 

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

20 4336a(f)); 

21 (K) opportunities to adopt online and dig22 ital technologies, including technologies that 

23 would allow applicants and cooperating agencies 

24 to upload documents and coordinate with the 

25 Commission to edit documents in real time, 


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1 that would streamline communications be2 tween— 

3 (i) the Commission and applicants; 

4 and 

5 (ii) the Commission and other rel6 evant cooperating agencies; and 

7 (L) in addition to implementing measures 

8 under subsection (c), potential revisions to part 

9 51 of title 10, Code of Federal Regulations, and 

10 relevant Commission guidance documents, to— 

11 (i) facilitate efficient, timely, and pre12 dictable environmental reviews of nuclear 

13 reactor applications; 

14 (ii) assist decision making about rel15 evant environmental issues; 

16 (iii) maintain openness with the pub17 lic; 

18 (iv) meet obligations under the Na19 tional Environmental Policy Act of 1969 

20 (42 U.S.C. 4321 et seq.); and 

21 (v) reduce burdens on licensees, appli22 cants, and the Commission; and 

23 (3) include a schedule for promulgating the rule 

24 required under subsection (c). 


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

2 submission of the report under subsection (a), the Com3 mission shall promulgate a final rule implementing, to the 

4 maximum extent practicable, measures considered by the 

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

6 streamline the Commission’s review of nuclear reactor ap7 plications. 

8 SEC. 122. NUCLEAR FOR BROWNFIELD SITES. 

9 (a) DEFINITIONS.—In this section: 

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

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

12 of the Comprehensive Environmental Response, 

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

14 9601). 

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

16 means the Nuclear Regulatory Commission. 

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

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

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

20 brownfield site. 

21 (4) PRODUCTION FACILITY.—The term ‘‘pro22 duction facility’’ has the meaning given the term in 

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

24 U.S.C. 2014). 


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

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

3 fossil fuel electric generation facilities that are re4 tired or scheduled to retire, including multiunit fa5 cilities that are partially shut down. 

6 (6) UTILIZATION FACILITY.—The term ‘‘utiliza7 tion facility’’ has the meaning given the term in sec8 tion 11 of the Atomic Energy Act of 1954 (42 

9 U.S.C. 2014). 

10 (b) IDENTIFICATION OF REGULATORY ISSUES.— 

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

12 the date of enactment of this Act, the Commission 

13 shall evaluate the extent to which modification of 

14 regulations, guidance, or policy is needed to enable 

15 efficient, timely, and predictable licensing reviews 

16 for, and to support the oversight of, production fa17 cilities or utilization facilities at covered sites. 

18 (2) REQUIREMENT.—In carrying out paragraph 

19 (1), the Commission shall consider how licensing re20 views for production facilities or utilization facilities 

21 at covered sites may be expedited by— 

22 (A) siting and operating a production facil23 ity or a utilization facility at or near existing 

24 site infrastructure to support the reuse of such 

25 infrastructure, including— 


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1 (i) electric switchyard components and 

2 transmission infrastructure; 

3 (ii) heat-sink components; 

4 (iii) steam cycle components; 

5 (iv) roads; 

6 (v) railroad access; and 

7 (vi) water availability; 

8 (B) using early site permits; 

9 (C) using plant parameter envelopes or 

10 similar standardized site parameters on a por11 tion of a larger site; and 

12 (D) using a standardized application for 

13 similar sites. 

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

15 the date of enactment of this Act, the Commission 

16 shall submit to the appropriate committees of Con17 gress a report describing any regulations, guidance, 

18 and policies evaluated under paragraph (1). 

19 (c) LICENSING.— 

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

21 the date of enactment of this Act, the Commission 

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

23 (A) develop and implement strategies to 

24 enable efficient, timely, and predictable licens25 ing reviews for, and to support the oversight of, 


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1 production facilities or utilization facilities at 

2 covered sites; and 

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

5 for, and to support the oversight of, production 

6 facilities or utilization facilities at covered sites. 

7 (2) REQUIREMENTS.—In carrying out para8 graph (1), consistent with the mission of the Com9 mission, the Commission shall consider matters re10 lating to— 

11 (A) the use of existing site infrastructure; 

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

14 (C) the availability of historical site-spe15 cific environmental data; 

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

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

19 (E) activities associated with the potential 

20 decommissioning of facilities or decontamina21 tion and remediation at covered sites; and 

22 (F) community engagement and historical 

23 experience with energy production. 

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

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


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1 the Committee on Energy and Commerce of the House 

2 of Representatives and the Committee on Environment 

3 and Public Works of the Senate a report describing the 

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

5 SEC. 123. ADVANCEMENT OF NUCLEAR REGULATORY OVER6 SIGHT. 

7 (a) IMPLEMENTING LESSONS LEARNED FROM THE

8 COVID–19 HEALTH EMERGENCY.— 

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

10 after the date of enactment of this Act, the Commis11 sion shall submit to the appropriate committees of 

12 Congress a report on actions taken by the Commis13 sion during the public health emergency declared by 

14 the Secretary of Health and Human Services under 

15 section 319 of the Public Health Service Act (42 

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

17 COVID–19. 

18 (2) CONTENTS.—The report submitted under 

19 paragraph (1) shall— 

20 (A) identify any processes, procedures, and 

21 other regulatory policies that the Commission 

22 revised or temporarily suspended during the 

23 public health emergency described in paragraph 

24 (1); 


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1 (B) examine how any revision or tem2 porary suspension of a process, procedure, or 

3 other regulatory policy identified under sub4 paragraph (A) affected the ability of the Com5 mission to license and regulate the civilian use 

6 of radioactive materials in the United States to 

7 protect public health and safety, promote the 

8 common defense and security, and protect the 

9 environment; 

10 (C) discuss lessons learned from the mat11 ters described in subparagraph (B); 

12 (D) list actions that the Commission has 

13 taken or will take to incorporate into the licens14 ing and oversight activities of the Commission, 

15 without compromising the mission of the Com16 mission, the lessons described in subparagraph 

17 (C); and 

18 (E) describe when the actions listed under 

19 subparagraph (D) were implemented or may be 

20 implemented. 

21 (b) ADVANCING EFFICIENT, RISK-INFORMED OVER22 SIGHT AND INSPECTIONS.— 

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

24 the date of enactment of this Act, the Commission 

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1 tees of Congress a report that identifies specific im2 provements to the nuclear reactor and materials 

3 oversight and inspection programs carried out pur4 suant to the Atomic Energy Act of 1954 that the 

5 Commission may implement to maximize the effi6 ciency of such programs through, where appropriate, 

7 the use of risk-informed, performance-based proce8 dures, expanded incorporation of information tech9 nologies, and staff training. 

10 (2) STAKEHOLDER INPUT.—In developing the 

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

12 as appropriate, seek input from— 

13 (A) the Secretary of Energy; 

14 (B) the National Laboratories; 

15 (C) the nuclear energy industry; and 

16 (D) nongovernmental organizations that 

17 are related to nuclear energy. 

18 (3) CONTENTS.—The report submitted under 

19 paragraph (1) shall— 

20 (A) assess specific elements of oversight 

21 and inspections that may be modified by the 

22 use of technology, improved planning, and con23 tinually updated risk-informed, performance24 based assessment, including— 

25 (i) use of travel resources; 


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1 (ii) planning and preparation for in2 spections, including entrance and exit 

3 meetings with licensees; 

4 (iii) document collection and prepara5 tion, including consideration of whether 

6 nuclear reactor data are accessible prior to 

7 onsite visits or requests to the licensee and 

8 that document requests are timely and 

9 within the scope of inspections; 

10 (iv) the cross-cutting issues program; 

11 and 

12 (v) the scope of event reporting re13 quired by licensees to ensure decisions are 

14 risk-informed; 

15 (B) identify and assess measures to im16 prove oversight and inspections, including— 

17 (i) elimination of areas of duplicative 

18 or otherwise unnecessary activities; 

19 (ii) increased use of templates in doc20 umenting inspection results; and 

21 (iii) periodic training of Commission 

22 staff and leadership on the application of 

23 risk-informed criteria for— 

24 (I) inspection planning and as25 sessments; 


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1 (II) agency decision making proc2 esses on the application of regulations 

3 and guidance; and 

4 (III) the application of the Com5 mission’s standard of reasonable as6 surance of adequate protection; 

7 (C) assess measures to advance risk-in8 formed procedures, including— 

9 (i) increased use of inspection ap10 proaches that balance the level of resources 

11 commensurate with safety significance; 

12 (ii) increased review of the use of in13 spection program resources based on li14 censee performance; 

15 (iii) expansion of modern information 

16 technology, including artificial intelligence 

17 and machine learning to risk inform over18 sight and inspection decisions; and 

19 (iv) updating the Differing Profes20 sional Views or Opinions process to ensure 

21 any impacts on agency decisions and 

22 schedules are commensurate with the safe23 ty significance of the differing opinion; 

24 (D) assess the ability of the Commission, 

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1 able assurance of adequate protection of health 

2 and safety pursuant to the Atomic Energy Act 

3 of 1954, to enable licensee innovations that may 

4 advance nuclear reactor operational efficiency 

5 and safety, including the criteria of the Com6 mission for timely acceptance of licensee adop7 tion of advanced technologies, including digital 

8 technologies; 

9 (E) identify recommendations resulting 

10 from the assessments described in subpara11 graphs (A) through (D); 

12 (F) identify specific actions that the Com13 mission will take to incorporate into the train14 ing, inspection, oversight, and licensing activi15 ties, and regulations of the Commission, with16 out compromising the mission of the Commis17 sion, the recommendations identified under sub18 paragraph (E); and 

19 (G) describe when the actions identified 

20 under subparagraph (F) may be implemented. 

21 (c) OFFICE AND FACILITY SPACE REVIEW.— 

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

23 date of enactment of this Act, the Comptroller Gen24 eral of the United States shall— 


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1 (A) review office and other facility space 

2 requirements of the Commission; and 

3 (B) submit to the appropriate committees 

4 of Congress a report, with recommendations, on 

5 the results of such review. 

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

8 (A) an examination of— 

9 (i) the costs associated with the head10 quarters, regional offices, and technical 

11 training center of the Commission, includ12 ing examination of— 

13 (I) costs that do not support the 

14 Commission’s mission, including rent 

15 subsidies for other Federal agencies; 

16 and 

17 (II) opportunities to reduce fu18 ture costs through reduction in unnec19 essary office space, consolidation of 

20 offices, use of advanced information 

21 technology, or any other appropriate 

22 means; and 

23 (ii) current and anticipated office and 

24 facility requirements to efficiently accom25 plish the mission of the Commission; and 


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1 (B) recommendations to Congress, the 

2 Commission, and the General Services Adminis3 tration for actions that may assist in reducing 

4 office and facility costs to licensees and tax5 payers. 

6 (d) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE COMMITTEES OF CON8 GRESS.—The term ‘‘appropriate committees of Con9 gress’’ means the Committee on Energy and Com10 merce of the House of Representatives and the Com11 mittee on Environment and Public Works of the 

12 Senate. 

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

14 means the Nuclear Regulatory Commission. 

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

16 person that holds a license issued under section 103 

17 or section 104 of the Atomic Energy Act of 1954 

18 (42 U.S.C. 2133; 2134). 

19 TITLE II—NUCLEAR 

20 TECHNOLOGY DEPLOYMENT 

21 SEC. 201. ADVANCED NUCLEAR DEPLOYMENT. 

22 (a) ENABLING PREPARATIONS FOR ADVANCED NU23 CLEAR REACTOR DEMONSTRATIONS ON FEDERAL

24 SITES.— 


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

2 Nuclear Energy Innovation and Modernization Act 

3 (42 U.S.C. 2215(b)(1)(B)) is further amended by 

4 adding at the end the following: 

5 ‘‘(vi) Costs for— 

6 ‘‘(I) activities to review and ap7 prove or disapprove an application for 

8 an early site permit (as defined in sec9 tion 52.1 of title 10, Code of Federal 

10 Regulations (or any successor regula11 tion)) to demonstrate an advanced nu12 clear reactor on a Department of En13 ergy site or any site or installation 

14 that is critical national security infra15 structure (as defined in section 327(d) 

16 of the John S. McCain National De17 fense Authorization Act for Fiscal 

18 Year 2019); and 

19 ‘‘(II) pre-application activities re20 lating to an early site permit (as so 

21 defined) to demonstrate an advanced 

22 nuclear reactor on a Department of 

23 Energy site or any site or installation 

24 that is critical national security infra25 structure (as defined in section 327(d) 


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1 of the John S. McCain National De2 fense Authorization Act for Fiscal 

3 Year 2019).’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

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

6 2024. 

7 (b) REGULATORY REQUIREMENTS FOR MICRO-REAC8 TORS.— 

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

10 Regulatory Commission (in this subsection referred 

11 to as the ‘‘Commission’’) shall— 

12 (A) not later than 18 months after the 

13 date of enactment of this Act, develop risk-in14 formed and performance-based strategies and 

15 guidance to license and regulate micro-reactors 

16 pursuant to section 103 of the Atomic Energy 

17 Act of 1954 (42 U.S.C. 2133), including strate18 gies and guidance for— 

19 (i) staffing and operations; 

20 (ii) oversight and inspections; 

21 (iii) safeguards and security; 

22 (iv) emergency preparedness; 

23 (v) risk analysis methods, including 

24 alternatives to probabilistic risk assess25 ments; 


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1 (vi) decommissioning funding assur2 ance methods that permit the use of 

3 design- and site-specific cost estimates; 

4 (vii) the transportation of fueled 

5 micro-reactors; and 

6 (viii) siting, including in relation to— 

7 (I) the population density cri8 terion limit described in the policy 

9 issue paper on population-related 

10 siting considerations for advanced re11 actors dated May 8, 2020, and num12 bered SECY–20–0045; 

13 (II) licensing mobile deployment; 

14 and 

15 (III) environmental reviews; and 

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

17 of enactment of this Act, implement, as appro18 priate, the strategies and guidance developed 

19 under subparagraph (A)— 

20 (i) within the existing regulatory 

21 framework; 

22 (ii) through the technology-inclusive, 

23 regulatory framework to be established 

24 under section 103(a)(4) of the Nuclear En25 ergy Innovation and Modernization Act (42 


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1 U.S.C. 2133 note; Public Law 115–439); 

2 or 

3 (iii) through a pending or new rule4 making. 

5 (2) CONSIDERATIONS.—In developing and im6 plementing strategies and guidance under paragraph 

7 (1), the Commission shall consider— 

8 (A) the unique characteristics of micro-re9 actors, including characteristics relating to— 

10 (i) physical size; 

11 (ii) design simplicity; and 

12 (iii) source term; 

13 (B) opportunities to address redundancies 

14 and inefficiencies; 

15 (C) opportunities to consolidate review 

16 phases and reduce transitions between review 

17 teams; 

18 (D) opportunities to establish integrated 

19 review teams to ensure continuity throughout 

20 the review process; and 

21 (E) other relevant considerations discussed 

22 in the policy issue paper on policy and licensing 

23 considerations related to micro-reactors dated 

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

25 0093. 


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1 (3) CONSULTATION.—In carrying out para2 graph (1), the Commission shall consult with— 

3 (A) the Secretary of Energy; 

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

5 appropriate; 

6 (C) micro-reactor technology developers; 

7 and 

8 (D) other stakeholders. 

9 (c) EXPEDITED SUBSEQUENT COMBINED LI10 CENSES.— 

11 (1) IN GENERAL.—In accordance with this sub12 section, the Nuclear Regulatory Commission (re13 ferred to in this subsection as the ‘‘Commission’’) 

14 shall establish and carry out an expedited procedure 

15 for issuing a combined license pursuant to section 

16 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 

17 2235). 

18 (2) QUALIFICATIONS.—To qualify for the expe19 dited procedure under paragraph (1), an applicant— 

20 (A) shall submit a combined license appli21 cation for a new nuclear reactor based off a 

22 previously licensed design; 

23 (B) shall propose to construct the new nu24 clear reactor on or adjacent to a site on which 


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1 a nuclear reactor already operates or previously 

2 operated; and 

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

4 Commission to suspend or revoke a license 

5 under section 2.202 of title 10, Code of Federal 

6 Regulations (or any successor regulation). 

7 (3) EXPEDITED PROCEDURE.—With respect to 

8 a combined license for which the applicant has satis9 fied the requirements described in paragraph (2), 

10 the Commission shall, to the maximum extent prac11 ticable— 

12 (A) not later than 1 year after the applica13 tion is accepted for docketing, issue a draft en14 vironmental impact statement; 

15 (B) not later than 18 months after the ap16 plication is accepted for docketing— 

17 (i) complete the technical review proc18 ess; and 

19 (ii) issue a safety evaluation report 

20 and final environmental impact statement; 

21 (C) not later than 2 years after the appli22 cation is accepted for docketing, complete any 

23 necessary public licensing hearings and related 

24 processes; and 


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1 (D) not later than 25 months after the ap2 plication is accepted for docketing, make a final 

3 decision on whether to issue the combined li4 cense. 

5 (4) PERFORMANCE AND REPORTING.— 

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

7 30 days after the applicable deadline, the Exec8 utive Director for Operations of the Commis9 sion shall inform the Commission of any failure 

10 to meet a deadline under paragraph (3). 

11 (B) DELAYS IN ISSUANCE EXCEEDING 90

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

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

14 applicable date required under such paragraph, 

15 the Commission shall submit to the Committee 

16 on Environment and Public Works of the Sen17 ate and the Committee on Energy and Com18 merce of the House of Representatives a report 

19 describing the delay, including a detailed expla20 nation accounting for the delay and a plan for 

21 completion of the applicable action. 

22 (d) PILOT PROGRAM FOR NUCLEAR POWER PUR23 CHASE AGREEMENTS.— 

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

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


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1 Stat. 782) is amended by adding at the end the fol2 lowing: 

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

4 AGREEMENT PILOT PROGRAM. 

5 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab6 lish a pilot program under which the Secretary shall enter 

7 into at least one long-term power purchase agreement for 

8 power generated by a commercial nuclear reactor with re9 spect to which an operating license is issued by the Nu10 clear Regulatory Commission after January 1, 2024. 

11 ‘‘(b) REQUIREMENTS.—In establishing the pilot pro12 gram under this section, the Secretary shall— 

13 ‘‘(1) consult with the heads of other Federal de14 partments and agencies that may benefit from pur15 chasing nuclear power for a period of longer than 10 

16 years, including the Secretary of Defense; and 

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

18 into at least one long-term agreement to purchase 

19 power from a commercial nuclear reactor described 

20 in subsection (a). 

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

22 other provision of law, an agreement entered into pursuant 

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

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

25 years and not more than 40 years. 


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

2 Secretary shall prioritize entering into long-term power 

3 purchase agreements for power generated by first-of-a4 kind or early deployment commercial nuclear reactors that 

5 will provide reliable and resilient power— 

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

7 purposes; or 

8 ‘‘(2) for other purposes that the Secretary de9 termines are in the national interest, including for 

10 remote off-grid scenarios or grid-connected scenarios 

11 that provide capabilities commonly known as 

12 ‘islanding power capabilities’ during an emergency. 

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

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

15 is higher than the average market rate, unless the agree16 ment is for power generated by a commercial nuclear reac17 tor described in subsection (d).’’. 

18 (2) TABLE OF CONTENTS.—The table of con19 tents of the Energy Policy Act of 2005 (Public Law 

20 109–58; 119 Stat. 594) is amended by inserting 

21 after the item relating to section 639 the following: 

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

22 SEC. 202. GLOBAL NUCLEAR COOPERATION. 

23 (a) GLOBAL NUCLEAR ENERGY ASSESSMENT

24 STUDY.— 


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

2 after the date of enactment of this Act, the Sec3 retary of Energy, in consultation with the Secretary 

4 of State, the Secretary of Commerce, the Adminis5 trator of the Environmental Protection Agency, and 

6 the Commission, shall conduct a study on the global 

7 status of— 

8 (A) the civilian nuclear energy industry; 

9 and 

10 (B) the supply chains of the civilian nu11 clear energy industry. 

12 (2) CONTENTS.—The study conducted under 

13 paragraph (1) shall include— 

14 (A) information on the status of the civil15 ian nuclear energy industry, the long-term risks 

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

17 (B) information on how the use of the ci18 vilian nuclear energy industry, relative to other 

19 types of energy industries, can reduce the emis20 sion of criteria pollutants and carbon dioxide; 

21 (C) information on the role the United 

22 States civilian nuclear energy industry plays in 

23 United States foreign policy; 

24 (D) information on the importance of the 

25 United States civilian nuclear energy industry 


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1 to countries that are allied to the United 

2 States; 

3 (E) information on how the United States 

4 may collaborate with such countries in devel5 oping, deploying, and investing in nuclear tech6 nology; 

7 (F) information on how foreign countries 

8 use nuclear energy when crafting and imple9 menting their own foreign policy, including such 

10 use by foreign countries that are strategic com11 petitors; 

12 (G) an evaluation of how nuclear non13 proliferation and security efforts and nuclear 

14 energy safety are affected by the involvement of 

15 the United States in— 

16 (i) international markets; and 

17 (ii) setting civilian nuclear energy in18 dustry standards; 

19 (H) an evaluation of how industries in the 

20 United States, other than the civilian nuclear 

21 energy industry, benefit from the generation of 

22 electricity by nuclear power plants; 

23 (I) information on utilities and companies 

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1 vilian nuclear energy supply chain, including, 

2 with respect to such utilities and companies— 

3 (i) financial challenges; 

4 (ii) nuclear liability issues; 

5 (iii) foreign strategic competition; and 

6 (iv) risks to continued operation; and 

7 (J) recommendations for how the United 

8 States may— 

9 (i) develop a national strategy to in10 crease the role nuclear energy plays in di11 plomacy and strategic energy policy; 

12 (ii) develop a strategy to mitigate for13 eign competitor’s utilization of their civil14 ian nuclear energy industries in diplomacy; 

15 (iii) align its nuclear energy policy 

16 with national security objectives; and 

17 (iv) remove regulatory barriers to the 

18 development of the United States civilian 

19 nuclear energy supply chain. 

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

21 months after the study is conducted under para22 graph (1), the Secretary of Energy shall submit to 

23 the appropriate committees of Congress a report, in24 cluding a classified annex as necessary, on the re25 sults of such study. 


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

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

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

4 Energy, in consultation with the Secretary of State 

5 and the Commission, shall develop and carry out a 

6 program under which the Secretary of Energy shall 

7 train foreign nuclear energy experts and standardize 

8 practices. 

9 (2) REQUIREMENTS.—In carrying out the pro10 gram developed under paragraph (1), the Secretary 

11 of Energy shall— 

12 (A) issue guidance for best safety practices 

13 in the global civilian nuclear energy industry 

14 based on practices established in the United 

15 States; 

16 (B) train foreign nuclear energy experts on 

17 the operation and safety and security practices 

18 used by the United States civilian nuclear en19 ergy industry; 

20 (C) review global supply chain risks for 

21 foreign civilian nuclear energy industries; 

22 (D) identify weaknesses and concerns 

23 found in foreign civilian nuclear energy indus24 tries; and 


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1 (E) establish partnerships with foreign 

2 countries that have developed or are developing 

3 civilian nuclear energy industries. 

4 (3) FOREIGN NUCLEAR ENERGY EXPERT.—In 

5 this subsection, the term ‘‘foreign nuclear energy ex6 pert’’ does not include a person who is from a coun7 try— 

8 (A) in which intellectual property theft is 

9 legal; 

10 (B) that takes actions to undermine the ci11 vilian nuclear energy industry or other critical 

12 industries of the United States; or 

13 (C) which the Secretary of Energy deter14 mines is inimical to the interest of the United 

15 States. 

16 (c) INTERNATIONAL NUCLEAR REACTOR EXPORT

17 AND INNOVATION ACTIVITIES.— 

18 (1) COORDINATION.—The Commission shall— 

19 (A) coordinate all work of the Commission 

20 relating to— 

21 (i) issuing a license for the import or 

22 export of a nuclear reactor under section 

23 103 of the Atomic Energy Act of 1954 (42 

24 U.S.C. 2133); and 


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1 (ii) international regulatory coopera2 tion and assistance relating to nuclear re3 actors; and 

4 (B) support— 

5 (i) the consideration of international 

6 technical standards to assist the design, li7 censing, and construction of advanced nu8 clear systems; 

9 (ii) efforts to help build competent nu10 clear regulatory organizations and legal 

11 frameworks in foreign countries that are 

12 seeking to develop civilian nuclear energy 

13 industries; and 

14 (iii) exchange programs and training 

15 provided in coordination with the Secretary 

16 of State to foreign countries relating to ci17 vilian nuclear energy industry regulation 

18 and oversight to improve nuclear tech19 nology licensing. 

20 (2) CONSULTATION.—In supporting exchange 

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

22 the Commission shall consult with— 

23 (A) the Secretary of Energy; 

24 (B) the Secretary of State; 

25 (C) the National Laboratories; 


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1 (D) the private sector; and 

2 (E) institutions of higher education. 

3 (3) NUCLEAR REACTOR EXPORT AND INNOVA4 TION BRANCH.—The Commission may establish 

5 within the Office of International Programs of the 

6 Commission a branch, to be known as the ‘‘Inter7 national Nuclear Reactor Export and Innovation 

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

9 innovation activities described in paragraph (1) as 

10 the Commission determines appropriate. 

11 (4) EXCLUSION OF INTERNATIONAL ACTIVITIES

12 FROM THE FEE BASE.— 

13 (A) IN GENERAL.—Section 102 of the Nu14 clear Energy Innovation and Modernization Act 

15 (42 U.S.C. 2215) is amended— 

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

17 end the following: 

18 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX19 PORT AND INNOVATION ACTIVITIES.—The Commis20 sion shall identify in the annual budget justification 

21 international nuclear reactor export and innovation 

22 activities described in section 202(c)(1) of the Atom23 ic Energy Advancement Act.’’; and 

24 (ii) in subsection (b)(1)(B), by adding 

25 at the end the following: 


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1 ‘‘(vii) Costs for international nuclear 

2 reactor export and innovation activities de3 scribed in section 202(c)(1) of the Atomic 

4 Energy Advancement Act.’’. 

5 (B) EFFECTIVE DATE.—The amendments 

6 made by subparagraph (A) shall take effect on 

7 October 1, 2024. 

8 (d) DENIAL OF CERTAIN DOMESTIC LICENSES FOR

9 NATIONAL SECURITY PURPOSES.— 

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

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

12 uranium that is fabricated into fuel assemblies for 

13 nuclear reactors by an entity that— 

14 (A) is owned or controlled by the Govern15 ment of the Russian Federation or the Govern16 ment of the People’s Republic of China; or 

17 (B) is organized under the laws of, or oth18 erwise subject to the jurisdiction of, the Rus19 sian Federation or the People’s Republic of 

20 China. 

21 (2) PROHIBITION ON UNLICENSED POSSESSION

22 OR OWNERSHIP OF COVERED FUEL.—Unless specifi23 cally authorized by the Commission in a license 

24 issued under section 53 of the Atomic Energy Act 

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


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1 jurisdiction of the Commission may possess or own 

2 covered fuel. 

3 (3) LICENSE TO POSSESS OR OWN COVERED

4 FUEL.— 

5 (A) CONSULTATION REQUIRED PRIOR TO

6 ISSUANCE.—The Commission shall not issue a 

7 license to possess or own covered fuel under 

8 section 53 of the Atomic Energy Act of 1954 

9 (42 U.S.C. 2073) unless the Commission has 

10 first consulted with the Secretary of Energy 

11 and the Secretary of State before issuing the li12 cense. 

13 (B) PROHIBITION ON ISSUANCE OF LI14 CENSE.— 

15 (i) IN GENERAL.—Subject to clause 

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

17 fuel shall not be issued if the Secretary of 

18 Energy and the Secretary of State make 

19 the determination described in clause (ii). 

20 (ii) DETERMINATION.— 

21 (I) IN GENERAL.—The deter22 mination referred to in clause (i) is a 

23 determination that possession or own24 ership, as applicable, of covered fuel 

25 poses a threat to the national security 


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1 of the United States that adversely 

2 impacts the physical and economic se3 curity of the United States. 

4 (II) JOINT DETERMINATION.—A 

5 determination described in subclause 

6 (I) shall be jointly made by the Sec7 retary of Energy and the Secretary of 

8 State. 

9 (III) TIMELINE.— 

10 (aa) NOTICE OF APPLICA11 TION.—Not later than 30 days 

12 after the date on which the Com13 mission receives an application 

14 for a license to possess or own 

15 covered fuel, the Commission 

16 shall notify the Secretary of En17 ergy and the Secretary of State 

18 of the application. 

19 (bb) DETERMINATION.—The 

20 Secretary of Energy and the Sec21 retary of State shall have a pe22 riod of 180 days, beginning on 

23 the date on which the Commis24 sion notifies the Secretary of En25 ergy and the Secretary of State 


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1 under item (aa) of an application 

2 for a license to possess or own 

3 covered fuel, in which to make 

4 the determination described in 

5 subclause (I). 

6 (cc) COMMISSION NOTIFICA7 TION.—On making the deter8 mination described in subclause 

9 (I), the Secretary of Energy and 

10 the Secretary of State shall im11 mediately notify the Commission. 

12 (dd) CONGRESSIONAL NOTI13 FICATION.—Not later than 30 

14 days after the date on which the 

15 Secretary of Energy and the Sec16 retary of State notify the Com17 mission under item (cc), the 

18 Commission shall notify the ap19 propriate committees of Congress 

20 of the determination. 

21 (ee) PUBLIC NOTICE.—Not 

22 later than 15 days after the date 

23 on which the Commission notifies 

24 Congress under item (dd) of a 

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1 clause (I), the Commission shall 

2 make that determination publicly 

3 available. 

4 (iii) EFFECT OF NO DETERMINA5 TION.—The prohibition described in clause 

6 (i) shall not apply if the Secretary of En7 ergy and the Secretary of State do not 

8 make the determination described in clause 

9 (ii) by the date described in subclause 

10 (III)(bb) of that clause. 

11 (e) DEFINITIONS.—In this section: 

12 (1) APPROPRIATE COMMITTEES OF CON13 GRESS.—The term ‘‘appropriate committees of Con14 gress’’ means each of the following: 

15 (A) The Committee on Energy and Com16 merce of the House of Representatives. 

17 (B) The Committee on Foreign Affairs of 

18 the House of Representatives. 

19 (C) The Committee on Environment and 

20 Public Works of the Senate. 

21 (D) The Committee on Energy and Nat22 ural Resources of the Senate. 

23 (E) The Committee on Foreign Relations 

24 of the Senate. 


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

2 means the Nuclear Regulatory Commission. 

3 SEC. 203. AMERICAN NUCLEAR COMPETITIVENESS. 

4 (a) PROCESS FOR REVIEW AND AMENDMENT OF

5 PART 810 GENERALLY AUTHORIZED DESTINATIONS.— 

6 (1) IDENTIFICATION AND EVALUATION OF FAC7 TORS.—Not later than 90 days after the date of en8 actment of this Act, the Secretary of Energy, with 

9 the concurrence of the Secretary of State, shall iden10 tify and evaluate factors, other than agreements for 

11 cooperation entered into in accordance with section 

12 123 of the Atomic Energy Act of 1954 (42 U.S.C. 

13 2153), that may be used to determine a country’s 

14 generally authorized destination status under part 

15 810 of title 10, Code of Federal Regulations, and to 

16 list such country as a generally authorized destina17 tion in Appendix A to part 810 of title 10, Code of 

18 Federal Regulations. 

19 (2) PROCESS UPDATE.—The Secretary of En20 ergy shall review and, as appropriate, update the 

21 Department of Energy’s process for determining a 

22 country’s generally authorized destination status 

23 under part 810 of title 10, Code of Federal Regula24 tions, and for listing such country as a generally au25 thorized destination in Appendix A to part 810 of 


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1 title 10, Code of Federal Regulations, taking into 

2 consideration, and, as appropriate, incorporating 

3 factors identified and evaluated under paragraph 

4 (1). 

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

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

7 least once every 5 years thereafter, the Secretary of 

8 Energy shall, in accordance with any process up9 dated pursuant to this subsection, review the list in 

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

11 Regulations, and amend such list as appropriate. 

12 (b) LICENSING DOMESTIC NUCLEAR PROJECTS IN

13 WHICH UNITED STATES ALLIES INVEST.— 

14 (1) IN GENERAL.—The prohibitions against 

15 issuing certain licenses for utilization facilities to 

16 certain aliens, corporations, and other entities de17 scribed in the second sentence of section 103 d. of 

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

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

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

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

22 Nuclear Regulatory Commission determines that 

23 issuance of the applicable license to that entity is 

24 not inimical to— 

25 (A) the common defense and security; or 


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

2 (2) ENTITIES DESCRIBED.— 

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

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

5 entity that is owned, controlled, or dominated 

6 by— 

7 (i) the government of— 

8 (I) a country, other than a coun9 try described in subparagraph (B), 

10 that is a member of the Organization 

11 for Economic Co-operation and Devel12 opment on the date of enactment of 

13 this Act; or 

14 (II) the Republic of India; 

15 (ii) a corporation that is incorporated 

16 in a country described in subclause (I) or 

17 (II) of clause (i); or 

18 (iii) an alien who is a citizen or na19 tional of a country described in subclause 

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

21 (B) EXCLUSION.—A country described in 

22 this subparagraph is a country— 

23 (i) any department, agency, or instru24 mentality of the government of which, on 

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1 ject to sanctions under section 231 of the 

2 Countering America’s Adversaries Through 

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

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

5 which, as of the date of enactment of this 

6 Act, is included on the List of Specially 

7 Designated Nationals and Blocked Persons 

8 maintained by the Office of Foreign Assets 

9 Control of the Department of the Treasury 

10 pursuant to sanctions imposed under sec11 tion 231 of the Countering America’s Ad12 versaries Through Sanctions Act (22 

13 U.S.C. 9525). 

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

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

16 2133(d)) is amended, in the second sentence, by 

17 striking ‘‘any any’’ and inserting ‘‘any’’. 

18 (4) SAVINGS CLAUSE.—Nothing in this sub19 section affects the requirements of section 721 of 

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

21 4565). 

22 (c) LICENSING CONSIDERATIONS RELATING TO USE

23 OF NUCLEAR ENERGY FOR NONELECTRIC APPLICA24 TIONS.— 


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

2 the date of enactment of this Act, the Nuclear Regu3 latory Commission (in this subsection referred to as 

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

5 on Energy and Commerce of the House of Rep6 resentatives and the Committee on Environment and 

7 Public Works of the Senate a report addressing any 

8 unique licensing issues or requirements relating to— 

9 (A) the flexible operation of advanced nu10 clear reactors, such as ramping power output 

11 and switching between electricity generation 

12 and nonelectric applications; 

13 (B) the use of advanced nuclear reactors 

14 exclusively for nonelectric applications; and 

15 (C) the collocation of advanced nuclear re16 actors with industrial plants or other facilities. 

17 (2) STAKEHOLDER INPUT.—In developing the 

18 report under paragraph (1), the Commission shall 

19 seek input from— 

20 (A) the Secretary of Energy; 

21 (B) the nuclear energy industry; 

22 (C) technology developers; 

23 (D) the industrial, chemical, and medical 

24 sectors; 

25 (E) nongovernmental organizations; and 


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1 (F) other public stakeholders. 

2 (3) CONTENTS.—The report under paragraph 

3 (1) shall describe— 

4 (A) any unique licensing issues or require5 ments relating to the matters described in sub6 paragraphs (A) through (C) of paragraph (1), 

7 including, with respect to the nonelectric appli8 cations referred to in subparagraphs (A) and 

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

10 requirements relating to the use of nuclear en11 ergy— 

12 (i) for hydrogen or other liquid and 

13 gaseous fuel or chemical production; 

14 (ii) for water desalination and waste15 water treatment; 

16 (iii) for heat used in industrial proc17 esses; 

18 (iv) for district heating; 

19 (v) in relation to energy storage; 

20 (vi) for industrial or medical isotope 

21 production; and 

22 (vii) other applications, as identified 

23 by the Commission; 

24 (B) options for addressing such issues or 

25 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) of the Nuclear En6 ergy Innovation and Modernization Act (42 

7 U.S.C. 2133 note; Public Law 115–439); 

8 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 

25 of Representatives and the Committee on EnvironVerDate Sep 11 2014 21:21 Dec 14, 2023 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H6544.IH H6544

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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. 

Æ 


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