II 

Calendar No. 118 

118TH CONGRESS 

1ST SESSION S. 1111 

To enhance United States civil nuclear leadership, support the licensing of 

advanced nuclear technologies, strengthen the domestic nuclear energy 

fuel cycle and supply chain, and improve the regulation of nuclear energy, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2023 

Mrs. CAPITO (for herself, Mr. WHITEHOUSE, Mr. BARRASSO, Mr. CARPER, 

Mr. CRAPO, Mr. BOOKER, Mr. GRAHAM, Mr. KELLY, Mr. RISCH, Mr. 

HEINRICH, Mr. CARDIN, Ms. SINEMA, Ms. LUMMIS, Mr. RICKETTS, Mr. 

COONS, Mr. WARNER, Mrs. GILLIBRAND, Mr. MANCHIN, Mr. CRAMER, 

and Mr. WICKER) introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

JULY 10, 2023 

Reported by Mr. CARPER, with an amendment 

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

A BILL 

To enhance United States civil nuclear leadership, support 

the licensing of advanced nuclear technologies, strengthen 

the domestic nuclear energy fuel cycle and supply chain, 

and improve the regulation of nuclear energy, and for 

other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Accelerating Deployment of Versatile, Advanced Nuclear 

6 for Clean Energy Act of 2023’’ or the ‘‘ADVANCE Act 

7 of 2023’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—AMERICAN NUCLEAR LEADERSHIP 

Sec. 101. International nuclear reactor export and innovation activities. 

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

Sec. 103. Export license requirements. 

Sec. 104. Coordinated international engagement. 

TITLE II—DEVELOPING AND DEPLOYING NEW NUCLEAR 

TECHNOLOGIES 

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

Sec. 202. Advanced nuclear reactor prizes. 

Sec. 203. Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications. 

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

Sec. 205. Clarification on fusion regulation. 

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

Sec. 207. Appalachian Regional Commission nuclear energy development. 

TITLE III—PRESERVING EXISTING NUCLEAR ENERGY 

GENERATION 

Sec. 301. Investment by allies. 

Sec. 302. Extension of the Price-Anderson Act. 

TITLE IV—NUCLEAR FUEL CYCLE, SUPPLY CHAIN, 

INFRASTRUCTURE, AND WORKFORCE 

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

nuclear energy applications. 

Sec. 402. Nuclear energy traineeship. 


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Sec. 403. Report on Commission readiness and capacity to license additional 

conversion and enrichment capacity to reduce reliance on uranium from Russia. 

Sec. 404. Annual report on the spent nuclear fuel and high-level radioactive 

waste inventory in the United States. 

Sec. 405. Authorization of appropriations for superfund actions at abandoned 

mining sites on Tribal land. 

Sec. 406. Development, qualification, and licensing of advanced nuclear fuel 

concepts. 

TITLE V—IMPROVING COMMISSION EFFICIENCY 

Sec. 501. Commission workforce. 

Sec. 502. Commission corporate support funding. 

Sec. 503. Performance and reporting update. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Nuclear closure communities. 

Sec. 602. Technical correction. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ACCIDENT TOLERANT FUEL.—The term 

4 ‘‘accident tolerant fuel’’ has the meaning given the 

5 term in section 107(a) of the Nuclear Energy Inno6 vation and Modernization Act (Public Law 115–439; 

7 132 Stat. 5577). 

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

11 (3) ADVANCED NUCLEAR FUEL.—The term 

12 ‘‘advanced nuclear fuel’’ means— 

13 (A) advanced nuclear reactor fuel; and 

14 (B) accident tolerant fuel. 

15 (4) ADVANCED NUCLEAR REACTOR.—The term 

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


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1 the term in section 3 of the Nuclear Energy Innova2 tion and Modernization Act (42 U.S.C. 2215 note; 

3 Public Law 115–439). 

4 (5) ADVANCED NUCLEAR REACTOR FUEL.—The 

5 term ‘‘advanced nuclear reactor fuel’’ has the mean6 ing given the term in section 3 of the Nuclear En7 ergy Innovation and Modernization Act (42 U.S.C. 

8 2215 note; Public Law 115–439). 

9 (6) APPROPRIATE COMMITTEES OF

10 CONGRESS.—The term ‘‘appropriate committees of 

11 Congress’’ means— 

12 (A) the Committee on Environment and 

13 Public Works of the Senate; and 

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

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

17 means the Nuclear Regulatory Commission. 

18 (8) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘‘institution of higher education’’ has the 

20 meaning given the term in section 101(a) of the 

21 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

22 (9) NATIONAL LABORATORY.—The term ‘‘Na23 tional Laboratory’’ has the meaning given the term 

24 in section 2 of the Energy Policy Act of 2005 (42 

25 U.S.C. 15801). 


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1 TITLE I—AMERICAN NUCLEAR 

2 LEADERSHIP 

3 SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 

4 AND INNOVATION ACTIVITIES. 

5 (a) COORDINATION.— 

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

7 (A) coordinate all work of the Commission 

8 relating to— 

9 (i) nuclear reactor import and export 

10 licensing; and 

11 (ii) international regulatory coopera12 tion and assistance relating to nuclear re13 actors, including with countries that are 

14 members of the Organisation for Economic 

15 Co-operation and Development; and 

16 (B) support interagency and international 

17 coordination with respect to— 

18 (i) the consideration of international 

19 technical standards to establish the licens20 ing and regulatory basis to assist the de21 sign, construction, and operation of nu22 clear systems; 

23 (ii) efforts to help build competent nu24 clear regulatory organizations and legal 


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1 frameworks in countries seeking to develop 

2 nuclear power; and 

3 (iii) exchange programs and training 

4 provided to other countries relating to nu5 clear regulation and oversight to improve 

6 nuclear technology licensing, in accordance 

7 with paragraph (2). 

8 (2) EXCHANGE PROGRAMS AND TRAINING.— 

9 With respect to the exchange programs and training 

10 described in paragraph (1)(B)(iii), the Commission 

11 shall coordinate, as applicable, with— 

12 (A) the Secretary of Energy; 

13 (B) National Laboratories; 

14 (C) the private sector; and 

15 (D) institutions of higher education. 

16 (b) AUTHORITY TO ESTABLISH BRANCH.—The Com17 mission may establish within the Office of International 

18 Programs a branch, to be known as the ‘‘International 

19 Nuclear Reactor Export and Innovation Branch’’, to carry 

20 out such international nuclear reactor export and innova21 tion activities as the Commission determines to be appro22 priate and within the mission of the Commission. 

23 (c) EXCLUSION OF INTERNATIONAL ACTIVITIES

24 FROM THE FEE BASE.— 


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

2 Energy Innovation and Modernization Act (42 

3 U.S.C. 2215) is amended— 

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

5 the following: 

6 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX7 PORT AND INNOVATION ACTIVITIES.—The Commis8 sion shall identify in the annual budget justification 

9 international nuclear reactor export and innovation 

10 activities described in section 101(a) of the AD11 VANCE Act of 2023.’’; and 

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

13 the end the following: 

14 ‘‘(iv) Costs for international nuclear 

15 reactor export and innovation activities de16 scribed in section 101(a) of the AD17 VANCE Act of 2023.’’. 

18 (2) EFFECTIVE DATE.—The amendments made 

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

20 2024. 

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

22 the authority of the Commission to license and regulate 

23 the civilian use of radioactive materials. 


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1 SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 

2 NATIONAL SECURITY PURPOSES. 

3 (a) DEFINITION OF COVERED FUEL.—In this sec4 tion, the term ‘‘covered fuel’’ means enriched uranium 

5 that is fabricated into fuel assemblies for nuclear reactors 

6 by an entity that— 

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

8 the Russian Federation or the Government of the 

9 People’s Republic of China; or 

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

11 subject to the jurisdiction of, the Russian Federation 

12 or the People’s Republic of China. 

13 (b) PROHIBITION ON UNLICENSED POSSESSION OR

14 OWNERSHIP OF COVERED FUEL.—Unless specifically au15 thorized by the Commission in a license issued under sec16 tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 

17 2073) and part 70 of title 10, Code of Federal Regulations 

18 (or successor regulations), no person subject to the juris19 diction of the Commission may possess or own covered 

20 fuel. 

21 (c) LICENSE TO POSSESS OR OWN COVERED

22 FUEL.— 

23 (1) CONSULTATION REQUIRED PRIOR TO

24 ISSUANCE.—The Commission shall not issue a li25 cense to possess or own covered fuel under section 

26 53 of the Atomic Energy Act of 1954 (42 U.S.C. 


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1 2073) and part 70 of title 10, Code of Federal Reg2 ulations (or successor regulations), unless the Com3 mission has first consulted with the Secretary of En4 ergy and the Secretary of State before issuing the li5 cense. 

6 (2) PROHIBITION ON ISSUANCE OF LICENSE.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (C), a license to possess or own covered 

9 fuel shall not be issued if the Secretary of En10 ergy and the Secretary of State make the deter11 mination described in subparagraph (B). 

12 (B) DETERMINATION.— 

13 (i) IN GENERAL.—The determination 

14 referred to in subparagraph (A) is a deter15 mination that possession or ownership, as 

16 applicable, of covered fuel poses a threat to 

17 the national security of the United States 

18 that adversely impacts the physical and 

19 economic security of the United States. 

20 (ii) JOINT DETERMINATION.—A deter21 mination described in clause (i) shall be 

22 jointly made by the Secretary of Energy 

23 and the Secretary of State. 

24 (iii) TIMELINE.— 


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1 (I) NOTICE OF APPLICATION.— 

2 Not later than 30 days after the date 

3 on which the Commission receives an 

4 application for a license to possess or 

5 own covered fuel, the Commission 

6 shall notify the Secretary of Energy 

7 and the Secretary of State of the ap8 plication. 

9 (II) DETERMINATION.—The Sec10 retary of Energy and the Secretary of 

11 State shall have a period of 180 days, 

12 beginning on the date on which the 

13 Commission notifies the Secretary of 

14 Energy and the Secretary of State 

15 under subclause (I) of an application 

16 for a license to possess or own covered 

17 fuel, in which to make the determina18 tion described in clause (i). 

19 (III) COMMISSION NOTIFICA20 TION.—On making the determination 

21 described in clause (i), the Secretary 

22 of Energy and the Secretary of State 

23 shall immediately notify the Commis24 sion. 


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1 (IV) CONGRESSIONAL NOTIFICA2 TION.—Not later than 30 days after 

3 the date on which the Secretary of 

4 Energy and the Secretary of State no5 tify the Commission under subclause 

6 (III), the Commission shall notify the 

7 appropriate committees of Congress of 

8 the determination. 

9 (V) PUBLIC NOTICE.—Not later 

10 than 15 days after the date on which 

11 the Commission notifies Congress 

12 under subclause (IV) of a determina13 tion made under clause (i), the Com14 mission shall make that determination 

15 publicly available. 

16 (C) EFFECT OF NO DETERMINATION.— 

17 The prohibition described in subparagraph (A) 

18 shall not apply if the Secretary of Energy and 

19 the Secretary of State do not make the deter20 mination described in subparagraph (B) by the 

21 date described in clause (iii)(II) of that sub22 paragraph. 

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

24 any treaty or international agreement in effect on the date 

25 of enactment of this Act. 


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1 SEC. 103. EXPORT LICENSE REQUIREMENTS. 

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

3 this section, the term ‘‘low-enriched uranium’’ means ura4 nium enriched to less than 20 percent of the uranium5 235 isotope. 

6 (b) REQUIREMENT.—The Commission shall not issue 

7 an export license for the transfer of any item described 

8 in subsection (d) to a country described in subsection (c) 

9 unless the Commission makes a determination that such 

10 transfer will not be inimical to the common defense and 

11 security of the United States. 

12 (c) COUNTRIES DESCRIBED.—A country referred to 

13 in subsection (b) is a country that— 

14 (1) has not concluded and ratified an Addi15 tional Protocol to its safeguards agreement with the 

16 International Atomic Energy Agency; or 

17 (2) has not ratified or acceded to the amend18 ment to the Convention on the Physical Protection 

19 of Nuclear Material, adopted at Vienna October 26, 

20 1979, and opened for signature at New York March 

21 3, 1980 (TIAS 11080), described in the information 

22 circular of the International Atomic Energy Agency 

23 numbered INFCIRC/274/Rev.1/Mod.1 and dated 

24 May 9, 2016 (TIAS 16–508). 

25 (d) ITEMS DESCRIBED.—An item referred to in sub26 section (b) includes— 


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1 (1) unirradiated nuclear fuel containing special 

2 nuclear material (as defined in section 11 of the 

3 Atomic Energy Act of 1954 (42 U.S.C. 2014)), ex4 cluding low-enriched uranium; 

5 (2) a nuclear reactor that uses nuclear fuel de6 scribed in paragraph (1); and 

7 (3) any plant or component listed in Appendix 

8 I to part 110 of title 10, Code of Federal Regula9 tions (or successor regulations), that is involved in— 

10 (A) the reprocessing of irradiated nuclear 

11 reactor fuel elements; 

12 (B) the separation of plutonium; or 

13 (C) the separation of the uranium-233 iso14 tope. 

15 (e) NOTIFICATION.—If the Commission makes a de16 termination under subsection (b) that the transfer of any 

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

18 subsection (c) will not be inimical to the common defense 

19 and security of the United States, the Commission shall 

20 notify the appropriate committees of Congress. 

21 SEC. 104. COORDINATED INTERNATIONAL ENGAGEMENT. 

22 (a) DEFINITIONS.—In this section: 

23 (1) EMBARKING CIVIL NUCLEAR ENERGY NA24 TION.— 


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1 (A) IN GENERAL.—The term ‘‘embarking 

2 civil nuclear energy nation’’ means a country 

3 that— 

4 (i)(I) does not have a civil nuclear 

5 program; 

6 (II) is in the process of developing or 

7 expanding a civil nuclear program, includ8 ing safeguards and a legal and regulatory 

9 framework; or 

10 (III) is in the process of selecting, de11 veloping, constructing, or utilizing an ad12 vanced nuclear reactor or advanced civil 

13 nuclear technologies; and 

14 (ii) is eligible to receive development 

15 lending from the World Bank. 

16 (B) EXCLUSIONS.—The term ‘‘embarking 

17 civil nuclear energy nation’’ does not include— 

18 (i) the People’s Republic of China; 

19 (ii) the Russian Federation; 

20 (iii) the Republic of Belarus; 

21 (iv) the Islamic Republic of Iran; 

22 (v) the Democratic People’s Republic 

23 of Korea; 

24 (vi) the Republic of Cuba; 


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1 (vii) the Bolivarian Republic of Ven2 ezuela; 

3 (viii) the Syrian Arab Republic; or 

4 (ix) any other country— 

5 (I) the property or interests in 

6 property of the government of which 

7 are blocked pursuant to the Inter8 national Emergency Economic Powers 

9 Act (50 U.S.C. 1701 et seq.); or 

10 (II) the government of which the 

11 Secretary of State has determined has 

12 repeatedly provided support for acts 

13 of international terrorism for purposes 

14 of— 

15 (aa) section 620A(a) of the 

16 Foreign Assistance Act of 1961 

17 (22 U.S.C. 2371(a)); 

18 (bb) section 40(d) of the 

19 Arms Export Control Act (22 

20 U.S.C. 2780(d)); 

21 (cc) section 1754(c)(1)(A)(i) 

22 of the Export Control Reform 

23 Act of 2018 (50 U.S.C. 

24 4813(c)(1)(A)(i)); or 


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1 (dd) any other relevant pro2 vision of law. 

3 (2) SECRETARIES.—The term ‘‘Secretaries’’ 

4 means the Secretary of Commerce and the Secretary 

5 of Energy, acting— 

6 (A) in consultation with each other; and 

7 (B) in coordination with— 

8 (i) the Secretary of State; 

9 (ii) the Commission; 

10 (iii) the Secretary of the Treasury; 

11 (iv) the President of the Export-Im12 port Bank of the United States; and 

13 (v) officials of other Federal agencies, 

14 as the Secretary of Commerce determines 

15 to be appropriate. 

16 (b) INTERNATIONAL CIVIL NUCLEAR MODERNIZA17 TION INITIATIVE.— 

18 (1) IN GENERAL.—The Secretaries shall estab19 lish and carry out, in accordance with applicable nu20 clear technology export laws (including regulations), 

21 an international initiative to modernize civil nuclear 

22 outreach to embarking civil nuclear energy nations. 

23 (2) ACTIVITIES.—In carrying out the initiative 

24 described in paragraph (1)— 

25 (A) the Secretary of Commerce shall— 


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1 (i) expand outreach by the executive 

2 branch to the private investment commu3 nity to create public-private financing rela4 tionships to assist in the export of civil nu5 clear technology to embarking civil nuclear 

6 energy nations; 

7 (ii) seek to coordinate, to the max8 imum extent practicable, the work carried 

9 out by each of— 

10 (I) the Commission; 

11 (II) the Department of Energy; 

12 (III) the Department of State; 

13 (IV) the Nuclear Energy Agency; 

14 (V) the International Atomic En15 ergy Agency; and 

16 (VI) other agencies, as the Sec17 retary of Commerce determines to be 

18 appropriate; and 

19 (iii) improve the regulatory framework 

20 to allow for the efficient and expeditious 

21 exporting and importing of items under the 

22 jurisdiction of the Secretary of Commerce; 

23 and 

24 (B) the Secretary of Energy shall— 


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1 (i) assist nongovernmental organiza2 tions and appropriate offices, administra3 tions, agencies, laboratories, and programs 

4 of the Federal Government in providing 

5 education and training to foreign govern6 ments in nuclear safety, security, and safe7 guards— 

8 (I) through engagement with the 

9 International Atomic Energy Agency; 

10 or 

11 (II) independently, if the applica12 ble nongovernmental organization, of13 fice, administration, agency, labora14 tory, or program determines that it 

15 would be more advantageous under 

16 the circumstances to provide the ap17 plicable education and training inde18 pendently; and 

19 (ii) assist the efforts of the Inter20 national Atomic Energy Agency to expand 

21 the support provided by the International 

22 Atomic Energy Agency to embarking civil 

23 nuclear energy nations for nuclear safety, 

24 security, and safeguards. 


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

2 of enactment of this Act, the Secretary of Commerce, in 

3 consultation with the Secretary of Energy, shall submit 

4 to Congress a report describing the activities carried out 

5 under this section. 

6 TITLE II—DEVELOPING AND DE7 PLOYING NEW NUCLEAR 

8 TECHNOLOGIES 

9 SEC. 201. FEES FOR ADVANCED NUCLEAR REACTOR APPLI10 CATION REVIEW. 

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

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

13 Public Law 115–439) is amended— 

14 (1) by redesignating paragraphs (2) through 

15 (15) as paragraphs (3), (5), (6), (7), (8), (9), (11), 

16 (14), (15), (16), (17), (18), (19), and (20), respec17 tively; 

18 (2) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) ADVANCED NUCLEAR REACTOR APPLI21 CANT.—The term ‘advanced nuclear reactor appli22 cant’ means an entity that has submitted to the 

23 Commission an application to receive a license for an 

24 advanced nuclear reactor under the Atomic Energy 

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


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1 (3) by inserting after paragraph (3) (as so re2 designated) the following: 

3 ‘‘(4) AGENCY SUPPORT.—The term ‘agency 

4 support’ means the resources of the Commission 

5 that are located in executive, administrative, and 

6 other support offices of the Commission, as de7 scribed in the document of the Commission entitled 

8 ‘FY 2022 Final Fee Rule Work Papers’ (or a suc9 cessor document).’’; 

10 (4) by inserting after paragraph (9) (as so re11 designated) the following: 

12 ‘‘(10) HOURLY RATE FOR MISSION-DIRECT PRO13 GRAM SALARIES AND BENEFITS FOR THE NUCLEAR

14 REACTOR SAFETY PROGRAM.—The term ‘hourly rate 

15 for mission-direct program salaries and benefits for 

16 the Nuclear Reactor Safety Program’ means the 

17 quotient obtained by dividing— 

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

19 the meaning of the document of the Commis20 sion entitled ‘FY 2022 Final Fee Rule Work 

21 Papers’ (or a successor document)) for mission22 direct program salaries and benefits for the Nu23 clear Reactor Safety Program (as determined 

24 by the Commission) for a fiscal year; by 


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1 ‘‘(B) the productive hours assumption for 

2 that fiscal year, determined in accordance with 

3 the formula established in the document re4 ferred to in subparagraph (A) (or a successor 

5 document).’’; and 

6 (5) by inserting after paragraph (11) (as so re7 designated) the following: 

8 ‘‘(12) MISSION-DIRECT PROGRAM SALARIES

9 AND BENEFITS FOR THE NUCLEAR REACTOR SAFETY

10 PROGRAM.—The term ‘mission-direct program sala11 ries and benefits for the Nuclear Reactor Safety 

12 Program’ means the resources of the Commission 

13 that are allocated to the Nuclear Reactor Safety 

14 Program (as determined by the Commission) to per15 form core work activities committed to fulfilling the 

16 mission of the Commission to protect public health 

17 and safety, promote the common defense and secu18 rity, and protect the environment, as described in 

19 the document of the Commission entitled ‘FY 2022 

20 Final Fee Rule Work Papers’ (or a successor docu21 ment). 

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

23 The term ‘mission-indirect program support’ means 

24 the resources of the Commission that support the 

25 core mission-direct activities for the Nuclear Reactor 


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1 Safety Program of the Commission (as determined 

2 by the Commission), as described in the document of 

3 the Commission entitled ‘FY 2022 Final Fee Rule 

4 Work Papers’ (or a successor document).’’. 

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

6 of the Nuclear Energy Innovation and Modernization Act 

7 (42 U.S.C. 2215(b)(1)(B)) (as amended by section 

8 101(c)(1)(B)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(v) The total costs of mission-indi11 rect program support and agency support 

12 that, under paragraph (2)(B), may not be 

13 included in the hourly rate charged for fees 

14 assessed to advanced nuclear reactor appli15 cants.’’. 

16 (c) FEES FOR SERVICE OR THING OF VALUE.—Sec17 tion 102(b) of the Nuclear Energy Innovation and Mod18 ernization Act (42 U.S.C. 2215(b)) is amended by striking 

19 paragraph (2) and inserting the following: 

20 ‘‘(2) FEES FOR SERVICE OR THING OF

21 VALUE.— 

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

23 section 9701 of title 31, United States Code, 

24 the Commission shall assess and collect fees 

25 from any person who receives a service or thing 


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1 of value from the Commission to cover the costs 

2 to the Commission of providing the service or 

3 thing of value. 

4 ‘‘(B) ADVANCED NUCLEAR REACTOR AP5 PLICANTS.—The hourly rate charged for fees 

6 assessed to advanced nuclear reactor applicants 

7 under this paragraph relating to the review of 

8 a submitted application described in section 

9 3(1) shall not exceed the hourly rate for mis10 sion-direct program salaries and benefits for the 

11 Nuclear Reactor Safety Program.’’. 

12 (d) EFFECTIVE DATE.—The amendments made by 

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

14 SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES. 

15 Section 103 of the Nuclear Energy Innovation and 

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

17 is amended by adding at the end the following: 

18 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI19 CENSING.— 

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

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

22 ‘‘(A) a non-Federal entity; and 

23 ‘‘(B) the Tennessee Valley Authority. 

24 ‘‘(2) PRIZE FOR ADVANCED NUCLEAR REACTOR

25 LICENSING.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding sec2 tion 169 of the Atomic Energy Act of 1954 (42 

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

4 appropriations, the Secretary is authorized to 

5 make, with respect to each award category de6 scribed in subparagraph (C), an award in an 

7 amount described in subparagraph (B) to the 

8 first eligible entity— 

9 ‘‘(i) to which the Commission issues 

10 an operating license for an advanced nu11 clear reactor under part 50 of title 10, 

12 Code of Federal Regulations (or successor 

13 regulations), for which an application has 

14 not been approved by the Commission as 

15 of the date of enactment of this subsection; 

16 or 

17 ‘‘(ii) for which the Commission makes 

18 a finding described in section 52.103(g) of 

19 title 10, Code of Federal Regulations (or 

20 successor regulations), with respect to a 

21 combined license for an advanced nuclear 

22 reactor— 

23 ‘‘(I) that is issued under subpart 

24 C of part 52 of that title (or successor 

25 regulations); and 


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1 ‘‘(II) for which an application 

2 has not been approved by the Com3 mission as of the date of enactment of 

4 this subsection. 

5 ‘‘(B) AMOUNT OF AWARD.—An award 

6 under subparagraph (A) shall be in an amount 

7 equal to the total amount assessed by the Com8 mission and collected under section 102(b)(2) 

9 from the eligible entity receiving the award for 

10 costs relating to the issuance of the license de11 scribed in that subparagraph, including, as ap12 plicable, costs relating to the issuance of an as13 sociated construction permit described in sec14 tion 50.23 of title 10, Code of Federal Regula15 tions (or successor regulations), or early site 

16 permit (as defined in section 52.1 of that title 

17 (or successor regulations)). 

18 ‘‘(C) AWARD CATEGORIES.—An award 

19 under subparagraph (A) may be made for— 

20 ‘‘(i) the first advanced nuclear reactor 

21 for which the Commission— 

22 ‘‘(I) issues a license in accord23 ance with clause (i) of subparagraph 

24 (A); or 


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1 ‘‘(II) makes a finding in accord2 ance with clause (ii) of that subpara3 graph; 

4 ‘‘(ii) an advanced nuclear reactor 

5 that— 

6 ‘‘(I) uses isotopes derived from 

7 spent nuclear fuel (as defined in sec8 tion 2 of the Nuclear Waste Policy 

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

10 depleted uranium as fuel for the ad11 vanced nuclear reactor; and 

12 ‘‘(II) is the first advanced nu13 clear reactor described in subclause 

14 (I) for which the Commission— 

15 ‘‘(aa) issues a license in ac16 cordance with clause (i) of sub17 paragraph (A); or 

18 ‘‘(bb) makes a finding in ac19 cordance with clause (ii) of that 

20 subparagraph; 

21 ‘‘(iii) an advanced nuclear reactor 

22 that— 

23 ‘‘(I) is a nuclear integrated en24 ergy system— 


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1 ‘‘(aa) that is composed of 2 

2 or more co-located or jointly op3 erated subsystems of energy gen4 eration, energy storage, or other 

5 technologies; 

6 ‘‘(bb) in which not fewer 

7 than 1 subsystem described in 

8 item (aa) is a nuclear energy sys9 tem; and 

10 ‘‘(cc) the purpose of which 

11 is— 

12 ‘‘(AA) to reduce green13 house gas emissions in both 

14 the power and nonpower sec15 tors; and 

16 ‘‘(BB) to maximize en17 ergy production and effi18 ciency; and 

19 ‘‘(II) is the first advanced nu20 clear reactor described in subclause 

21 (I) for which the Commission— 

22 ‘‘(aa) issues a license in ac23 cordance with clause (i) of sub24 paragraph (A); or 


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1 ‘‘(bb) makes a finding in ac2 cordance with clause (ii) of that 

3 subparagraph; 

4 ‘‘(iv) an advanced reactor that— 

5 ‘‘(I) operates flexibly to generate 

6 electricity or high temperature process 

7 heat for nonelectric applications; and 

8 ‘‘(II) is the first advanced nu9 clear reactor described in subclause 

10 (I) for which the Commission— 

11 ‘‘(aa) issues a license in ac12 cordance with clause (i) of sub13 paragraph (A); or 

14 ‘‘(bb) makes a finding in ac15 cordance with clause (ii) of that 

16 subparagraph; and 

17 ‘‘(v) the first advanced nuclear reactor 

18 for which the Commission grants approval 

19 to load nuclear fuel pursuant to the tech20 nology-inclusive regulatory framework es21 tablished under subsection (a)(4). 

22 ‘‘(3) FEDERAL FUNDING LIMITATION.—An 

23 award under this subsection shall not exceed the 

24 total amount expended (excluding any expenditures 

25 made with Federal funds received for the applicable 


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1 project and an amount equal to the minimum cost2 share required under section 988 of the Energy Pol3 icy Act of 2005 (42 U.S.C. 16352)) by the eligible 

4 entity receiving the award for licensing costs relating 

5 to the project for which the award is made.’’. 

6 SEC. 203. REPORT ON UNIQUE LICENSING CONSIDER7 ATIONS RELATING TO THE USE OF NUCLEAR 

8 ENERGY FOR NONELECTRIC APPLICATIONS. 

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

10 date of enactment of this Act, the Commission shall sub11 mit to the appropriate committees of Congress a report 

12 (referred to in this section as the ‘‘report’’) addressing any 

13 unique licensing issues or requirements relating to— 

14 (1) the flexible operation of nuclear reactors, 

15 such as ramping power output and switching be16 tween electricity generation and nonelectric applica17 tions; 

18 (2) the use of advanced nuclear reactors exclu19 sively for nonelectric applications; and 

20 (3) the colocation of nuclear reactors with in21 dustrial plants or other facilities. 

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

23 the Commission shall seek input from— 

24 (1) the Secretary of Energy; 

25 (2) the nuclear energy industry; 


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1 (3) technology developers; 

2 (4) the industrial, chemical, and medical sec3 tors; 

4 (5) nongovernmental organizations; and 

5 (6) other public stakeholders. 

6 (c) CONTENTS.— 

7 (1) IN GENERAL.—The report shall describe— 

8 (A) any unique licensing issues or require9 ments relating to the matters described in para10 graphs (1) through (3) of subsection (a), in11 cluding, with respect to the nonelectric applica12 tions referred to in paragraphs (1) and (2) of 

13 that subsection, any licensing issues or require14 ments relating to the use of nuclear energy in— 

15 (i) hydrogen or other liquid and gas16 eous fuel or chemical production; 

17 (ii) water desalination and wastewater 

18 treatment; 

19 (iii) heat for industrial processes; 

20 (iv) district heating; 

21 (v) energy storage; 

22 (vi) industrial or medical isotope pro23 duction; and 

24 (vii) other applications, as identified 

25 by the Commission; 


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1 (B) options for addressing those issues or 

2 requirements— 

3 (i) within the existing regulatory 

4 framework of the Commission; 

5 (ii) as part of the technology-inclusive 

6 regulatory framework required under sub7 section (a)(4) of section 103 of the Nuclear 

8 Energy Innovation and Modernization Act 

9 (42 U.S.C. 2133 note; Public Law 115– 

10 439) or described in the report required 

11 under subsection (e) of that section (Public 

12 Law 115–439; 132 Stat. 5575); or 

13 (iii) through a new rulemaking; and 

14 (C) the extent to which Commission action 

15 is needed to implement any matter described in 

16 the report. 

17 (2) COST ESTIMATES, BUDGETS, AND TIME18 FRAMES.—The report shall include cost estimates, 

19 proposed budgets, and proposed timeframes for im20 plementing risk-informed and performance-based 

21 regulatory guidance in the licensing of nuclear reac22 tors for nonelectric applications. 


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1 SEC. 204. ENABLING PREPARATIONS FOR THE DEMONSTRA2 TION OF ADVANCED NUCLEAR REACTORS ON 

3 DEPARTMENT OF ENERGY SITES. 

4 (a) IN GENERAL.—Section 102(b)(1)(B) of the Nu5 clear Energy Innovation and Modernization Act (42 

6 U.S.C. 2215(b)(1)(B)) (as amended by section 201(b)) is 

7 amended by adding at the end the following: 

8 ‘‘(vi) Costs for— 

9 ‘‘(I) activities to review and ap10 prove or disapprove an application for 

11 an early site permit (as defined in sec12 tion 52.1 of title 10, Code of Federal 

13 Regulations (or a successor regula14 tion)) to demonstrate an advanced nu15 clear reactor on a Department of En16 ergy site; and 

17 ‘‘(II) pre-application activities re18 lating to an early site permit (as so 

19 defined) to demonstrate an advanced 

20 nuclear reactor on a Department of 

21 Energy site.’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall take effect on October 1, 2024. 


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1 SEC. 205. CLARIFICATION ON FUSION REGULATION. 

2 Section 103(a)(4) of the Nuclear Energy Innovation 

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

4 115–439) is amended— 

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

6 following: 

7 ‘‘(A) IN GENERAL.—Not later’’; and 

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

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

10 For purposes of subparagraph (A), the term 

11 ‘advanced reactor applicant’ does not include an 

12 applicant seeking a license for a fusion reac13 tor.’’. 

14 SEC. 206. REGULATORY ISSUES FOR NUCLEAR FACILITIES 

15 AT BROWNFIELD SITES. 

16 (a) DEFINITIONS.— 

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

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

19 of the Comprehensive Environmental Response, 

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

21 9601). 

22 (2) PRODUCTION FACILITY.—The term ‘‘pro23 duction facility’’ has the meaning given the term in 

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

25 U.S.C. 2014). 


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1 (3) 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 multi-unit fa5 cilities that are partially shut down. 

6 (4) 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 timely licensing reviews for, and to support the over16 sight of, production facilities or utilization facilities 

17 at brownfield 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 brownfield sites may be expedited by considering 

22 matters relating to siting and operating a production 

23 facility or a utilization facility at or near a retired 

24 fossil fuel site to support the reuse of existing site 

25 infrastructure, including— 


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1 (A) electric switchyard components and 

2 transmission infrastructure; 

3 (B) heat-sink components; 

4 (C) steam cycle components; 

5 (D) roads; 

6 (E) railroad access; and 

7 (F) water availability. 

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

9 the date of enactment of this Act, the Commission 

10 shall submit to the appropriate committees of Con11 gress a report describing any regulations, guidance, 

12 and policies identified under paragraph (1). 

13 (c) LICENSING.— 

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

15 the date of enactment of this Act, the Commission 

16 shall— 

17 (A) develop and implement strategies to 

18 enable timely licensing reviews for, and to sup19 port the oversight of, production facilities or 

20 utilization facilities at brownfield sites, includ21 ing retired fossil fuel sites; or 

22 (B) initiate a rulemaking to enable timely 

23 licensing reviews for, and to support the over24 sight of, of production facilities or utilization 


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1 facilities at brownfield sites, including retired 

2 fossil fuel sites. 

3 (2) REQUIREMENTS.—In carrying out para4 graph (1), consistent with the role of the Commis5 sion in protecting public health and safety and the 

6 common defense and security, the Commission shall 

7 consider matters relating to— 

8 (A) the use of existing site infrastructure; 

9 (B) existing emergency preparedness orga10 nizations and planning; 

11 (C) the availability of historical site-spe12 cific environmental data; 

13 (D) previously approved environmental re14 views required by the National Environmental 

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

16 (E) activities associated with the potential 

17 decommissioning of facilities or decontamina18 tion and remediation at brownfield sites; and 

19 (F) community engagement and historical 

20 experience with energy production. 

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

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

23 the appropriate committees of Congress a report describ24 ing the actions taken by the Commission under subsection 

25 (c). 


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1 SEC. 207. APPALACHIAN REGIONAL COMMISSION NUCLEAR 

2 ENERGY DEVELOPMENT. 

3 (a) IN GENERAL.—Subchapter I of chapter 145 of 

4 subtitle IV of title 40, United States Code, is amended 

5 by adding at the end the following: 

6 ‘‘§ 14512. Appalachian Regional Commission nuclear 

7 energy development 

8 ‘‘(a) DEFINITIONS.—In this section: 

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

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

11 of the Comprehensive Environmental Response, 

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

13 9601). 

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

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

17 U.S.C. 2014). 

18 ‘‘(3) RETIRED FOSSIL FUEL SITE.—The term 

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

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

23 ‘‘(4) UTILIZATION FACILITY.—The term ‘utili24 zation facility’ has the meaning given the term in 

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

26 U.S.C. 2014). 


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1 ‘‘(b) AUTHORITY.—The Appalachian Regional Com2 mission may provide technical assistance to, make grants 

3 to, enter into contracts with, or otherwise provide amounts 

4 to individuals or entities in the Appalachian region for 

5 projects and activities— 

6 ‘‘(1) to conduct research and analysis regarding 

7 the economic impact of siting, constructing, and op8 erating a production facility or a utilization facility 

9 at a brownfield site, including a retired fossil fuel 

10 site; 

11 ‘‘(2) to assist with workforce training or re12 training to perform activities relating to the siting 

13 and operation of a production facility or a utilization 

14 facility at a brownfield site, including a retired fossil 

15 fuel site; and 

16 ‘‘(3) to engage with the Nuclear Regulatory 

17 Commission, the Department of Energy, and other 

18 Federal agencies with expertise in civil nuclear en19 ergy. 

20 ‘‘(c) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

21 cost of any project or activity eligible for a grant under 

22 this section— 

23 ‘‘(1) except as provided in paragraphs (2) and 

24 (3), not more than 50 percent may be provided from 

25 amounts made available to carry out this section; 


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1 ‘‘(2) in the case of a project or activity to be 

2 carried out in a county for which a distressed county 

3 designation is in effect under section 14526, not 

4 more than 80 percent may be provided from 

5 amounts made available to carry out this section; 

6 and 

7 ‘‘(3) in the case of a project or activity to be 

8 carried out in a county for which an at-risk county 

9 designation is in effect under section 14526, not 

10 more than 70 percent may be provided from 

11 amounts made available to carry out this section. 

12 ‘‘(d) SOURCES OF ASSISTANCE.—Subject to sub13 section (c), a grant provided under this section may be 

14 provided from amounts made available to carry out this 

15 section, in combination with amounts made available— 

16 ‘‘(1) under any other Federal program; or 

17 ‘‘(2) from any other source. 

18 ‘‘(e) FEDERAL SHARE.—Notwithstanding any provi19 sion of law limiting the Federal share under any other 

20 Federal program, amounts made available to carry out 

21 this section may be used to increase that Federal share, 

22 as the Appalachian Regional Commission determines to be 

23 appropriate.’’. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 14703 of title 40, United States Code, is amended— 


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1 (1) by redesignating subsections (e) and (f) as 

2 subsections (f) and (g), respectively; and 

3 (2) by inserting after subsection (d) the fol4 lowing: 

5 ‘‘(e) APPALACHIAN REGIONAL COMMISSION NU6 CLEAR ENERGY DEVELOPMENT.—Of the amounts made 

7 available under subsection (a), $5,000,000 may be used 

8 to carry out section 14512 for each of fiscal years 2023 

9 through 2026.’’. 

10 (c) CLERICAL AMENDMENT.—The analysis for sub11 chapter I of chapter 145 of subtitle IV of title 40, United 

12 States Code, is amended by striking the item relating to 

13 section 14511 and inserting the following: 

‘‘14511. Appalachian regional energy hub initiative. 

‘‘14512. Appalachian Regional Commission nuclear energy development.’’. 

14 TITLE III—PRESERVING EXIST15 ING NUCLEAR ENERGY GEN16 ERATION 

17 SEC. 301. INVESTMENT BY ALLIES. 

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

19 certain licenses for utilization facilities to certain corpora20 tions and other entities described in the second sentence 

21 of section 103 d. of the Atomic Energy Act of 1954 (42 

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

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

24 entity described in subsection (b) if the Commission deterVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111

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1 mines that issuance of the applicable license to that entity 

2 is not inimical to— 

3 (1) the common defense and security; or 

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

5 (b) ENTITIES DESCRIBED.—An entity referred to in 

6 subsection (a) is a corporation or other entity that is 

7 owned, controlled, or dominated by— 

8 (1) the government of— 

9 (A) a country that is a member of the 

10 Group of Seven as of November 25, 2020, 

11 which includes the United Kingdom, Germany, 

12 Canada, Japan, France, and Italy; or 

13 (B) the Republic of Korea; 

14 (2) a corporation that is incorporated in a 

15 country described in subparagraph (A) or (B) of 

16 paragraph (1); or 

17 (3) an alien who is a national of a country de18 scribed in subparagraph (A) or (B) of paragraph 

19 (1). 

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

21 Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is 

22 amended, in the second sentence, by striking ‘‘any any’’ 

23 and inserting ‘‘any’’. 


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1 (d) SAVINGS CLAUSE.—Nothing in this section af2 fects the requirements of section 721 of the Defense Pro3 duction Act of 1950 (50 U.S.C. 4565). 

4 SEC. 302. EXTENSION OF THE PRICE-ANDERSON ACT. 

5 (a) EXTENSION.—Section 170 of the Atomic Energy 

6 Act of 1954 (42 U.S.C. 2210) (commonly known as the 

7 ‘‘Price-Anderson Act’’) is amended by striking ‘‘December 

8 31, 2025’’ each place it appears and inserting ‘‘December 

9 31, 2045’’. 

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

11 Act of 1954 (42 U.S.C. 2210(p)) is amended by striking 

12 ‘‘December 31, 2021’’ and inserting ‘‘December 31, 

13 2041’’. 

14 TITLE IV—NUCLEAR FUEL 

15 CYCLE, SUPPLY CHAIN, IN16 FRASTRUCTURE, AND WORK17 FORCE 

18 SEC. 401. REPORT ON ADVANCED METHODS OF MANUFAC19 TURING AND CONSTRUCTION FOR NUCLEAR 

20 ENERGY APPLICATIONS. 

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

22 date of enactment of this Act, the Commission shall sub23 mit to the appropriate committees of Congress a report 

24 (referred to in this section as the ‘‘report’’) on manufac25 turing and construction for nuclear energy applications. 


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

2 the Commission shall seek input from— 

3 (1) the Secretary of Energy; 

4 (2) the nuclear energy industry; 

5 (3) National Laboratories; 

6 (4) institutions of higher education; 

7 (5) nuclear and manufacturing technology de8 velopers; 

9 (6) the manufacturing and construction indus10 tries, including manufacturing and construction 

11 companies with operating facilities in the United 

12 States; 

13 (7) standards development organizations; 

14 (8) labor unions; 

15 (9) nongovernmental organizations; and 

16 (10) other public stakeholders. 

17 (c) CONTENTS.— 

18 (1) IN GENERAL.—The report shall— 

19 (A) examine any unique licensing issues or 

20 requirements relating to the use of innovative— 

21 (i) advanced manufacturing processes; 

22 (ii) advanced construction techniques; 

23 and 

24 (iii) rapid improvement or iterative in25 novation processes; 


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1 (B) examine— 

2 (i) the requirements for nuclear-grade 

3 components in manufacturing and con4 struction for nuclear energy applications; 

5 (ii) opportunities to use standard ma6 terials, parts, or components in manufac7 turing and construction for nuclear energy 

8 applications; 

9 (iii) opportunities to use standard ma10 terials that are in compliance with existing 

11 codes to provide acceptable approaches to 

12 support or encapsulate new materials that 

13 do not yet have applicable codes; and 

14 (iv) requirements relating to the 

15 transport of a fueled advanced nuclear re16 actor core from a manufacturing licensee 

17 to a licensee that holds a license to con18 struct and operate a facility at a particular 

19 site; 

20 (C) identify any safety aspects of innova21 tive advanced manufacturing processes and ad22 vanced construction techniques that are not ad23 dressed by existing codes and standards, so that 

24 generic guidance may be updated or created, as 

25 necessary; 


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1 (D) identify options for addressing the 

2 issues, requirements, and opportunities exam3 ined under subparagraphs (A) and (B)— 

4 (i) within the existing regulatory 

5 framework; or 

6 (ii) through a new rulemaking; 

7 (E) identify how addressing the issues, re8 quirements, and opportunities examined under 

9 subparagraphs (A) and (B) will impact oppor10 tunities for domestic nuclear manufacturing 

11 and construction developers; and 

12 (F) describe the extent to which Commis13 sion action is needed to implement any matter 

14 described in the report. 

15 (2) COST ESTIMATES, BUDGETS, AND TIME16 FRAMES.—The report shall include cost estimates, 

17 proposed budgets, and proposed timeframes for im18 plementing risk-informed and performance-based 

19 regulatory guidance for manufacturing and construc20 tion for nuclear energy applications. 

21 SEC. 402. NUCLEAR ENERGY TRAINEESHIP. 

22 Section 313 of division C of the Omnibus Appropria23 tions Act, 2009 (42 U.S.C. 16274a), is amended— 

24 (1) in subsection (a), by striking ‘‘Nuclear Reg25 ulatory’’; 


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1 (2) in subsection (b)(1), in the matter pre2 ceding subparagraph (A), by inserting ‘‘and sub3 section (c)’’ after ‘‘paragraph (2)’’; 

4 (3) in subsection (c)— 

5 (A) by redesignating paragraph (2) as 

6 paragraph (5); and 

7 (B) by striking paragraph (1) and insert8 ing the following: 

9 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 

10 term ‘advanced nuclear reactor’ has the meaning 

11 given the term in section 951(b) of the Energy Pol12 icy Act of 2005 (42 U.S.C. 16271(b)). 

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

14 means the Nuclear Regulatory Commission. 

15 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

16 The term ‘institution of higher education’ has the 

17 meaning given the term in section 2 of the Energy 

18 Policy Act of 2005 (42 U.S.C. 15801). 

19 ‘‘(4) NATIONAL LABORATORY.—The term ‘Na20 tional Laboratory’ has the meaning given the term 

21 in section 951(b) of the Energy Policy Act of 2005 

22 (42 U.S.C. 16271(b)).’’; 

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

24 Regulatory’’; 


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

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

3 (6) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) NUCLEAR ENERGY TRAINEESHIP SUBPRO6 GRAM.— 

7 ‘‘(1) IN GENERAL.—The Commission shall es8 tablish, as a subprogram of the Program, a nuclear 

9 energy traineeship subprogram under which the 

10 Commission, in coordination with institutions of 

11 higher education and trade schools, shall competi12 tively award traineeships that provide focused train13 ing to meet critical mission needs of the Commission 

14 and nuclear workforce needs, including needs relat15 ing to— 

16 ‘‘(A) nuclear criticality safety; and 

17 ‘‘(B) the nuclear tradecraft workforce. 

18 ‘‘(2) REQUIREMENTS.—In carrying out the nu19 clear energy traineeship subprogram described in 

20 paragraph (1), the Commission shall— 

21 ‘‘(A) coordinate with the Secretary of En22 ergy to prioritize the funding of traineeships 

23 that focus on— 

24 ‘‘(i) nuclear workforce needs; and 


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1 ‘‘(ii) critical mission needs of the 

2 Commission; 

3 ‘‘(B) encourage appropriate partnerships 

4 among— 

5 ‘‘(i) National Laboratories; 

6 ‘‘(ii) institutions of higher education; 

7 ‘‘(iii) trade schools; 

8 ‘‘(iv) the nuclear energy industry; and 

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

10 determines to be appropriate; and 

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

12 workforce needs for the purpose of imple13 menting traineeships in focused topical areas 

14 that— 

15 ‘‘(i) address the workforce needs of 

16 the nuclear energy community; and 

17 ‘‘(ii) support critical mission needs of 

18 the Commission.’’. 

19 SEC. 403. REPORT ON COMMISSION READINESS AND CA20 PACITY TO LICENSE ADDITIONAL CONVER21 SION AND ENRICHMENT CAPACITY TO RE22 DUCE RELIANCE ON URANIUM FROM RUSSIA. 

23 Not later than 180 days after the date of enactment 

24 of this Act, the Commission shall submit to the appro25 priate committees of Congress a report on the readiness 


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1 and capacity of the Commission to license additional con2 version and enrichment capacity at existing and new fuel 

3 cycle facilities to reduce reliance on nuclear fuel that is 

4 recovered, converted, enriched, or fabricated by an entity 

5 that— 

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

7 the Russian Federation; or 

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

9 subject to the jurisdiction of, the Russian Federa10 tion. 

11 SEC. 404. ANNUAL REPORT ON THE SPENT NUCLEAR FUEL 

12 AND HIGH-LEVEL RADIOACTIVE WASTE IN13 VENTORY IN THE UNITED STATES. 

14 (a) DEFINITIONS.—In this section: 

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

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

17 given the term in section 2 of the Nuclear Waste 

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

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

20 nuclear fuel’’ has the meaning given the term in sec21 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

22 U.S.C. 10101). 

23 (3) STANDARD CONTRACT.—The term ‘‘stand24 ard contract’’ has the meaning given the term ‘‘conVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111

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1 tract’’ in section 961.3 of title 10, Code of Federal 

2 Regulations (or a successor regulation). 

3 (b) REPORT.—Not later than January 1, 2025, and 

4 annually thereafter, the Secretary of Energy shall submit 

5 to Congress a report that describes— 

6 (1) the annual and cumulative amount of pay7 ments made by the United States to the holder of 

8 a standard contract due to a partial breach of con9 tract under the Nuclear Waste Policy Act of 1982 

10 (42 U.S.C. 10101 et seq.) resulting in financial 

11 damages to the holder; 

12 (2) the cumulative amount spent by the Depart13 ment of Energy since fiscal year 2008 to reduce fu14 ture payments projected to be made by the United 

15 States to any holder of a standard contract due to 

16 a partial breach of contract under the Nuclear 

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

18 (3) the cumulative amount spent by the Depart19 ment of Energy to store, manage, and dispose of 

20 spent nuclear fuel and high-level radioactive waste in 

21 the United States as of the date of the report; 

22 (4) the projected lifecycle costs to store, man23 age, transport, and dispose of the projected inven24 tory of spent nuclear fuel and high-level radioactive 

25 waste in the United States, including spent nuclear 


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1 fuel and high-level radioactive waste expected to be 

2 generated from existing reactors through 2050; 

3 (5) any mechanisms for better accounting of li4 abilities for the lifecycle costs of the spent nuclear 

5 fuel and high-level radioactive waste inventory in the 

6 United States; and 

7 (6) any recommendations for improving the 

8 methods used by the Department of Energy for the 

9 accounting of spent nuclear fuel and high-level ra10 dioactive waste costs and liabilities. 

11 SEC. 405. AUTHORIZATION OF APPROPRIATIONS FOR 

12 SUPERFUND ACTIONS AT ABANDONED MIN13 ING SITES ON TRIBAL LAND. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ELIGIBLE NON-NPL SITE.—The term ‘‘eligi16 ble non-NPL site’’ means a site— 

17 (A) that is not on the National Priorities 

18 List; but 

19 (B) with respect to which the Adminis20 trator determines that— 

21 (i) the site would be eligible for listing 

22 on the National Priorities List based on 

23 the presence of hazards from contamina24 tion at the site, applying the hazard rank25 ing system described in section 105(c) of 


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1 the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 

3 1980 (42 U.S.C. 9605(c)); and 

4 (ii) for removal site evaluations, engi5 neering evaluations/cost analyses, remedial 

6 planning activities, remedial investigations 

7 and feasibility studies, and other actions 

8 taken pursuant to section 104(b) of that 

9 Act (42 U.S.C. 9604), the site— 

10 (I) has undergone a pre11 CERCLA screening; and 

12 (II) is included in the Superfund 

13 Enterprise Management System. 

14 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

15 has the meaning given the term ‘‘Indian tribe’’ in 

16 section 101 of the Comprehensive Environmental 

17 Response, Compensation, and Liability Act of 1980 

18 (42 U.S.C. 9601). 

19 (3) NATIONAL PRIORITIES LIST.—The term 

20 ‘‘National Priorities List’’ means the National Prior21 ities List developed by the President in accordance 

22 with section 105(a)(8)(B) of the Comprehensive En23 vironmental Response, Compensation, and Liability 

24 Act of 1980 (42 U.S.C. 9605(a)(8)(B)). 


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1 (4) REMEDIAL ACTION; REMOVAL; RESPONSE.— 

2 The terms ‘‘remedial action’’, ‘‘removal’’, and ‘‘re3 sponse’’ have the meanings given those terms in sec4 tion 101 of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42 

6 U.S.C. 9601). 

7 (5) TRIBAL LAND.—The term ‘‘Tribal land’’ 

8 has the meaning given the term ‘‘Indian country’’ in 

9 section 1151 of title 18, United States Code. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated for each of fiscal years 

12 2023 through 2032, to remain available until expended— 

13 (1) $97,000,000 to the Administrator to carry 

14 out this section (except for subsection (d)); and 

15 (2) $3,000,000 to the Administrator of the 

16 Agency for Toxic Substances and Disease Registry 

17 to carry out subsection (d). 

18 (c) USES OF AMOUNTS.—Amounts appropriated 

19 under subsection (b)(1) shall be used by the Adminis20 trator— 

21 (1) to carry out removal actions on abandoned 

22 mine land located on Tribal land; 

23 (2) to carry out response actions, including re24 moval and remedial planning activities, removal and 

25 remedial studies, remedial actions, and other actions 


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1 taken pursuant to section 104(b) of the Comprehen2 sive Environmental Response, Compensation, and 

3 Liability Act of 1980 (42 U.S.C. 9604(b)) on aban4 doned mine land located on Tribal land at— 

5 (A) eligible non-NPL sites; and 

6 (B) sites listed on the National Priorities 

7 List; and 

8 (3) to make grants under subsection (e). 

9 (d) HEALTH ASSESSMENTS.—Subject to the avail10 ability of appropriations, the Agency for Toxic Substances 

11 and Disease Registry, in coordination with Tribal health 

12 authorities, shall perform 1 or more health assessments 

13 at each eligible non-NPL site that is located on Tribal 

14 land, in accordance with section 104(i)(6) of the Com15 prehensive Environmental Response, Compensation, and 

16 Liability Act of 1980 (42 U.S.C. 9604(i)(6)). 

17 (e) TRIBAL GRANTS.— 

18 (1) IN GENERAL.—The Administrator may use 

19 amounts appropriated under subsection (b)(1) to 

20 make grants to eligible entities described in para21 graph (2) for the purposes described in paragraph 

22 (3). 

23 (2) ELIGIBLE ENTITIES DESCRIBED.—An eligi24 ble entity referred to in paragraph (1) is— 


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1 (A) the governing body of an Indian Tribe; 

2 or 

3 (B) a legally established organization of 

4 Indians that— 

5 (i) is controlled, sanctioned, or char6 tered by the governing bodies of 2 or more 

7 Indian Tribes to be served, or that is 

8 democratically elected by the adult mem9 bers of the Indian community to be served, 

10 by that organization; and 

11 (ii) includes the maximum participa12 tion of Indians in all phases of the activi13 ties of that organization. 

14 (3) USE OF GRANT FUNDS.—A grant under this 

15 subsection shall be used— 

16 (A) in accordance with the second sentence 

17 of section 117(e)(1) of the Comprehensive Envi18 ronmental Response, Compensation, and Liabil19 ity Act of 1980 (42 U.S.C. 9617(e)(1)); 

20 (B) for obtaining technical assistance in 

21 carrying out response actions under subpara22 graph (C); or 

23 (C) for carrying out response actions, if 

24 the Administrator determines that the Indian 

25 Tribe has the capability to carry out any or all 


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1 of those response actions in accordance with the 

2 criteria and priorities established pursuant to 

3 section 105(a)(8) of the Comprehensive Envi4 ronmental Response, Compensation, and Liabil5 ity Act of 1980 (42 U.S.C. 9605(a)(8)). 

6 (4) APPLICATIONS.—An eligible entity desiring 

7 a grant under this subsection shall submit to the 

8 Administrator an application at such time, in such 

9 manner, and containing such information as the Ad10 ministrator may require. 

11 (5) LIMITATIONS.—A grant under this sub12 section shall be governed by the rules, procedures, 

13 and limitations described in section 117(e)(2) of the 

14 Comprehensive Environmental Response, Compensa15 tion, and Liability Act of 1980 (42 U.S.C. 

16 9617(e)(2)), except that— 

17 (A) ‘‘Administrator of the Environmental 

18 Protection Agency’’ shall be substituted for 

19 ‘‘President’’ each place it appears in that sec20 tion; and 

21 (B) in the first sentence of that section, 

22 ‘‘under section 405 of the ADVANCE Act of 

23 2023’’ shall be substituted for ‘‘under this sub24 section’’. 


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1 (f) STATUTE OF LIMITATIONS.—If a remedial action 

2 described in subsection (c)(2) is scheduled at an eligible 

3 non-NPL site, no action may be commenced for damages 

4 (as defined in section 101 of the Comprehensive Environ5 mental Response, Compensation, and Liability Act of 

6 1980 (42 U.S.C. 9601)) with respect to that eligible non7 NPL site unless the action is commenced within the time8 frame provided for such actions with respect to facilities 

9 on the National Priorities List in the first sentence of the 

10 matter following subparagraph (B) of section 113(g)(1) 

11 of that Act (42 U.S.C. 9613(g)(1)). 

12 (g) COORDINATION.—The Administrator shall coordi13 nate with the Indian Tribe on whose land the applicable 

14 site is located in— 

15 (1) selecting and prioritizing sites for response 

16 actions under paragraphs (1) and (2) of subsection 

17 (c); and 

18 (2) carrying out those response actions. 

19 SEC. 406. DEVELOPMENT, QUALIFICATION, AND LICENSING 

20 OF ADVANCED NUCLEAR FUEL CONCEPTS. 

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

22 an initiative to enhance preparedness and coordination 

23 with respect to the qualification and licensing of advanced 

24 nuclear fuel. 


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

2 days after the date of enactment of this Act, the Commis3 sion and the Secretary of Energy shall enter into a memo4 randum of understanding— 

5 (1) to share technical expertise and knowledge 

6 through— 

7 (A) enabling the testing and demonstration 

8 of accident tolerant fuels for existing commer9 cial nuclear reactors and advanced nuclear reac10 tor fuel concepts to be proposed and funded, in 

11 whole or in part, by the private sector; 

12 (B) operating a database to store and 

13 share data and knowledge relevant to nuclear 

14 science and engineering between Federal agen15 cies and the private sector; 

16 (C) leveraging expertise with respect to 

17 safety analysis and research relating to ad18 vanced nuclear fuel; and 

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

23 fuel; and 

24 (2) to ensure that— 


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1 (A) the Department of Energy has suffi2 cient technical expertise to support the timely 

3 research, development, demonstration, and com4 mercial application of advanced nuclear fuel; 

5 (B) the Commission has sufficient tech6 nical expertise to support the evaluation of ap7 plications for licenses, permits, and design cer8 tifications and other requests for regulatory ap9 proval for advanced nuclear fuel; 

10 (C)(i) the Department of Energy main11 tains and develops the facilities necessary to en12 able the timely research, development, dem13 onstration, and commercial application by the 

14 civilian nuclear industry of advanced nuclear 

15 fuel; and 

16 (ii) the Commission has access to the fa17 cilities described in clause (i), as needed; and 

18 (D) the Commission consults, as appro19 priate, with the modeling and simulation ex20 perts at the Office of Nuclear Energy of the 

21 Department of Energy, at the National Labora22 tories, and within industry fuel vendor teams in 

23 cooperative agreements with the Department of 

24 Energy to leverage physics-based computer 

25 modeling and simulation capabilities. 


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1 (c) REPORT.— 

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

3 the date of enactment of this Act, the Commission 

4 shall submit to the appropriate committees of Con5 gress a report describing the efforts of the Commis6 sion under subsection (a), including— 

7 (A) an assessment of the preparedness of 

8 the Commission to review and qualify for use— 

9 (i) accident tolerant fuel; 

10 (ii) ceramic cladding materials; 

11 (iii) fuels containing silicon carbide; 

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

13 fuels; 

14 (v) molten-salt based liquid fuels; 

15 (vi) fuels derived from spent nuclear 

16 fuel or depleted uranium; and 

17 (vii) other related fuel concepts, as de18 termined by the Commission; 

19 (B) activities planned or undertaken under 

20 the memorandum of understanding described in 

21 subsection (b); 

22 (C) an accounting of the areas of research 

23 needed with respect to advanced nuclear fuel; 

24 and 


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1 (D) any other challenges or considerations 

2 identified by the Commission. 

3 (2) CONSULTATION.—In developing the report 

4 under paragraph (1), the Commission shall seek 

5 input from— 

6 (A) the Secretary of Energy; 

7 (B) National Laboratories; 

8 (C) the nuclear energy industry; 

9 (D) technology developers; 

10 (E) nongovernmental organizations; and 

11 (F) other public stakeholders. 

12 TITLE V—IMPROVING 

13 COMMISSION EFFICIENCY 

14 SEC. 501. COMMISSION WORKFORCE. 

15 (a) DEFINITION OF CHAIRMAN.—In this section, the 

16 term ‘‘Chairman’’ means the Chairman of the Commis17 sion. 

18 (b) APPOINTMENT AUTHORITY.— 

19 (1) IN GENERAL.—Notwithstanding section 161 

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

21 2201(d)), any provision of Reorganization Plan No. 

22 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.) governing 

23 appointments, and any provision of title 5, United 

24 States Code, governing appointments and General 

25 Schedule classification and pay rates, the Chairman 


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1 may appoint persons to the positions described in 

2 paragraph (2), subject to the limitation described in 

3 paragraph (3), without regard to the civil service 

4 laws. 

5 (2) POSITIONS DESCRIBED.—The positions re6 ferred to in paragraph (1) are— 

7 (A) positions with highly specialized sci8 entific, engineering, and technical competencies 

9 to address a critical need for the Commission, 

10 including— 

11 (i) health physicist; 

12 (ii) reactor operations engineer; 

13 (iii) human factors analyst or engi14 neer; 

15 (iv) risk and reliability analyst or en16 gineer; 

17 (v) licensing project manager; 

18 (vi) reactor engineer for severe acci19 dents; 

20 (vii) geotechnical engineer; 

21 (viii) structural engineer; 

22 (ix) reactor systems engineer; 

23 (x) reactor engineer; 

24 (xi) radiation scientist; and 

25 (xii) electronics engineer; or 


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1 (B) positions to be filled by exceptionally 

2 well-qualified individuals that the Commission 

3 determines are necessary to fulfill the mission 

4 of the Commission. 

5 (3) LIMITATION.—The Chairman may appoint 

6 persons to not more than— 

7 (A) 90 positions described in paragraph 

8 (2)(A); and 

9 (B) 90 positions described in paragraph 

10 (2)(B). 

11 (4) HIRING BONUS.—The Commission may pay 

12 any employee appointed under paragraph (1) a 1- 

13 time hiring bonus in an amount not to exceed the 

14 least of— 

15 (A) $25,000; 

16 (B) the amount equal to 15 percent of the 

17 annual rate of basic pay of the employee; and 

18 (C) the amount of the limitation that is 

19 applicable for a calendar year under section 

20 5307(a)(1) of title 5, United States Code. 

21 (5) APPLICATION OF MERIT SYSTEM PRIN22 CIPLES.—To the maximum extent practicable, the 

23 Chairman shall appoint persons under paragraph (1) 

24 to the positions described in paragraph (2) in acVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111

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1 cordance with the merit system principles set forth 

2 in section 2301 of title 5, United States Code. 

3 (c) COMPENSATION AUTHORITY.— 

4 (1) IN GENERAL.—Notwithstanding section 161 

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

6 2201(d)) and chapter 51, and subchapter III of 

7 chapter 53, of title 5, United States Code, the 

8 Chairman may fix the rate of basic pay for the posi9 tions of individuals described in paragraph (2), sub10 ject to the limitation described in paragraph (3), in 

11 accordance with this subsection. 

12 (2) INDIVIDUALS DESCRIBED.—The individuals 

13 referred to in paragraph (1) are— 

14 (A) individuals with highly specialized sci15 entific, engineering, and technical competencies 

16 to address a critical need for the Commission, 

17 including individuals with expertise in— 

18 (i) health physics; 

19 (ii) reactor operations engineering; 

20 (iii) human factors analysis or engi21 neering; 

22 (iv) risk and reliability analysis or en23 gineering; 

24 (v) licensing project management; 


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1 (vi) reactor engineering for severe ac2 cidents; 

3 (vii) geotechnical engineering; 

4 (viii) structural engineering; 

5 (ix) reactor systems engineering; 

6 (x) reactor engineering; 

7 (xi) radiation science; and 

8 (xii) electronics engineering; or 

9 (B) exceptionally well-qualified individuals 

10 that the Commission determines are necessary 

11 to fulfill the mission of the Commission. 

12 (3) LIMITATION.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the annual rate of basic pay 

15 for an individual described in paragraph (2) 

16 may not exceed the per annum rate of salary 

17 payable for level III of the Executive Schedule 

18 under section 5314 of title 5, United States 

19 Code, without regard to the civil service laws. 

20 (B) CERTAIN POSITIONS.—The Chairman 

21 may set the annual rate of basic pay for an in22 dividual described in paragraph (2) for not 

23 more than— 

24 (i) 90 persons appointed to positions 

25 described in paragraph (2)(A); and 


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1 (ii) 90 persons appointed to positions 

2 described in paragraph (2)(B). 

3 (d) NO DELEGATION.—The Chairman may not dele4 gate the authority provided by subsection (b) or (c). 

5 (e) ANNUAL SOLICITATION FOR NUCLEAR REGU6 LATOR APPRENTICESHIP NETWORK APPLICATIONS.—The 

7 Chairman, on an annual basis, shall solicit applications for 

8 the Nuclear Regulator Apprenticeship Network. 

9 (f) REPORT.—The Chairman shall include in the an10 nual budget justification of the Commission information 

11 that describes— 

12 (1) the total number of and the positions of the 

13 persons appointed under the authority provided by 

14 subsection (b); 

15 (2) the total number of and the positions of the 

16 persons paid at the rate determined under the au17 thority provided by subsection (c); 

18 (3) how the authority provided by subsections 

19 (b) and (c) is being used, and has been used during 

20 the previous fiscal year, to address the hiring and 

21 retention needs of the Commission with respect to 

22 the positions described in those subsections to which 

23 that authority is applicable; and 

24 (4) if the authority provided by subsections (b) 

25 and (c) is not being used, or has not been used, the 


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1 reasons, including a justification, for not using that 

2 authority. 

3 SEC. 502. COMMISSION CORPORATE SUPPORT FUNDING. 

4 (a) REPORT.—Not later than 180 days after the date 

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

6 the appropriate committees of Congress and make publicly 

7 available a report that describes— 

8 (1) the progress on the implementation of sec9 tion 102(a)(3) of the Nuclear Energy Innovation 

10 and Modernization Act (42 U.S.C. 2215(a)(3)); and 

11 (2) whether the Commission is meeting and is 

12 expected to meet the total budget authority caps re13 quired for corporate support under that section. 

14 (b) LIMITATION ON CORPORATE SUPPORT COSTS.— 

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

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

17 striking subparagraphs (B) and (C) and inserting the fol18 lowing: 

19 ‘‘(B) 30 percent for fiscal year 2024 and 

20 each fiscal year thereafter.’’. 

21 (c) CORPORATE SUPPORT COSTS CLARIFICATION.— 

22 Paragraph (9) of section 3 of the Nuclear Energy Innova23 tion and Modernization Act (42 U.S.C. 2215 note; Public 

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

25 amended— 


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1 (1) by striking ‘‘The term’’ and inserting the 

2 following: 

3 ‘‘(A) IN GENERAL.—The term’’; and 

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

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

6 support costs’ does not include— 

7 ‘‘(i) costs for rent and utilities relat8 ing to any and all space in the Three 

9 White Flint North building that is not oc10 cupied by the Commission; or 

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

12 other support for the Office of the Com13 mission.’’. 

14 SEC. 503. PERFORMANCE AND REPORTING UPDATE. 

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

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

17 (1) in paragraph (3)— 

18 (A) in the paragraph heading, by striking 

19 ‘‘180’’ and inserting ‘‘90’’; and 

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

21 and 

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

23 ‘‘(4) PERIODIC UPDATES TO METRICS AND

24 SCHEDULES.— 


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

2 frequently than once every 3 years, the Com3 mission shall review and assess, based on the li4 censing and regulatory activities of the Com5 mission, the performance metrics and milestone 

6 schedules established under paragraph (1). 

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

8 assessment under subparagraph (A), the Com9 mission shall revise and improve, as appro10 priate, the performance metrics and milestone 

11 schedules described in that subparagraph to 

12 provide the most efficient metrics and schedules 

13 reasonably achievable.’’. 

14 TITLE VI—MISCELLANEOUS 

15 SEC. 601. NUCLEAR CLOSURE COMMUNITIES. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COMMUNITY ADVISORY BOARD.—The term 

18 ‘‘community advisory board’’ means a community 

19 committee or other advisory organization that aims 

20 to foster communication and information exchange 

21 between a licensee planning for and involved in de22 commissioning activities and members of the com23 munity that decommissioning activities may affect. 

24 (2) DECOMMISSION.—The term ‘‘decommis25 sion’’ has the meaning given the term in section 


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1 50.2 of title 10, Code of Federal Regulations (or 

2 successor regulations). 

3 (3) ELIGIBLE RECIPIENT.—The term ‘‘eligible 

4 recipient’’ has the meaning given the term in section 

5 3 of the Public Works and Economic Development 

6 Act of 1965 (42 U.S.C. 3122). 

7 (4) LICENSEE.—The term ‘‘licensee’’ has the 

8 meaning given the term in section 50.2 of title 10, 

9 Code of Federal Regulations (or successor regula10 tions). 

11 (5) NUCLEAR CLOSURE COMMUNITY.—The 

12 term ‘‘nuclear closure community’’ means a unit of 

13 local government, including a county, city, town, vil14 lage, school district, or special district, that has been 

15 impacted, or reasonably demonstrates to the satis16 faction of the Secretary that it will be impacted, by 

17 a nuclear power plant licensed by the Commission 

18 that— 

19 (A) is not co-located with an operating nu20 clear power plant; 

21 (B) is at a site with spent nuclear fuel; 

22 and 

23 (C) as of the date of enactment of this 

24 Act— 

25 (i) has ceased operations; or 


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1 (ii) has provided a written notification 

2 to the Commission that it will cease oper3 ations. 

4 (6) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Commerce, acting through the As6 sistant Secretary of Commerce for Economic Devel7 opment. 

8 (b) ESTABLISHMENT.—Not later than 180 days after 

9 the date of enactment of this Act, the Secretary shall es10 tablish a grant program to provide grants to eligible re11 cipients— 

12 (1) to assist with economic development in nu13 clear closure communities; and 

14 (2) to fund community advisory boards in nu15 clear closure communities. 

16 (c) REQUIREMENT.—In carrying out this section, to 

17 the maximum extent practicable, the Secretary shall im18 plement the recommendations described in the report sub19 mitted to Congress under section 108 of the Nuclear En20 ergy Innovation and Modernization Act (Public Law 115– 

21 439; 132 Stat. 5577) entitled ‘‘Best Practices for Estab22 lishment and Operation of Local Community Advisory 

23 Boards Associated with Decommissioning Activities at 

24 Nuclear Power Plants’’. 


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1 (d) DISTRIBUTION OF FUNDS.—The Secretary shall 

2 establish a formula to ensure, to the maximum extent 

3 practicable, geographic diversity among grant recipients 

4 under this section. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—There are authorized to be 

7 appropriated to the Secretary— 

8 (A) to carry out subsection (b)(1), 

9 $35,000,000 for each of fiscal years 2023 

10 through 2028; and 

11 (B) to carry out subsection (b)(2), 

12 $5,000,000 for each of fiscal years 2023 

13 through 2025. 

14 (2) AVAILABILITY.—Amounts made available 

15 under this section shall remain available for a period 

16 of 5 years beginning on the date on which the 

17 amounts are made available. 

18 (3) NO OFFSET.—None of the funds made 

19 available under this section may be used to offset 

20 the funding for any other Federal program. 

21 SEC. 602. TECHNICAL CORRECTION. 

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

23 U.S.C. 2134(c)) is amended— 

24 (1) by striking the third sentence and inserting 

25 the following: 


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1 ‘‘(3) LIMITATION ON UTILIZATION FACILI2 TIES.—The Commission may issue a license under 

3 this section for a utilization facility useful in the 

4 conduct of research and development activities of the 

5 types specified in section 31 if— 

6 ‘‘(A) not more than 75 percent of the an7 nual costs to the licensee of owning and oper8 ating the facility are devoted to the sale, other 

9 than for research and development or education 

10 and training, of— 

11 ‘‘(i) nonenergy services; 

12 ‘‘(ii) energy; or 

13 ‘‘(iii) a combination of nonenergy 

14 services and energy; and 

15 ‘‘(B) not more than 50 percent of the an16 nual costs to the licensee of owning and oper17 ating the facility are devoted to the sale of en18 ergy.’’; 

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

20 Commission’’ and inserting the following: 

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

22 (3) by striking ‘‘c. The Commission’’ and in23 serting the following: 

24 ‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 


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

2 and (3), the Commission’’. 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ac5 celerating Deployment of Versatile, Advanced Nuclear for 

6 Clean Energy Act of 2023’’ or the ‘‘ADVANCE Act of 

7 2023’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—AMERICAN NUCLEAR LEADERSHIP 

Sec. 101. International nuclear reactor export and innovation activities. 

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

Sec. 103. Export license requirements. 

Sec. 104. Coordinated international engagement. 

TITLE II—DEVELOPING AND DEPLOYING NEW NUCLEAR 

TECHNOLOGIES 

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

Sec. 202. Advanced nuclear reactor prizes. 

Sec. 203. Report on unique licensing considerations relating to the use of nuclear 

energy for nonelectric applications. 

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

infrastructure sites. 

Sec. 205. Clarification on fusion regulation. 

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

Sec. 207. Appalachian Regional Commission nuclear energy development. 

TITLE III—PRESERVING EXISTING NUCLEAR ENERGY GENERATION 

Sec. 301. Investment by allies. 

Sec. 302. Extension of the Price-Anderson Act. 

TITLE IV—NUCLEAR FUEL CYCLE, SUPPLY CHAIN, 

INFRASTRUCTURE, AND WORKFORCE 

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

Sec. 402. Nuclear energy traineeship. 


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Sec. 403. Report on Commission readiness and capacity to license additional conversion and enrichment capacity to reduce reliance on uranium 

from Russia. 

Sec. 404. Annual report on the spent nuclear fuel and high-level radioactive waste 

inventory in the United States. 

Sec. 405. Authorization of appropriations for superfund actions at abandoned 

mining sites on Tribal land. 

Sec. 406. Development, qualification, and licensing of advanced nuclear fuel concepts. 

TITLE V—IMPROVING COMMISSION EFFICIENCY 

Sec. 501. Commission workforce. 

Sec. 502. Commission corporate support funding. 

Sec. 503. Performance and reporting update. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Nuclear closure communities. 

Sec. 602. Technical correction. 

Sec. 603. Report on engagement with the Government of Canada with respect to 

nuclear waste issues in the Great Lakes Basin. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

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

7 Stat. 5577). 

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

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

13 (A) advanced nuclear reactor fuel; and 

14 (B) accident tolerant fuel. 


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1 (4) ADVANCED NUCLEAR REACTOR.—The term 

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

3 term in section 3 of the Nuclear Energy Innovation 

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

5 Law 115–439). 

6 (5) ADVANCED NUCLEAR REACTOR FUEL.—The 

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

8 given the term in section 3 of the Nuclear Energy In9 novation and Modernization Act (42 U.S.C. 2215 

10 note; Public Law 115–439). 

11 (6) APPROPRIATE COMMITTEES OF CONGRESS.— 

12 The term ‘‘appropriate committees of Congress’’ 

13 means— 

14 (A) the Committee on Environment and 

15 Public Works of the Senate; and 

16 (B) the Committee on Energy and Com17 merce of the House of Representatives. 

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

19 means the Nuclear Regulatory Commission. 

20 (8) INSTITUTION OF HIGHER EDUCATION.—The 

21 term ‘‘institution of higher education’’ has the mean22 ing given the term in section 101(a) of the Higher 

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

24 (9) NATIONAL LABORATORY.—The term ‘‘Na25 tional Laboratory’’ has the meaning given the term in 


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

2 15801). 

3 TITLE I—AMERICAN NUCLEAR 

4 LEADERSHIP 

5 SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 

6 AND INNOVATION ACTIVITIES. 

7 (a) COORDINATION.— 

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

9 (A) coordinate all work of the Commission 

10 relating to— 

11 (i) nuclear reactor import and export 

12 licensing; and 

13 (ii) international regulatory coopera14 tion and assistance relating to nuclear reac15 tors, including with countries that are 

16 members of— 

17 (I) the Organisation for Economic 

18 Co-operation and Development; or 

19 (II) the Nuclear Energy Agency; 

20 and 

21 (B) support interagency and international 

22 coordination with respect to— 

23 (i) the consideration of international 

24 technical standards to establish the licensing 

25 and regulatory basis to assist the design, 


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1 construction, and operation of nuclear sys2 tems; 

3 (ii) efforts to help build competent nu4 clear regulatory organizations and legal 

5 frameworks in countries seeking to develop 

6 nuclear power; and 

7 (iii) exchange programs and training 

8 provided to other countries relating to nu9 clear regulation and oversight to improve 

10 nuclear technology licensing, in accordance 

11 with paragraph (2). 

12 (2) EXCHANGE PROGRAMS AND TRAINING.—With 

13 respect to the exchange programs and training de14 scribed in paragraph (1)(B)(iii), the Commission 

15 shall coordinate, as applicable, with— 

16 (A) the Secretary of Energy; 

17 (B) National Laboratories; 

18 (C) the private sector; and 

19 (D) institutions of higher education. 

20 (b) AUTHORITY TO ESTABLISH BRANCH.—The Com21 mission may establish within the Office of International 

22 Programs a branch, to be known as the ‘‘International Nu23 clear Reactor Export and Innovation Branch’’, to carry out 

24 such international nuclear reactor export and innovation 


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1 activities as the Commission determines to be appropriate 

2 and within the mission of the Commission. 

3 (c) EXCLUSION OF INTERNATIONAL ACTIVITIES FROM

4 THE FEE BASE.— 

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

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

7 2215) is amended— 

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

9 the following: 

10 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EXPORT

11 AND INNOVATION ACTIVITIES.—The Commission shall 

12 identify in the annual budget justification inter13 national nuclear reactor export and innovation ac14 tivities described in section 101(a) of the ADVANCE 

15 Act of 2023.’’; and 

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

17 the end the following: 

18 ‘‘(iv) Costs for international nuclear 

19 reactor export and innovation activities de20 scribed in section 101(a) of the ADVANCE 

21 Act of 2023.’’. 

22 (2) EFFECTIVE DATE.—The amendments made 

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


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

2 the authority of the Commission to license and regulate the 

3 civilian use of radioactive materials. 

4 SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 

5 NATIONAL SECURITY PURPOSES. 

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

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

8 fabricated into fuel assemblies for nuclear reactors by an 

9 entity that— 

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

11 the Russian Federation or the Government of the Peo12 ple’s Republic of China; or 

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

14 subject to the jurisdiction of, the Russian Federation 

15 or the People’s Republic of China. 

16 (b) PROHIBITION ON UNLICENSED POSSESSION OR

17 OWNERSHIP OF COVERED FUEL.—Unless specifically au18 thorized by the Commission in a license issued under sec19 tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 2073) 

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

21 successor regulations), no person subject to the jurisdiction 

22 of the Commission may possess or own covered fuel. 

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

24 (1) CONSULTATION REQUIRED PRIOR TO

25 ISSUANCE.—The Commission shall not issue a license 


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

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

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

4 successor regulations), unless the Commission has first 

5 consulted with the Secretary of Energy and the Sec6 retary of State before issuing the license. 

7 (2) PROHIBITION ON ISSUANCE OF LICENSE.— 

8 (A) IN GENERAL.—Subject to subparagraph 

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

10 not be issued if the Secretary of Energy and the 

11 Secretary of State make the determination de12 scribed in subparagraph (B). 

13 (B) DETERMINATION.— 

14 (i) IN GENERAL.—The determination 

15 referred to in subparagraph (A) is a deter16 mination that possession or ownership, as 

17 applicable, of covered fuel poses a threat to 

18 the national security of the United States 

19 that adversely impacts the physical and eco20 nomic security of the United States. 

21 (ii) JOINT DETERMINATION.—A deter22 mination described in clause (i) shall be 

23 jointly made by the Secretary of Energy 

24 and the Secretary of State. 

25 (iii) TIMELINE.— 


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1 (I) NOTICE OF APPLICATION.—Not 

2 later than 30 days after the date on 

3 which the Commission receives an ap4 plication for a license to possess or 

5 own covered fuel, the Commission shall 

6 notify the Secretary of Energy and the 

7 Secretary of State of the application. 

8 (II) DETERMINATION.—The Sec9 retary of Energy and the Secretary of 

10 State shall have a period of 180 days, 

11 beginning on the date on which the 

12 Commission notifies the Secretary of 

13 Energy and the Secretary of State 

14 under subclause (I) of an application 

15 for a license to possess or own covered 

16 fuel, in which to make the determina17 tion described in clause (i). 

18 (III) COMMISSION NOTIFICA19 TION.—On making the determination 

20 described in clause (i), the Secretary of 

21 Energy and the Secretary of State 

22 shall immediately notify the Commis23 sion. 

24 (IV) CONGRESSIONAL NOTIFICA25 TION.—Not later than 30 days after 


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1 the date on which the Secretary of En2 ergy and the Secretary of State notify 

3 the Commission under subclause (III), 

4 the Commission shall notify the appro5 priate committees of Congress of the 

6 determination. 

7 (V) PUBLIC NOTICE.—Not later 

8 than 15 days after the date on which 

9 the Commission notifies Congress 

10 under subclause (IV) of a determina11 tion made under clause (i), the Com12 mission shall make that determination 

13 publicly available. 

14 (C) EFFECT OF NO DETERMINATION.—The 

15 prohibition described in subparagraph (A) shall 

16 not apply if the Secretary of Energy and the 

17 Secretary of State do not make the determina18 tion described in subparagraph (B) by the date 

19 described in clause (iii)(II) of that subpara20 graph. 

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

22 any treaty or international agreement in effect on the date 

23 of enactment of this Act. 


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1 SEC. 103. EXPORT LICENSE REQUIREMENTS. 

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

3 this section, the term ‘‘low-enriched uranium’’ means ura4 nium enriched to less than 20 percent of the uranium-235 

5 isotope. 

6 (b) REQUIREMENT.—The Commission shall not issue 

7 an export license for the transfer of any item described in 

8 subsection (d) to a country described in subsection (c) unless 

9 the Commission makes a determination that such transfer 

10 will not be inimical to the common defense and security 

11 of the United States. 

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

13 subsection (b) is a country that— 

14 (1) has not concluded and ratified an Additional 

15 Protocol to its safeguards agreement with the Inter16 national Atomic Energy Agency; or 

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

18 to the Convention on the Physical Protection of Nu19 clear Material, adopted at Vienna October 26, 1979, 

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

21 (TIAS 11080), described in the information circular 

22 of the International Atomic Energy Agency numbered 

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

24 (TIAS 16–508). 

25 (d) ITEMS DESCRIBED.—An item referred to in sub26 section (b) includes— 


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1 (1) unirradiated nuclear fuel containing special 

2 nuclear material (as defined in section 11 of the 

3 Atomic Energy Act of 1954 (42 U.S.C. 2014)), exclud4 ing low-enriched uranium; 

5 (2) a nuclear reactor that uses nuclear fuel de6 scribed in paragraph (1); and 

7 (3) any plant or component listed in Appendix 

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

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

10 (A) the reprocessing of irradiated nuclear 

11 reactor fuel elements; 

12 (B) the separation of plutonium; or 

13 (C) the separation of the uranium-233 iso14 tope. 

15 (e) NOTIFICATION.—If the Commission makes a deter16 mination under subsection (b) that the transfer of any item 

17 described in subsection (d) to a country described in sub18 section (c) will not be inimical to the common defense and 

19 security of the United States, the Commission shall notify 

20 the appropriate committees of Congress. 

21 SEC. 104. COORDINATED INTERNATIONAL ENGAGEMENT. 

22 (a) DEFINITIONS.—In this section: 

23 (1) EMBARKING CIVIL NUCLEAR NATION.— 

24 (A) IN GENERAL.—The term ‘‘embarking 

25 civil nuclear nation’’ means a country that— 


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1 (i) does not have a civil nuclear pro2 gram; 

3 (ii) is in the process of developing or 

4 expanding a civil nuclear program, includ5 ing safeguards and a legal and regulatory 

6 framework; or 

7 (iii) is in the process of selecting, de8 veloping, constructing, or utilizing an ad9 vanced nuclear reactor or advanced civil 

10 nuclear technologies. 

11 (B) EXCLUSIONS.—The term ‘‘embarking 

12 civil nuclear nation’’ does not include— 

13 (i) the People’s Republic of China; 

14 (ii) the Russian Federation; 

15 (iii) the Republic of Belarus; 

16 (iv) the Islamic Republic of Iran; 

17 (v) the Democratic People’s Republic of 

18 Korea; 

19 (vi) the Republic of Cuba; 

20 (vii) the Bolivarian Republic of Ven21 ezuela; 

22 (viii) the Syrian Arab Republic; 

23 (ix) Burma; or 

24 (x) any other country— 


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1 (I) the property or interests in 

2 property of the government of which 

3 are blocked pursuant to the Inter4 national Emergency Economic Powers 

5 Act (50 U.S.C. 1701 et seq.); or 

6 (II) the government of which the 

7 Secretary of State has determined has 

8 repeatedly provided support for acts of 

9 international terrorism for purposes 

10 of— 

11 (aa) section 620A(a) of the 

12 Foreign Assistance Act of 1961 

13 (22 U.S.C. 2371(a)); 

14 (bb) section 40(d) of the 

15 Arms Export Control Act (22 

16 U.S.C. 2780(d)); 

17 (cc) section 1754(c)(1)(A)(i) 

18 of the Export Control Reform Act 

19 of 2018 (50 U.S.C. 

20 4813(c)(1)(A)(i)); or 

21 (dd) any other relevant pro22 vision of law. 

23 (2) SECRETARIES.—The term ‘‘Secretaries’’ 

24 means the Secretary of Commerce and the Secretary 

25 of Energy, acting— 


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1 (A) in consultation with each other; and 

2 (B) in coordination with— 

3 (i) the Secretary of State; 

4 (ii) the Commission; 

5 (iii) the Secretary of the Treasury; 

6 (iv) the President of the Export-Import 

7 Bank of the United States; and 

8 (v) officials of other Federal agencies, 

9 as the Secretary of Commerce determines to 

10 be appropriate. 

11 (3) U.S. NUCLEAR ENERGY COMPANY.—The term 

12 ‘‘U.S. nuclear energy company’’ means a company 

13 that— 

14 (A) is organized under the laws of, or other15 wise subject to the jurisdiction of, the United 

16 States; and 

17 (B) is involved in the nuclear energy indus18 try. 

19 (b) INTERNATIONAL CIVIL NUCLEAR MODERNIZATION

20 INITIATIVE.— 

21 (1) IN GENERAL.—The Secretaries shall establish 

22 and carry out, in accordance with applicable nuclear 

23 technology export laws (including regulations), an 

24 international initiative to modernize civil nuclear 

25 outreach to embarking civil nuclear nations. 


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1 (2) ACTIVITIES.—In carrying out the initiative 

2 described in paragraph (1)— 

3 (A) the Secretary of Commerce shall— 

4 (i) expand outreach by the Executive 

5 Branch to the private investment commu6 nity to create public-private financing rela7 tionships to assist in the export of civil nu8 clear technology to embarking civil nuclear 

9 nations; 

10 (ii) seek to coordinate, to the max11 imum extent practicable, the work carried 

12 out by each of— 

13 (I) the Commission; 

14 (II) the Department of Energy; 

15 (III) the Department of State; 

16 (IV) the Nuclear Energy Agency; 

17 (V) the International Atomic En18 ergy Agency; and 

19 (VI) other agencies, as the Sec20 retary of Commerce determines to be 

21 appropriate; and 

22 (iii) improve the regulatory framework 

23 to allow for the efficient and expeditious ex24 porting and importing of items under the 


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1 jurisdiction of the Secretary of Commerce; 

2 and 

3 (B) the Secretary of Energy shall— 

4 (i) assist nongovernmental organiza5 tions and appropriate offices, administra6 tions, agencies, laboratories, and programs 

7 of the Federal Government in providing 

8 education and training to foreign govern9 ments in nuclear safety, security, and safe10 guards— 

11 (I) through engagement with the 

12 International Atomic Energy Agency; 

13 or 

14 (II) independently, if the applica15 ble nongovernmental organization, of16 fice, administration, agency, labora17 tory, or program determines that it 

18 would be more advantageous under the 

19 circumstances to provide the applicable 

20 education and training independently; 

21 (ii) assist the efforts of the Inter22 national Atomic Energy Agency to expand 

23 the support provided by the International 

24 Atomic Energy Agency to embarking civil 


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1 nuclear nations for nuclear safety, security, 

2 and safeguards; and 

3 (iii) assist U.S. nuclear energy compa4 nies to integrate security and safeguards by 

5 design in international outreach carried out 

6 by those U.S. nuclear energy companies. 

7 (c) REPORT.—Not later than 2 years after the date of 

8 enactment of this Act, the Secretary of Commerce, in con9 sultation with the Secretary of Energy, shall submit to Con10 gress a report describing the activities carried out under 

11 this section. 

12 TITLE II—DEVELOPING AND DE13 PLOYING NEW NUCLEAR 

14 TECHNOLOGIES 

15 SEC. 201. FEES FOR ADVANCED NUCLEAR REACTOR APPLI16 CATION REVIEW. 

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

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

19 Public Law 115–439) is amended— 

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

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

22 (16), (17), (18), (19), (20), and (21), respectively; 

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


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1 ‘‘(2) ADVANCED NUCLEAR REACTOR APPLI2 CANT.—The term ‘advanced nuclear reactor appli3 cant’ means an entity that has submitted to the Com4 mission an application to receive a license for an ad5 vanced nuclear reactor under the Atomic Energy Act 

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

7 (3) by inserting after paragraph (3) (as so redes8 ignated) the following: 

9 ‘‘(4) ADVANCED NUCLEAR REACTOR PRE-APPLI10 CANT.—The term ‘advanced nuclear reactor pre-appli11 cant’ means an entity that has submitted to the Com12 mission a licensing project plan for the purposes of 

13 submitting a future application to receive a license 

14 for an advanced nuclear reactor under the Atomic 

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

16 ‘‘(5) AGENCY SUPPORT.—The term ‘agency sup17 port’ means the resources of the Commission that are 

18 located in executive, administrative, and other sup19 port offices of the Commission, as described in the 

20 document of the Commission entitled ‘FY 2022 Final 

21 Fee Rule Work Papers’ (or a successor document).’’; 

22 (4) by inserting after paragraph (10) (as so re23 designated) the following: 

24 ‘‘(11) HOURLY RATE FOR MISSION-DIRECT PRO25 GRAM SALARIES AND BENEFITS FOR THE NUCLEAR


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1 REACTOR SAFETY PROGRAM.—The term ‘hourly rate 

2 for mission-direct program salaries and benefits for 

3 the Nuclear Reactor Safety Program’ means the 

4 quotient obtained by dividing— 

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

6 the meaning of the document of the Commission 

7 entitled ‘FY 2022 Final Fee Rule Work Papers’ 

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

9 program salaries and benefits for the Nuclear 

10 Reactor Safety Program (as determined by the 

11 Commission) for a fiscal year; by 

12 ‘‘(B) the productive hours assumption for 

13 that fiscal year, determined in accordance with 

14 the formula established in the document referred 

15 to in subparagraph (A) (or a successor docu16 ment).’’; and 

17 (5) by inserting after paragraph (12) (as so re18 designated) the following: 

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

20 BENEFITS FOR THE NUCLEAR REACTOR SAFETY PRO21 GRAM.—The term ‘mission-direct program salaries 

22 and benefits for the Nuclear Reactor Safety Program’ 

23 means the resources of the Commission that are allo24 cated to the Nuclear Reactor Safety Program (as de25 termined by the Commission) to perform core work 


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1 activities committed to fulfilling the mission of the 

2 Commission, as described in the document of the 

3 Commission entitled ‘FY 2022 Final Fee Rule Work 

4 Papers’ (or a successor document). 

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

6 The term ‘mission-indirect program support’ means 

7 the resources of the Commission that support the core 

8 mission-direct activities for the Nuclear Reactor Safe9 ty Program of the Commission (as determined by the 

10 Commission), as described in the document of the 

11 Commission entitled ‘FY 2022 Final Fee Rule Work 

12 Papers’ (or a successor document).’’. 

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

14 the Nuclear Energy Innovation and Modernization Act (42 

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

16 is amended by adding at the end the following: 

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

18 program support and agency support that, 

19 under paragraph (2)(B), may not be in20 cluded in the hourly rate charged for fees 

21 assessed to advanced nuclear reactor appli22 cants. 

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

24 program support and agency support that, 

25 under paragraph (2)(C), may not be inVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\S1111.RS S1111

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1 cluded in the hourly rate charged for fees 

2 assessed to advanced nuclear reactor pre-ap3 plicants.’’. 

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

5 102(b) of the Nuclear Energy Innovation and Moderniza6 tion Act (42 U.S.C. 2215(b)) is amended by striking para7 graph (2) and inserting the following: 

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

9 ‘‘(A) IN GENERAL.—In accordance with sec10 tion 9701 of title 31, United States Code, the 

11 Commission shall assess and collect fees from 

12 any person who receives a service or thing of 

13 value from the Commission to cover the costs to 

14 the Commission of providing the service or thing 

15 of value. 

16 ‘‘(B) ADVANCED NUCLEAR REACTOR APPLI17 CANTS.—The hourly rate charged for fees assessed 

18 to advanced nuclear reactor applicants under 

19 this paragraph relating to the review of a sub20 mitted application described in section 3(1) shall 

21 not exceed the hourly rate for mission-direct pro22 gram salaries and benefits for the Nuclear Reac23 tor Safety Program. 

24 ‘‘(C) ADVANCED NUCLEAR REACTOR PRE-AP25 PLICANTS.—The hourly rate charged for fees asVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 E:\BILLS\S1111.RS S1111

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1 sessed to advanced nuclear reactor pre-applicants 

2 under this paragraph relating to the review of 

3 submitted materials as described in the licensing 

4 project plan of an advanced nuclear reactor pre5 applicant shall not exceed the hourly rate for 

6 mission-direct program salaries and benefits for 

7 the Nuclear Reactor Safety Program.’’. 

8 (d) SUNSET.—Section 102 of the Nuclear Energy In9 novation and Modernization Act (42 U.S.C. 2215) is 

10 amended by adding at the end the following: 

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

12 (1)(B)(vi) and (2)(C) of subsection (b) shall cease to be effec13 tive on September 30, 2029.’’. 

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

15 section shall take effect on October 1, 2024. 

16 SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES. 

17 Section 103 of the Nuclear Energy Innovation and 

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

19 is amended by adding at the end the following: 

20 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI21 CENSING.— 

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

23 subsection, the term ‘eligible entity’ means— 

24 ‘‘(A) a non-Federal entity; and 

25 ‘‘(B) the Tennessee Valley Authority. 


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1 ‘‘(2) PRIZE FOR ADVANCED NUCLEAR REACTOR

2 LICENSING.— 

3 ‘‘(A) IN GENERAL.—Notwithstanding sec4 tion 169 of the Atomic Energy Act of 1954 (42 

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

6 appropriations, the Secretary is authorized to 

7 make, with respect to each award category de8 scribed in subparagraph (C), an award in an 

9 amount described in subparagraph (B) to the 

10 first eligible entity— 

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

12 operating license for an advanced nuclear 

13 reactor under part 50 of title 10, Code of 

14 Federal Regulations (or successor regula15 tions), for which an application has not 

16 been approved by the Commission as of the 

17 date of enactment of this subsection; or 

18 ‘‘(ii) for which the Commission makes 

19 a finding described in section 52.103(g) of 

20 title 10, Code of Federal Regulations (or 

21 successor regulations), with respect to a 

22 combined license for an advanced nuclear 

23 reactor— 


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1 ‘‘(I) that is issued under subpart 

2 C of part 52 of that title (or successor 

3 regulations); and 

4 ‘‘(II) for which an application 

5 has not been approved by the Commis6 sion as of the date of enactment of this 

7 subsection. 

8 ‘‘(B) AMOUNT OF AWARD.—An award under 

9 subparagraph (A) shall be in an amount equal 

10 to the total amount assessed by the Commission 

11 and collected under section 102(b)(2) from the el12 igible entity receiving the award for costs relat13 ing to the issuance of the license described in 

14 that subparagraph, including, as applicable, 

15 costs relating to the issuance of an associated 

16 construction permit described in section 50.23 of 

17 title 10, Code of Federal Regulations (or suc18 cessor regulations), or early site permit (as de19 fined in section 52.1 of that title (or successor 

20 regulations)). 

21 ‘‘(C) AWARD CATEGORIES.—An award 

22 under subparagraph (A) may be made for— 

23 ‘‘(i) the first advanced nuclear reactor 

24 for which the Commission— 


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1 ‘‘(I) issues a license in accordance 

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

3 ‘‘(II) makes a finding in accord4 ance with clause (ii) of that subpara5 graph; 

6 ‘‘(ii) an advanced nuclear reactor 

7 that— 

8 ‘‘(I) uses isotopes derived from 

9 spent nuclear fuel (as defined in sec10 tion 2 of the Nuclear Waste Policy Act 

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

12 uranium as fuel for the advanced nu13 clear reactor; and 

14 ‘‘(II) is the first advanced nuclear 

15 reactor described in subclause (I) for 

16 which the Commission— 

17 ‘‘(aa) issues a license in ac18 cordance with clause (i) of sub19 paragraph (A); or 

20 ‘‘(bb) makes a finding in ac21 cordance with clause (ii) of that 

22 subparagraph; 

23 ‘‘(iii) an advanced nuclear reactor 

24 that— 


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1 ‘‘(I) is a nuclear integrated en2 ergy system— 

3 ‘‘(aa) that is composed of 2 

4 or more co-located or jointly oper5 ated subsystems of energy genera6 tion, energy storage, or other tech7 nologies; 

8 ‘‘(bb) in which not fewer 

9 than 1 subsystem described in 

10 item (aa) is a nuclear energy sys11 tem; and 

12 ‘‘(cc) the purpose of which 

13 is— 

14 ‘‘(AA) to reduce green15 house gas emissions in both 

16 the power and nonpower sec17 tors; and 

18 ‘‘(BB) to maximize en19 ergy production and effi20 ciency; and 

21 ‘‘(II) is the first advanced nuclear 

22 reactor described in subclause (I) for 

23 which the Commission— 


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

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

6 subparagraph; 

7 ‘‘(iv) an advanced reactor that— 

8 ‘‘(I) operates flexibly to generate 

9 electricity or high temperature process 

10 heat for nonelectric applications; and 

11 ‘‘(II) is the first advanced nuclear 

12 reactor described in subclause (I) for 

13 which the Commission— 

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

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

19 subparagraph; and 

20 ‘‘(v) the first advanced nuclear reactor 

21 for which the Commission grants approval 

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

25 ‘‘(3) FEDERAL FUNDING LIMITATIONS.— 


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

2 paragraph, the term ‘Federal funds’ does not in3 clude funds received under the power program of 

4 the Tennessee Valley Authority. 

5 ‘‘(B) LIMITATION ON AMOUNTS EX6 PENDED.—An award under this subsection shall 

7 not exceed the total amount expended (excluding 

8 any expenditures made with Federal funds re9 ceived for the applicable project and an amount 

10 equal to the minimum cost-share required under 

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

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

13 the award for licensing costs relating to the 

14 project for which the award is made. 

15 ‘‘(C) REPAYMENT AND DIVIDENDS NOT RE16 QUIRED.—Notwithstanding section 9104(a)(4) of 

17 title 31, United States Code, or any other provi18 sion of law, an eligible entity that receives an 

19 award under this subsection shall not be re20 quired— 

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

22 of that award; or 

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

24 other similar payment based on the sum of 

25 that award.’’. 


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1 SEC. 203. REPORT ON UNIQUE LICENSING CONSIDER2 ATIONS RELATING TO THE USE OF NUCLEAR 

3 ENERGY FOR NONELECTRIC APPLICATIONS. 

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

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

6 to the appropriate committees of Congress a report (referred 

7 to in this section as the ‘‘report’’) addressing any unique 

8 licensing issues or requirements relating to— 

9 (1) the flexible operation of nuclear reactors, 

10 such as ramping power output and switching between 

11 electricity generation and nonelectric applications; 

12 (2) the use of advanced nuclear reactors exclu13 sively for nonelectric applications; and 

14 (3) the colocation of nuclear reactors with indus15 trial plants or other facilities. 

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

17 the Commission shall seek input from— 

18 (1) the Secretary of Energy; 

19 (2) the nuclear energy industry; 

20 (3) technology developers; 

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

22 (5) nongovernmental organizations; and 

23 (6) other public stakeholders. 

24 (c) CONTENTS.— 

25 (1) IN GENERAL.—The report shall describe— 


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1 (A) any unique licensing issues or require2 ments relating to the matters described in para3 graphs (1) through (3) of subsection (a), includ4 ing, with respect to the nonelectric applications 

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

6 subsection, any licensing issues or requirements 

7 relating to the use of nuclear energy in— 

8 (i) hydrogen or other liquid and gas9 eous fuel or chemical production; 

10 (ii) water desalination and wastewater 

11 treatment; 

12 (iii) heat for industrial processes; 

13 (iv) district heating; 

14 (v) energy storage; 

15 (vi) industrial or medical isotope pro16 duction; and 

17 (vii) other applications, as identified 

18 by the Commission; 

19 (B) options for addressing those issues or 

20 requirements— 

21 (i) within the existing regulatory 

22 framework of the Commission; 

23 (ii) as part of the technology-inclusive 

24 regulatory framework required under sub25 section (a)(4) of section 103 of the Nuclear 


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1 Energy Innovation and Modernization Act 

2 (42 U.S.C. 2133 note; Public Law 115–439) 

3 or described in the report required under 

4 subsection (e) of that section (Public Law 

5 115–439; 132 Stat. 5575); or 

6 (iii) through a new rulemaking; and 

7 (C) the extent to which Commission action 

8 is needed to implement any matter described in 

9 the report. 

10 (2) COST ESTIMATES, BUDGETS, AND TIME11 FRAMES.—The report shall include cost estimates, 

12 proposed budgets, and proposed timeframes for imple13 menting risk-informed and performance-based regu14 latory guidance in the licensing of nuclear reactors 

15 for nonelectric applications. 

16 SEC. 204. ENABLING PREPARATIONS FOR THE DEMONSTRA17 TION OF ADVANCED NUCLEAR REACTORS ON 

18 DEPARTMENT OF ENERGY SITES OR CRITICAL 

19 NATIONAL SECURITY INFRASTRUCTURE 

20 SITES. 

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

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

23 2215(b)(1)(B)) (as amended by section 201(b)) is amended 

24 by adding at the end the following: 

25 ‘‘(vi) Costs for— 


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1 ‘‘(I) activities to review and ap2 prove or disapprove an application for 

3 an early site permit (as defined in sec4 tion 52.1 of title 10, Code of Federal 

5 Regulations (or a successor regula6 tion)) to demonstrate an advanced nu7 clear reactor on a Department of En8 ergy site or critical national security 

9 infrastructure (as defined in section 

10 327(d) of the John S. McCain National 

11 Defense Authorization Act for Fiscal 

12 Year 2019 (Public Law 115–232; 132 

13 Stat. 1722)) site; and 

14 ‘‘(II) pre-application activities re15 lating to an early site permit (as de16 fined in section 52.1 of title 10, Code 

17 of Federal Regulations (or a successor 

18 regulation)) to demonstrate an ad19 vanced nuclear reactor on a Depart20 ment of Energy site or critical na21 tional security infrastructure (as de22 fined in section 327(d) of the John S. 

23 McCain National Defense Authoriza24 tion Act for Fiscal Year 2019 (Public 

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


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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect on October 1, 2024. 

3 SEC. 205. CLARIFICATION ON FUSION REGULATION. 

4 Section 103(a)(4) of the Nuclear Energy Innovation 

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

6 115–439) is amended— 

7 (1) by striking ‘‘Not later’’ and inserting the fol8 lowing: 

9 ‘‘(A) IN GENERAL.—Not later’’; and 

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

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

12 For purposes of subparagraph (A), the term ‘ad13 vanced reactor applicant’ does not include an 

14 applicant seeking a license for a fusion reactor.’’. 

15 SEC. 206. REGULATORY ISSUES FOR NUCLEAR FACILITIES 

16 AT BROWNFIELD SITES. 

17 (a) DEFINITIONS.— 

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

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

20 of the Comprehensive Environmental Response, Com21 pensation, and Liability Act of 1980 (42 U.S.C. 

22 9601). 

23 (2) PRODUCTION FACILITY.—The term ‘‘produc24 tion facility’’ has the meaning given the term in secVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\S1111.RS S1111

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1 tion 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

2 2014). 

3 (3) RETIRED FOSSIL FUEL SITE.—The term ‘‘re4 tired fossil fuel site’’ means the site of 1 or more fossil 

5 fuel electric generation facilities that are retired or 

6 scheduled to retire, including multi-unit facilities that 

7 are partially shut down. 

8 (4) UTILIZATION FACILITY.—The term ‘‘utiliza9 tion facility’’ has the meaning given the term in sec10 tion 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

11 2014). 

12 (b) IDENTIFICATION OF REGULATORY ISSUES.— 

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

14 the date of enactment of this Act, the Commission 

15 shall evaluate the extent to which modification of reg16 ulations, guidance, or policy is needed to enable time17 ly licensing reviews for, and to support the oversight 

18 of, production facilities or utilization facilities at 

19 brownfield sites. 

20 (2) REQUIREMENT.—In carrying out paragraph 

21 (1), the Commission shall consider how licensing re22 views for production facilities or utilization facilities 

23 at brownfield sites may be expedited by considering 

24 matters relating to siting and operating a production 


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1 facility or a utilization facility at or near a retired 

2 fossil fuel site to support— 

3 (A) the reuse of existing site infrastructure, 

4 including— 

5 (i) electric switchyard components and 

6 transmission infrastructure; 

7 (ii) heat-sink components; 

8 (iii) steam cycle components; 

9 (iv) roads; 

10 (v) railroad access; and 

11 (vi) water availability; 

12 (B) the use of early site permits; 

13 (C) the utilization of plant parameter enve14 lopes or similar standardized site parameters on 

15 a portion of a larger site; and 

16 (D) the use of a standardized application 

17 for similar sites. 

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

19 date of enactment of this Act, the Commission shall 

20 submit to the appropriate committees of Congress a 

21 report describing any regulations, guidance, and poli22 cies identified under paragraph (1). 

23 (c) LICENSING.— 


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

2 the date of enactment of this Act, the Commission 

3 shall— 

4 (A) develop and implement strategies to en5 able timely licensing reviews for, and to support 

6 the oversight of, production facilities or utiliza7 tion facilities at brownfield sites, including re8 tired fossil fuel sites; or 

9 (B) initiate a rulemaking to enable timely 

10 licensing reviews for, and to support the over11 sight of, of production facilities or utilization fa12 cilities at brownfield sites, including retired fos13 sil fuel sites. 

14 (2) REQUIREMENTS.—In carrying out para15 graph (1), consistent with the mission of the Commis16 sion, the Commission shall consider matters relating 

17 to— 

18 (A) the use of existing site infrastructure; 

19 (B) existing emergency preparedness orga20 nizations and planning; 

21 (C) the availability of historical site-specific 

22 environmental data; 

23 (D) previously approved environmental re24 views required by the National Environmental 

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


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1 (E) activities associated with the potential 

2 decommissioning of facilities or decontamination 

3 and remediation at brownfield sites; and 

4 (F) community engagement and historical 

5 experience with energy production. 

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

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

8 the appropriate committees of Congress a report describing 

9 the actions taken by the Commission under subsection (c). 

10 SEC. 207. APPALACHIAN REGIONAL COMMISSION NUCLEAR 

11 ENERGY DEVELOPMENT. 

12 (a) IN GENERAL.—Subchapter I of chapter 145 of sub13 title IV of title 40, United States Code, is amended by add14 ing at the end the following: 

15 ‘‘§ 14512. Appalachian Regional Commission nuclear 

16 energy development 

17 ‘‘(a) DEFINITIONS.—In this section: 

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

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

20 of the Comprehensive Environmental Response, Com21 pensation, and Liability Act of 1980 (42 U.S.C. 

22 9601). 

23 ‘‘(2) PRODUCTION FACILITY.—The term ‘produc24 tion facility’ has the meaning given the term in secVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\S1111.RS S1111

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1 tion 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

2 2014). 

3 ‘‘(3) RETIRED FOSSIL FUEL SITE.—The term ‘re4 tired fossil fuel site’ means the site of 1 or more fossil 

5 fuel electric generation facilities that are retired or 

6 scheduled to retire, including multi-unit facilities that 

7 are partially shut down. 

8 ‘‘(4) UTILIZATION FACILITY.—The term ‘utiliza9 tion facility’ has the meaning given the term in sec10 tion 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

11 2014). 

12 ‘‘(b) AUTHORITY.—The Appalachian Regional Com13 mission may provide technical assistance to, make grants 

14 to, enter into contracts with, or otherwise provide amounts 

15 to individuals or entities in the Appalachian region for 

16 projects and activities— 

17 ‘‘(1) to conduct research and analysis regarding 

18 the economic impact of siting, constructing, and oper19 ating a production facility or a utilization facility at 

20 a brownfield site, including a retired fossil fuel site; 

21 ‘‘(2) to assist with workforce training or retrain22 ing to perform activities relating to the siting and op23 eration of a production facility or a utilization facil24 ity at a brownfield site, including a retired fossil fuel 

25 site; and 


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1 ‘‘(3) to engage with the Nuclear Regulatory Com2 mission, the Department of Energy, and other Federal 

3 agencies with expertise in civil nuclear energy. 

4 ‘‘(c) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

5 cost of any project or activity eligible for a grant under 

6 this section— 

7 ‘‘(1) except as provided in paragraphs (2) and 

8 (3), not more than 50 percent may be provided from 

9 amounts made available to carry out this section; 

10 ‘‘(2) in the case of a project or activity to be car11 ried out in a county for which a distressed county 

12 designation is in effect under section 14526, not more 

13 than 80 percent may be provided from amounts made 

14 available to carry out this section; and 

15 ‘‘(3) in the case of a project or activity to be car16 ried out in a county for which an at-risk county des17 ignation is in effect under section 14526, not more 

18 than 70 percent may be provided from amounts made 

19 available to carry out this section. 

20 ‘‘(d) SOURCES OF ASSISTANCE.—Subject to subsection 

21 (c), a grant provided under this section may be provided 

22 from amounts made available to carry out this section, in 

23 combination with amounts made available— 

24 ‘‘(1) under any other Federal program; or 

25 ‘‘(2) from any other source. 


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1 ‘‘(e) FEDERAL SHARE.—Notwithstanding any provi2 sion of law limiting the Federal share under any other Fed3 eral program, amounts made available to carry out this sec4 tion may be used to increase that Federal share, as the Ap5 palachian Regional Commission determines to be appro6 priate.’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 14703 of title 40, United States Code, is amended— 

9 (1) by redesignating subsections (e) and (f) as 

10 subsections (f) and (g), respectively; and 

11 (2) by inserting after subsection (d) the fol12 lowing: 

13 ‘‘(e) APPALACHIAN REGIONAL COMMISSION NUCLEAR

14 ENERGY DEVELOPMENT.—Of the amounts made available 

15 under subsection (a), $5,000,000 may be used to carry out 

16 section 14512 for each of fiscal years 2023 through 2026.’’. 

17 (c) CLERICAL AMENDMENT.—The analysis for sub18 chapter I of chapter 145 of subtitle IV of title 40, United 

19 States Code, is amended by striking the item relating to 

20 section 14511 and inserting the following: 

‘‘14511. Appalachian regional energy hub initiative. 

‘‘14512. Appalachian Regional Commission nuclear energy development.’’. 


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1 TITLE III—PRESERVING EXIST2 ING NUCLEAR ENERGY GEN3 ERATION 

4 SEC. 301. INVESTMENT BY ALLIES. 

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

6 certain licenses for utilization facilities to certain corpora7 tions and other entities described in the second sentence of 

8 section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 

9 2133(d)) and the second sentence of section 104 d. of that 

10 Act (42 U.S.C. 2134(d)) shall not apply to an entity de11 scribed in subsection (b) if the Commission determines that 

12 issuance of the applicable license to that entity is not inim13 ical to— 

14 (1) the common defense and security; or 

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

16 (b) ENTITIES DESCRIBED.— 

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

19 owned, controlled, or dominated by— 

20 (A) the government of— 

21 (i) a country that is a member of the 

22 Organisation for Economic Co-operation 

23 and Development on the date of enactment 

24 of this Act, subject to paragraph (2); or 

25 (ii) the Republic of India; 


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1 (B) a corporation that is incorporated in a 

2 country described in clause (i) or (ii) of sub3 paragraph (A); or 

4 (C) an alien who is a national of a country 

5 described in clause (i) or (ii) of subparagraph 

6 (A). 

7 (2) EXCLUSION.—An entity described in para8 graph (1)(A)(i) is not an entity referred to in sub9 section (a), and subsection (a) shall not apply to that 

10 entity, if, on the date of enactment of this Act— 

11 (A) the entity (or any department, agency, 

12 or instrumentality of the entity) is a person sub13 ject to sanctions under section 231 of the Coun14 tering America’s Adversaries Through Sanctions 

15 Act (22 U.S.C. 9525); or 

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

17 organized under the laws of, or otherwise subject 

18 to the jurisdiction of, the entity, is a person sub19 ject to sanctions under that section. 

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

21 Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amend22 ed, in the second sentence, by striking ‘‘any any’’ and in23 serting ‘‘any’’. 


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

2 the requirements of section 721 of the Defense Production 

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

4 SEC. 302. EXTENSION OF THE PRICE-ANDERSON ACT. 

5 (a) EXTENSION.—Section 170 of the Atomic Energy 

6 Act of 1954 (42 U.S.C. 2210) (commonly known as the 

7 ‘‘Price-Anderson Act’’) is amended by striking ‘‘December 

8 31, 2025’’ each place it appears and inserting ‘‘December 

9 31, 2045’’. 

10 (b) REPORT.—Section 170 p. of the Atomic Energy Act 

11 of 1954 (42 U.S.C. 2210(p)) (commonly known as the 

12 ‘‘Price-Anderson Act’’) is amended by striking ‘‘December 

13 31, 2021’’ and inserting ‘‘December 31, 2041’’. 

14 TITLE IV—NUCLEAR FUEL 

15 CYCLE, SUPPLY CHAIN, IN16 FRASTRUCTURE, AND WORK17 FORCE 

18 SEC. 401. REPORT ON ADVANCED METHODS OF MANUFAC19 TURING AND CONSTRUCTION FOR NUCLEAR 

20 ENERGY APPLICATIONS. 

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

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

23 to the appropriate committees of Congress a report (referred 

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

25 construction for nuclear energy applications. 


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

2 the Commission shall seek input from— 

3 (1) the Secretary of Energy; 

4 (2) the nuclear energy industry; 

5 (3) National Laboratories; 

6 (4) institutions of higher education; 

7 (5) nuclear and manufacturing technology devel8 opers; 

9 (6) the manufacturing and construction indus10 tries, including manufacturing and construction com11 panies with operating facilities in the United States; 

12 (7) standards development organizations; 

13 (8) labor unions; 

14 (9) nongovernmental organizations; and 

15 (10) other public stakeholders. 

16 (c) CONTENTS.— 

17 (1) IN GENERAL.—The report shall— 

18 (A) examine any unique licensing issues or 

19 requirements relating to the use of innovative— 

20 (i) advanced manufacturing processes; 

21 (ii) advanced construction techniques; 

22 and 

23 (iii) rapid improvement or iterative 

24 innovation processes; 

25 (B) examine— 


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1 (i) the requirements for nuclear-grade 

2 components in manufacturing and construc3 tion for nuclear energy applications; 

4 (ii) opportunities to use standard ma5 terials, parts, or components in manufac6 turing and construction for nuclear energy 

7 applications; 

8 (iii) opportunities to use standard ma9 terials that are in compliance with existing 

10 codes to provide acceptable approaches to 

11 support or encapsulate new materials that 

12 do not yet have applicable codes; and 

13 (iv) requirements relating to the trans14 port of a fueled advanced nuclear reactor 

15 core from a manufacturing licensee to a li16 censee that holds a license to construct and 

17 operate a facility at a particular site; 

18 (C) identify any safety aspects of innovative 

19 advanced manufacturing processes and advanced 

20 construction techniques that are not addressed by 

21 existing codes and standards, so that generic 

22 guidance may be updated or created, as nec23 essary; 


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1 (D) identify options for addressing the 

2 issues, requirements, and opportunities examined 

3 under subparagraphs (A) and (B)— 

4 (i) within the existing regulatory 

5 framework; or 

6 (ii) through a new rulemaking; 

7 (E) identify how addressing the issues, re8 quirements, and opportunities examined under 

9 subparagraphs (A) and (B) will impact opportu10 nities for domestic nuclear manufacturing and 

11 construction developers; and 

12 (F) describe the extent to which Commission 

13 action is needed to implement any matter de14 scribed in the report. 

15 (2) COST ESTIMATES, BUDGETS, AND TIME16 FRAMES.—The report shall include cost estimates, 

17 proposed budgets, and proposed timeframes for imple18 menting risk-informed and performance-based regu19 latory guidance for manufacturing and construction 

20 for nuclear energy applications. 

21 SEC. 402. NUCLEAR ENERGY TRAINEESHIP. 

22 Section 313 of division C of the Omnibus Appropria23 tions Act, 2009 (42 U.S.C. 16274a), is amended— 

24 (1) in subsection (a), by striking ‘‘Nuclear Regu25 latory’’; 


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

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

3 after ‘‘paragraph (2)’’; 

4 (3) in subsection (c)— 

5 (A) by redesignating paragraph (2) as 

6 paragraph (5); and 

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

8 the following: 

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

10 ‘advanced nuclear reactor’ has the meaning given the 

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

12 2005 (42 U.S.C. 16271(b)). 

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

14 means the Nuclear Regulatory Commission. 

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

16 term ‘institution of higher education’ has the meaning 

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

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

19 ‘‘(4) NATIONAL LABORATORY.—The term ‘Na20 tional Laboratory’ has the meaning given the term in 

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

22 U.S.C. 16271(b)).’’; 

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

24 Regulatory’’; 


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

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

3 (6) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) NUCLEAR ENERGY TRAINEESHIP SUBPRO6 GRAM.— 

7 ‘‘(1) IN GENERAL.—The Commission shall estab8 lish, as a subprogram of the Program, a nuclear en9 ergy traineeship subprogram under which the Com10 mission, in coordination with institutions of higher 

11 education and trade schools, shall competitively 

12 award traineeships that provide focused training to 

13 meet critical mission needs of the Commission and 

14 nuclear workforce needs, including needs relating to 

15 the nuclear tradecraft workforce. 

16 ‘‘(2) REQUIREMENTS.—In carrying out the nu17 clear energy traineeship subprogram described in 

18 paragraph (1), the Commission shall— 

19 ‘‘(A) coordinate with the Secretary of En20 ergy to prioritize the funding of traineeships that 

21 focus on— 

22 ‘‘(i) nuclear workforce needs; and 

23 ‘‘(ii) critical mission needs of the Com24 mission; 


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1 ‘‘(B) encourage appropriate partnerships 

2 among— 

3 ‘‘(i) National Laboratories; 

4 ‘‘(ii) institutions of higher education; 

5 ‘‘(iii) trade schools; 

6 ‘‘(iv) the nuclear energy industry; and 

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

8 determines to be appropriate; and 

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

10 workforce needs for the purpose of implementing 

11 traineeships in focused topical areas that— 

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

13 nuclear energy community; and 

14 ‘‘(ii) support critical mission needs of 

15 the Commission.’’. 

16 SEC. 403. REPORT ON COMMISSION READINESS AND CAPAC17 ITY TO LICENSE ADDITIONAL CONVERSION 

18 AND ENRICHMENT CAPACITY TO REDUCE RE19 LIANCE ON URANIUM FROM RUSSIA. 

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

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

22 to the appropriate committees of Congress a report on the 

23 readiness and capacity of the Commission to license addi24 tional conversion and enrichment capacity at existing and 

25 new fuel cycle facilities to reduce reliance on nuclear fuel 


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1 that is recovered, converted, enriched, or fabricated by an 

2 entity that— 

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

4 the Russian Federation; or 

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

6 subject to the jurisdiction of, the Russian Federation. 

7 (b) CONTENTS.—The report required under subsection 

8 (a) shall analyze how the capacity of the Commission to 

9 license additional conversion and enrichment capacity at 

10 existing and new fuel cycle facilities may conflict with or 

11 restrict the readiness of the Commission to review advanced 

12 nuclear reactor applications. 

13 SEC. 404. ANNUAL REPORT ON THE SPENT NUCLEAR FUEL 

14 AND HIGH-LEVEL RADIOACTIVE WASTE IN15 VENTORY IN THE UNITED STATES. 

16 (a) DEFINITIONS.—In this section: 

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

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

19 given the term in section 2 of the Nuclear Waste Pol20 icy Act of 1982 (42 U.S.C. 10101). 

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

22 nuclear fuel’’ has the meaning given the term in sec23 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

24 U.S.C. 10101). 


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

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

3 in section 961.3 of title 10, Code of Federal Regula4 tions (or a successor regulation). 

5 (b) REPORT.—Not later than January 1, 2025, and 

6 annually thereafter, the Secretary of Energy shall submit 

7 to Congress a report that describes— 

8 (1) the annual and cumulative amount of pay9 ments made by the United States to the holder of a 

10 standard contract due to a partial breach of contract 

11 under the Nuclear Waste Policy Act of 1982 (42 

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

13 to the holder; 

14 (2) the cumulative amount spent by the Depart15 ment of Energy since fiscal year 2008 to reduce fu16 ture payments projected to be made by the United 

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

18 partial breach of contract under the Nuclear Waste 

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

20 (3) the cumulative amount spent by the Depart21 ment of Energy to store, manage, and dispose of spent 

22 nuclear fuel and high-level radioactive waste in the 

23 United States as of the date of the report; 

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

25 transport, and dispose of the projected inventory of 


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1 spent nuclear fuel and high-level radioactive waste in 

2 the United States, including spent nuclear fuel and 

3 high-level radioactive waste expected to be generated 

4 from existing reactors through 2050; 

5 (5) any mechanisms for better accounting of li6 abilities for the lifecycle costs of the spent nuclear fuel 

7 and high-level radioactive waste inventory in the 

8 United States; 

9 (6) any recommendations for improving the 

10 methods used by the Department of Energy for the ac11 counting of spent nuclear fuel and high-level radio12 active waste costs and liabilities; 

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

14 by the Department of Energy with respect to interim 

15 storage; and 

16 (8) any activities taken in the previous fiscal 

17 year by the Department of Energy to develop and de18 ploy nuclear technologies and fuels that enhance the 

19 safe transportation or storage of spent nuclear fuel or 

20 high-level radioactive waste, including technologies to 

21 protect against seismic, flooding, and other extreme 

22 weather events. 


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1 SEC. 405. AUTHORIZATION OF APPROPRIATIONS FOR 

2 SUPERFUND ACTIONS AT ABANDONED MIN3 ING SITES ON TRIBAL LAND. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ELIGIBLE NON-NPL SITE.—The term ‘‘eligi6 ble non-NPL site’’ means a site— 

7 (A) that is not on the National Priorities 

8 List; but 

9 (B) with respect to which the Administrator 

10 determines that— 

11 (i) the site would be eligible for listing 

12 on the National Priorities List based on the 

13 presence of hazards from contamination at 

14 the site, applying the hazard ranking sys15 tem described in section 105(c) of the Com16 prehensive Environmental Response, Com17 pensation, and Liability Act of 1980 (42 

18 U.S.C. 9605(c)); and 

19 (ii) for removal site evaluations, engi20 neering evaluations/cost analyses, remedial 

21 planning activities, remedial investigations 

22 and feasibility studies, and other actions 

23 taken pursuant to section 104(b) of that Act 

24 (42 U.S.C. 9604), the site— 

25 (I) has undergone a pre-CERCLA 

26 screening; and 


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1 (II) is included in the Superfund 

2 Enterprise Management System. 

3 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

4 has the meaning given the term in section 4 of the In5 dian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 5304). 

7 (3) NATIONAL PRIORITIES LIST.—The term ‘‘Na8 tional Priorities List’’ means the National Priorities 

9 List developed by the President in accordance with 

10 section 105(a)(8)(B) of the Comprehensive Environ11 mental Response, Compensation, and Liability Act of 

12 1980 (42 U.S.C. 9605(a)(8)(B)). 

13 (4) REMEDIAL ACTION; REMOVAL; RESPONSE.— 

14 The terms ‘‘remedial action’’, ‘‘removal’’, and ‘‘re15 sponse’’ have the meanings given those terms in sec16 tion 101 of the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 (42 

18 U.S.C. 9601). 

19 (5) TRIBAL LAND.—The term ‘‘Tribal land’’ has 

20 the meaning given the term ‘‘Indian country’’ in sec21 tion 1151 of title 18, United States Code. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated for each of fiscal years 2023 

24 through 2032, to remain available until expended— 


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1 (1) $97,000,000 to the Administrator to carry 

2 out this section (except for subsection (d)); and 

3 (2) $3,000,000 to the Administrator of the Agen4 cy for Toxic Substances and Disease Registry to carry 

5 out subsection (d). 

6 (c) USES OF AMOUNTS.—Amounts appropriated under 

7 subsection (b)(1) shall be used by the Administrator— 

8 (1) to carry out removal actions on abandoned 

9 mine land located on Tribal land; 

10 (2) to carry out response actions, including re11 moval and remedial planning activities, removal and 

12 remedial studies, remedial actions, and other actions 

13 taken pursuant to section 104(b) of the Comprehensive 

14 Environmental Response, Compensation, and Liabil15 ity Act of 1980 (42 U.S.C. 9604(b)) on abandoned 

16 mine land located on Tribal land at— 

17 (A) eligible non-NPL sites; and 

18 (B) sites listed on the National Priorities 

19 List; and 

20 (3) to make grants under subsection (e). 

21 (d) HEALTH ASSESSMENTS.—Subject to the avail22 ability of appropriations, the Agency for Toxic Substances 

23 and Disease Registry, in coordination with Tribal health 

24 authorities, shall perform 1 or more health assessments at 

25 each eligible non-NPL site that is located on Tribal land, 


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1 in accordance with section 104(i)(6) of the Comprehensive 

2 Environmental Response, Compensation, and Liability Act 

3 of 1980 (42 U.S.C. 9604(i)(6)). 

4 (e) TRIBAL GRANTS.— 

5 (1) IN GENERAL.—The Administrator may use 

6 amounts appropriated under subsection (b)(1) to 

7 make grants to eligible entities described in para8 graph (2) for the purposes described in paragraph 

9 (3). 

10 (2) ELIGIBLE ENTITIES DESCRIBED.—An eligible 

11 entity referred to in paragraph (1) is— 

12 (A) the governing body of an Indian Tribe; 

13 or 

14 (B) a legally established organization of In15 dians that— 

16 (i) is controlled, sanctioned, or char17 tered by the governing bodies of 2 or more 

18 Indian Tribes to be served, or that is demo19 cratically elected by the adult members of 

20 the Indian community to be served, by that 

21 organization; and 

22 (ii) includes the maximum participa23 tion of Indians in all phases of the activi24 ties of that organization. 


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1 (3) USE OF GRANT FUNDS.—A grant under this 

2 subsection shall be used— 

3 (A) in accordance with the second sentence 

4 of section 117(e)(1) of the Comprehensive Envi5 ronmental Response, Compensation, and Liabil6 ity Act of 1980 (42 U.S.C. 9617(e)(1)); 

7 (B) for obtaining technical assistance in 

8 carrying out response actions under subpara9 graph (C); or 

10 (C) for carrying out response actions, if the 

11 Administrator determines that the Indian Tribe 

12 has the capability to carry out any or all of 

13 those response actions in accordance with the cri14 teria and priorities established pursuant to sec15 tion 105(a)(8) of the Comprehensive Environ16 mental Response, Compensation, and Liability 

17 Act of 1980 (42 U.S.C. 9605(a)(8)). 

18 (4) APPLICATIONS.—An eligible entity desiring a 

19 grant under this subsection shall submit to the Ad20 ministrator an application at such time, in such 

21 manner, and containing such information as the Ad22 ministrator may require. 

23 (5) LIMITATIONS.—A grant under this subsection 

24 shall be governed by the rules, procedures, and limita25 tions described in section 117(e)(2) of the ComprehenVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\S1111.RS S1111

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1 sive Environmental Response, Compensation, and Li2 ability Act of 1980 (42 U.S.C. 9617(e)(2)), except 

3 that— 

4 (A) ‘‘Administrator of the Environmental 

5 Protection Agency’’ shall be substituted for 

6 ‘‘President’’ each place it appears in that sec7 tion; and 

8 (B) in the first sentence of that section, 

9 ‘‘under section 405 of the ADVANCE Act of 

10 2023’’ shall be substituted for ‘‘under this sub11 section’’. 

12 (f) STATUTE OF LIMITATIONS.—If a remedial action 

13 described in subsection (c)(2) is scheduled at an eligible 

14 non-NPL site, no action may be commenced for damages 

15 (as defined in section 101 of the Comprehensive Environ16 mental Response, Compensation, and Liability Act of 1980 

17 (42 U.S.C. 9601)) with respect to that eligible non-NPL site 

18 unless the action is commenced within the timeframe pro19 vided for such actions with respect to facilities on the Na20 tional Priorities List in the first sentence of the matter fol21 lowing subparagraph (B) of section 113(g)(1) of that Act 

22 (42 U.S.C. 9613(g)(1)). 

23 (g) COORDINATION.—The Administrator shall coordi24 nate with the Indian Tribe on whose land the applicable 

25 site is located in— 


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1 (1) selecting and prioritizing sites for response 

2 actions under paragraphs (1) and (2) of subsection 

3 (c); and 

4 (2) carrying out those response actions. 

5 SEC. 406. DEVELOPMENT, QUALIFICATION, AND LICENSING 

6 OF ADVANCED NUCLEAR FUEL CONCEPTS. 

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

8 initiative to enhance preparedness and coordination with 

9 respect to the qualification and licensing of advanced nu10 clear fuel. 

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

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

13 the Secretary of Energy shall enter into a memorandum 

14 of understanding— 

15 (1) to share technical expertise and knowledge 

16 through— 

17 (A) enabling the testing and demonstration 

18 of accident tolerant fuels for existing commercial 

19 nuclear reactors and advanced nuclear reactor 

20 fuel concepts to be proposed and funded, in whole 

21 or in part, by the private sector; 

22 (B) operating a database to store and share 

23 data and knowledge relevant to nuclear science 

24 and engineering between Federal agencies and 

25 the private sector; 


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1 (C) leveraging expertise with respect to safe2 ty analysis and research relating to advanced 

3 nuclear fuel; and 

4 (D) enabling technical staff to actively ob5 serve and learn about technologies, with an em6 phasis on identification of additional informa7 tion needed with respect to advanced nuclear 

8 fuel; and 

9 (2) to ensure that— 

10 (A) the Department of Energy has sufficient 

11 technical expertise to support the timely re12 search, development, demonstration, and com13 mercial application of advanced nuclear fuel; 

14 (B) the Commission has sufficient technical 

15 expertise to support the evaluation of applica16 tions for licenses, permits, and design certifi17 cations and other requests for regulatory ap18 proval for advanced nuclear fuel; 

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

20 and develops the facilities necessary to enable the 

21 timely research, development, demonstration, 

22 and commercial application by the civilian nu23 clear industry of advanced nuclear fuel; and 

24 (ii) the Commission has access to the facili25 ties described in clause (i), as needed; and 


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1 (D) the Commission consults, as appro2 priate, with the modeling and simulation experts 

3 at the Office of Nuclear Energy of the Depart4 ment of Energy, at the National Laboratories, 

5 and within industry fuel vendor teams in coop6 erative agreements with the Department of En7 ergy to leverage physics-based computer modeling 

8 and simulation capabilities. 

9 (c) REPORT.— 

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

11 the date of enactment of this Act, the Commission 

12 shall submit to the appropriate committees of Con13 gress a report describing the efforts of the Commission 

14 under subsection (a), including— 

15 (A) an assessment of the preparedness of the 

16 Commission to review and qualify for use— 

17 (i) accident tolerant fuel; 

18 (ii) ceramic cladding materials; 

19 (iii) fuels containing silicon carbide; 

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

21 fuels; 

22 (v) molten-salt based liquid fuels; 

23 (vi) fuels derived from spent nuclear 

24 fuel or depleted uranium; and 


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1 (vii) other related fuel concepts, as de2 termined by the Commission; 

3 (B) activities planned or undertaken under 

4 the memorandum of understanding described in 

5 subsection (b); 

6 (C) an accounting of the areas of research 

7 needed with respect to advanced nuclear fuel; 

8 and 

9 (D) any other challenges or considerations 

10 identified by the Commission. 

11 (2) CONSULTATION.—In developing the report 

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

13 from— 

14 (A) the Secretary of Energy; 

15 (B) National Laboratories; 

16 (C) the nuclear energy industry; 

17 (D) technology developers; 

18 (E) nongovernmental organizations; and 

19 (F) other public stakeholders. 

20 TITLE V—IMPROVING 

21 COMMISSION EFFICIENCY 

22 SEC. 501. COMMISSION WORKFORCE. 

23 (a) DEFINITION OF CHAIRMAN.—In this section, the 

24 term ‘‘Chairman’’ means the Chairman of the Commission. 

25 (b) HIRING BONUS AND APPOINTMENT AUTHORITY.— 


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1 (1) IN GENERAL.—Notwithstanding section 161 

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

3 2201(d)), any provision of Reorganization Plan No. 

4 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and any 

5 provision of title 5, United States Code, governing ap6 pointments and General Schedule classification and 

7 pay rates, the Chairman may, subject to the limita8 tions described in paragraph (3), and without regard 

9 to the civil service laws— 

10 (A) establish the positions described in 

11 paragraph (2); and 

12 (B) appoint persons to the positions estab13 lished under subparagraph (A). 

14 (2) POSITIONS DESCRIBED.—The positions re15 ferred to in paragraph (1)(A) are— 

16 (A) permanent or term-limited positions 

17 with highly specialized scientific, engineering, 

18 and technical competencies to address a critical 

19 licensing or regulatory oversight need for the 

20 Commission, including— 

21 (i) health physicist; 

22 (ii) reactor operations engineer; 

23 (iii) human factors analyst or engi24 neer; 


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1 (iv) risk and reliability analyst or en2 gineer; 

3 (v) licensing project manager; 

4 (vi) reactor engineer for severe acci5 dents; 

6 (vii) geotechnical engineer; 

7 (viii) structural engineer; 

8 (ix) reactor systems engineer; 

9 (x) reactor engineer; 

10 (xi) radiation scientist; 

11 (xii) seismic engineer; and 

12 (xiii) electronics engineer; or 

13 (B) permanent or term-limited positions to 

14 be filled by exceptionally well-qualified individ15 uals that the Chairman, subject to subsection (e), 

16 determines are necessary to fulfill the mission of 

17 the Commission. 

18 (3) LIMITATIONS.— 

19 (A) IN GENERAL.—Appointments under 

20 paragraph (1)(B) may be made to not more 

21 than— 

22 (i)(I) 15 permanent positions described 

23 in paragraph (2)(A) during fiscal year 

24 2024; and 


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1 (II) 10 permanent positions described 

2 in paragraph (2)(A) during each fiscal year 

3 thereafter; 

4 (ii)(I) 15 term-limited positions de5 scribed in paragraph (2)(A) during fiscal 

6 year 2024; and 

7 (II) 10 term-limited positions described 

8 in paragraph (2)(A) during each fiscal year 

9 thereafter; 

10 (iii)(I) 15 permanent positions de11 scribed in paragraph (2)(B) during fiscal 

12 year 2024; and 

13 (II) 10 permanent positions described 

14 in paragraph (2)(B) during each fiscal year 

15 thereafter; and 

16 (iv)(I) 15 term-limited positions de17 scribed in paragraph (2)(B) during fiscal 

18 year 2024; and 

19 (II) 10 term-limited positions described 

20 in paragraph (2)(B) during each fiscal year 

21 thereafter. 

22 (B) TERM OF TERM-LIMITED APPOINT23 MENT.—If a person is appointed to a term-lim24 ited position described in subparagraph (A) or 


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1 (B) of paragraph (2), the term of that appoint2 ment shall not exceed 4 years. 

3 (C) STAFF POSITIONS.—Subject to sub4 section (e), appointments made to positions es5 tablished under this subsection shall be to a 

6 range of staff positions that are of entry, mid, 

7 and senior levels, to the extent practicable. 

8 (4) HIRING BONUS.—The Commission may pay 

9 a person appointed under paragraph (1) a 1-time 

10 hiring bonus in an amount not to exceed the least 

11 of— 

12 (A) $25,000; 

13 (B) the amount equal to 15 percent of the 

14 annual rate of basic pay of the employee; and 

15 (C) the amount of the limitation that is ap16 plicable for a calendar year under section 

17 5307(a)(1) of title 5, United States Code. 

18 (c) COMPENSATION AND APPOINTMENT AUTHORITY.— 

19 (1) IN GENERAL.—Notwithstanding section 161 

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

21 2201(d)), any provision of Reorganization Plan No. 

22 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and chapter 

23 51, and subchapter III of chapter 53, of title 5, 

24 United States Code, the Chairman, subject to the limVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6203 E:\BILLS\S1111.RS S1111

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1 itations described in paragraph (3) and without re2 gard to the civil service laws, may— 

3 (A) establish and fix the rates of basic pay 

4 for the positions described in paragraph (2); and 

5 (B) appoint persons to the positions estab6 lished under subparagraph (A). 

7 (2) POSITIONS DESCRIBED.—The positions re8 ferred to in paragraph (1)(A) are— 

9 (A) positions with highly specialized sci10 entific, engineering, and technical competencies 

11 to address a critical need for the Commission, 

12 including— 

13 (i) health physicist; 

14 (ii) reactor operations engineer; 

15 (iii) human factors analyst or engi16 neer; 

17 (iv) risk and reliability analyst or en18 gineer; 

19 (v) licensing project manager; 

20 (vi) reactor engineer for severe acci21 dents; 

22 (vii) geotechnical engineer; 

23 (viii) structural engineer; 

24 (ix) reactor systems engineer; 

25 (x) reactor engineer; 


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1 (xi) radiation scientist; 

2 (xii) seismic engineer; and 

3 (xiii) electronics engineer; or 

4 (B) positions to be filled by exceptionally 

5 well-qualified persons that the Chairman, subject 

6 to subsection (e), determines are necessary to ful7 fill the mission of the Commission. 

8 (3) LIMITATIONS.— 

9 (A) IN GENERAL.—The annual rate of basic 

10 pay for a position described in paragraph (2) 

11 may not exceed the per annum rate of salary 

12 payable for level III of the Executive Schedule 

13 under section 5314 of title 5, United States Code. 

14 (B) NUMBER OF POSITIONS.—Appointments 

15 under paragraph (1)(B) may be made to not 

16 more than— 

17 (i) 10 positions described in paragraph 

18 (2)(A) per fiscal year, not to exceed a total 

19 of 50 positions; and 

20 (ii) 10 positions described in para21 graph (2)(B) per fiscal year, not to exceed 

22 a total of 50 positions. 

23 (4) PERFORMANCE BONUS.— 

24 (A) IN GENERAL.—Subject to subpara25 graphs (B) and (C), an employee may be paid 


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1 a 1-time performance bonus in an amount not to 

2 exceed the least of— 

3 (i) $25,000; 

4 (ii) the amount equal to 15 percent of 

5 the annual rate of basic pay of the person; 

6 and 

7 (iii) the amount of the limitation that 

8 is applicable for a calendar year under sec9 tion 5307(a)(1) of title 5, United States 

10 Code. 

11 (B) PERFORMANCE.—Any 1-time perform12 ance bonus under subparagraph (A) shall be 

13 made to a person who demonstrated exceptional 

14 performance in the applicable fiscal year, includ15 ing— 

16 (i) leading a project team in a timely, 

17 efficient, and predictable licensing review to 

18 enable the safe use of nuclear technology; 

19 (ii) making significant contributions 

20 to a timely, efficient, and predictable licens21 ing review to enable the safe use of nuclear 

22 technology; 

23 (iii) the resolution of novel or first-of24 a-kind regulatory issues; 


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1 (iv) developing or implementing licens2 ing or regulatory oversight processes to im3 prove the effectiveness of the Commission; 

4 and 

5 (v) other performance, as determined 

6 by the Chairman, subject to subsection (e). 

7 (C) LIMITATIONS.—The Commission may 

8 pay a 1-time performance bonus under subpara9 graph (A) for not more than 15 persons per fis10 cal year, and a person who receives a 1-time per11 formance bonus under that subparagraph may 

12 not receive another 1-time performance bonus 

13 under that subparagraph for a period of 5 years 

14 thereafter. 

15 (d) ANNUAL SOLICITATION FOR NUCLEAR REGULATOR

16 APPRENTICESHIP NETWORK APPLICATIONS.—The Chair17 man, on an annual basis, shall solicit applications for the 

18 Nuclear Regulator Apprenticeship Network. 

19 (e) APPLICATION OF MERIT SYSTEM PRINCIPLES.—To 

20 the maximum extent practicable, appointments under sub21 sections (b)(1) and (c)(1) and any 1-time performance 

22 bonus under subsection (c)(4) shall be made in accordance 

23 with the merit system principles set forth in section 2301 

24 of title 5, United States Code. 


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1 (f) DELEGATION.—Pursuant to Reorganization Plan 

2 No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman 

3 shall delegate, subject to the direction and supervision of 

4 the Chairman, the authority provided by subsections (b), 

5 (c), and (d) to the Executive Director for Operations of the 

6 Commission. 

7 (g) ANNUAL REPORT.—The Commission shall include 

8 in the annual budget justification of the Commission— 

9 (1) information that describes— 

10 (A) the total number of and the positions of 

11 the persons appointed under the authority pro12 vided by subsection (b); 

13 (B) the total number of and the positions of 

14 the persons paid at the rate determined under 

15 the authority provided by subsection (c)(1); 

16 (C) the total number of and the positions of 

17 the persons paid a 1-time performance bonus 

18 under the authority provided by subsection 

19 (c)(4); 

20 (D) how the authority provided by sub21 sections (b) and (c) is being used, and has been 

22 used during the previous fiscal year, to address 

23 the hiring and retention needs of the Commission 

24 with respect to the positions described in those 

25 subsections to which that authority is applicable; 


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1 (E) if the authority provided by subsections 

2 (b) and (c) is not being used, or has not been 

3 used, the reasons, including a justification, for 

4 not using that authority; and 

5 (F) the attrition levels with respect to the 

6 term-limited appointments made under sub7 section (b), including, with respect to persons 

8 leaving a position before completion of the appli9 cable term of service, the average length of service 

10 as a percentage of the term of service; 

11 (2) an assessment of— 

12 (A) the current critical workforce needs of 

13 the Commission, including any critical workforce 

14 needs that the Commission anticipates in the 

15 subsequent 5 fiscal years; and 

16 (B) further skillsets that are or will be need17 ed for the Commission to fulfill the licensing and 

18 oversight responsibilities of the Commission; and 

19 (3) the plans of the Commission to assess, de20 velop, and implement updated staff performance 

21 standards, training procedures, and schedules. 

22 (h) REPORT ON ATTRITION AND EFFECTIVENESS.— 

23 Not later than September 30, 2032, the Commission shall 

24 submit to the Committees on Appropriations and Environ25 ment and Public Works of the Senate and the Committees 


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1 on Appropriations and Energy and Commerce of the House 

2 of Representatives a report that— 

3 (1) describes the attrition levels with respect to 

4 the term-limited appointments made under subsection 

5 (b), including, with respect to persons leaving a posi6 tion before completion of the applicable term of serv7 ice, the average length of service as a percentage of the 

8 term of service; 

9 (2) provides the views of the Commission on the 

10 effectiveness of the authorities provided by subsections 

11 (b) and (c) in helping the Commission fulfill the mis12 sion of the Commission; and 

13 (3) makes recommendations with respect to 

14 whether the authorities provided by subsections (b) 

15 and (c) should be continued, modified, or discon16 tinued. 

17 SEC. 502. COMMISSION CORPORATE SUPPORT FUNDING. 

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

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

20 the appropriate committees of Congress and make publicly 

21 available a report that describes— 

22 (1) the progress on the implementation of section 

23 102(a)(3) of the Nuclear Energy Innovation and Mod24 ernization Act (42 U.S.C. 2215(a)(3)); and 


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1 (2) whether the Commission is meeting and is 

2 expected to meet the total budget authority caps re3 quired for corporate support under that section. 

4 (b) LIMITATION ON CORPORATE SUPPORT COSTS.— 

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

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

7 striking subparagraphs (B) and (C) and inserting the fol8 lowing: 

9 ‘‘(B) 30 percent for fiscal year 2024 and 

10 each fiscal year thereafter.’’. 

11 (c) CORPORATE SUPPORT COSTS CLARIFICATION.— 

12 Paragraph (9) of section 3 of the Nuclear Energy Innova13 tion and Modernization Act (42 U.S.C. 2215 note; Public 

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

15 amended— 

16 (1) by striking ‘‘The term’’ and inserting the fol17 lowing: 

18 ‘‘(A) IN GENERAL.—The term’’; and 

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

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

21 support costs’ does not include— 

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

23 to any and all space in the Three White 

24 Flint North building that is not occupied by 

25 the Commission; or 


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

2 other support for the Office of the Commis3 sion.’’. 

4 SEC. 503. PERFORMANCE AND REPORTING UPDATE. 

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

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

7 (1) in paragraph (3)— 

8 (A) in the paragraph heading, by striking 

9 ‘‘180’’ and inserting ‘‘90’’; and 

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

11 and 

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

13 ‘‘(4) PERIODIC UPDATES TO METRICS AND

14 SCHEDULES.— 

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

16 frequently than once every 3 years, the Commis17 sion shall review and assess, based on the licens18 ing and regulatory activities of the Commission, 

19 the performance metrics and milestone schedules 

20 established under paragraph (1). 

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

22 assessment under subparagraph (A), the Com23 mission shall revise and improve, as appro24 priate, the performance metrics and milestone 

25 schedules described in that subparagraph to proVerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6203 E:\BILLS\S1111.RS S1111

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1 vide the most efficient metrics and schedules rea2 sonably achievable.’’. 

3 TITLE VI—MISCELLANEOUS 

4 SEC. 601. NUCLEAR CLOSURE COMMUNITIES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COMMUNITY ADVISORY BOARD.—The term 

7 ‘‘community advisory board’’ means a community 

8 committee or other advisory organization that aims to 

9 foster communication and information exchange be10 tween a licensee planning for and involved in decom11 missioning activities and members of the community 

12 that decommissioning activities may affect. 

13 (2) DECOMMISSION.—The term ‘‘decommission’’ 

14 has the meaning given the term in section 50.2 of title 

15 10, Code of Federal Regulations (or successor regula16 tions). 

17 (3) ELIGIBLE RECIPIENT.—The term ‘‘eligible re18 cipient’’ has the meaning given the term in section 3 

19 of the Public Works and Economic Development Act 

20 of 1965 (42 U.S.C. 3122). 

21 (4) LICENSEE.—The term ‘‘licensee’’ has the 

22 meaning given the term in section 50.2 of title 10, 

23 Code of Federal Regulations (or successor regula24 tions). 


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1 (5) NUCLEAR CLOSURE COMMUNITY.—The term 

2 ‘‘nuclear closure community’’ means a unit of local 

3 government, including a county, city, town, village, 

4 school district, or special district, that has been im5 pacted, or reasonably demonstrates to the satisfaction 

6 of the Secretary that it will be impacted, by a nuclear 

7 power plant licensed by the Commission that— 

8 (A) is not co-located with an operating nu9 clear power plant; 

10 (B) is at a site with spent nuclear fuel; and 

11 (C) as of the date of enactment of this Act— 

12 (i) has ceased operations; or 

13 (ii) has provided a written notification 

14 to the Commission that it will cease oper15 ations. 

16 (6) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Commerce, acting through the Assist18 ant Secretary of Commerce for Economic Develop19 ment. 

20 (b) ESTABLISHMENT.—Not later than 180 days after 

21 the date of enactment of this Act, the Secretary shall estab22 lish a grant program to provide grants to eligible recipi23 ents— 

24 (1) to assist with economic development in nu25 clear closure communities; and 


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1 (2) to fund community advisory boards in nu2 clear closure communities. 

3 (c) REQUIREMENT.—In carrying out this section, to 

4 the maximum extent practicable, the Secretary shall imple5 ment the recommendations described in the report sub6 mitted to Congress under section 108 of the Nuclear Energy 

7 Innovation and Modernization Act (Public Law 115–439; 

8 132 Stat. 5577) entitled ‘‘Best Practices for Establishment 

9 and Operation of Local Community Advisory Boards Asso10 ciated with Decommissioning Activities at Nuclear Power 

11 Plants’’. 

12 (d) DISTRIBUTION OF FUNDS.—The Secretary shall es13 tablish a formula to ensure, to the maximum extent prac14 ticable, geographic diversity among grant recipients under 

15 this section. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—There are authorized to be ap18 propriated to the Secretary— 

19 (A) to carry out subsection (b)(1), 

20 $35,000,000 for each of fiscal years 2023 through 

21 2028; and 

22 (B) to carry out subsection (b)(2), 

23 $5,000,000 for each of fiscal years 2023 through 

24 2025. 


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1 (2) AVAILABILITY.—Amounts made available 

2 under this section shall remain available for a period 

3 of 5 years beginning on the date on which the 

4 amounts are made available. 

5 (3) NO OFFSET.—None of the funds made avail6 able under this section may be used to offset the fund7 ing for any other Federal program. 

8 SEC. 602. TECHNICAL CORRECTION. 

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

10 U.S.C. 2134(c)) is amended— 

11 (1) by striking the third sentence and inserting 

12 the following: 

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

14 The Commission may issue a license under this sec15 tion for a utilization facility useful in the conduct of 

16 research and development activities of the types speci17 fied in section 31 if— 

18 ‘‘(A) not more than 75 percent of the an19 nual costs to the licensee of owning and oper20 ating the facility are devoted to the sale, other 

21 than for research and development or education 

22 and training, of— 

23 ‘‘(i) nonenergy services; 

24 ‘‘(ii) energy; or 


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1 ‘‘(iii) a combination of nonenergy serv2 ices and energy; and 

3 ‘‘(B) not more than 50 percent of the an4 nual costs to the licensee of owning and oper5 ating the facility are devoted to the sale of en6 ergy.’’; 

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

8 Commission’’ and inserting the following: 

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

10 (3) by striking ‘‘c. The Commission’’ and insert11 ing the following: 

12 ‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 

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

14 and (3), the Commission’’. 

15 SEC. 603. REPORT ON ENGAGEMENT WITH THE GOVERN16 MENT OF CANADA WITH RESPECT TO NU17 CLEAR WASTE ISSUES IN THE GREAT LAKES 

18 BASIN. 

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

20 this Act, the Commission shall submit to Congress a report 

21 describing any engagement between the Commission and the 

22 Government of Canada with respect to nuclear waste issues 

23 in the Great Lakes Basin. 


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Calendar No. 118 

118TH CONGRESS 

1ST SESSION S. 1111 

A BILL 

To enhance United States civil nuclear leadership, 

ulation of nuclear energy, and for other purposes. fuel cycle and supply chain, and improve the regnologies, strengthen the domestic nuclear energy support the licensing of advanced nuclear techJULY 10, 2023 

Reported with an amendment 


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