II 

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, and Mr. 

HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

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. 

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 


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

2 of 2023’’. 

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

4 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. 

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. 


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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 

17 the term in section 3 of the Nuclear Energy Innova18 tion and Modernization Act (42 U.S.C. 2215 note; 

19 Public Law 115–439). 

20 (5) ADVANCED NUCLEAR REACTOR FUEL.—The 

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1 ergy Innovation and Modernization Act (42 U.S.C. 

2 2215 note; Public Law 115–439). 

3 (6) APPROPRIATE COMMITTEES OF

4 CONGRESS.—The term ‘‘appropriate committees of 

5 Congress’’ means— 

6 (A) the Committee on Environment and 

7 Public Works of the Senate; and 

8 (B) the Committee on Energy and Com9 merce of the House of Representatives. 

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

11 means the Nuclear Regulatory Commission. 

12 (8) INSTITUTION OF HIGHER EDUCATION.—The 

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

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

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

16 (9) NATIONAL LABORATORY.—The term ‘‘Na17 tional Laboratory’’ has the meaning given the term 

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

19 U.S.C. 15801). 

20 TITLE I—AMERICAN NUCLEAR 

21 LEADERSHIP 

22 SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 

23 AND INNOVATION ACTIVITIES. 

24 (a) COORDINATION.— 

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


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1 (A) coordinate all work of the Commission 

2 relating to— 

3 (i) nuclear reactor import and export 

4 licensing; and 

5 (ii) international regulatory coopera6 tion and assistance relating to nuclear re7 actors, including with countries that are 

8 members of the Organisation for Economic 

9 Co-operation and Development; and 

10 (B) support interagency and international 

11 coordination with respect to— 

12 (i) the consideration of international 

13 technical standards to establish the licens14 ing and regulatory basis to assist the de15 sign, construction, and operation of nu16 clear systems; 

17 (ii) efforts to help build competent nu18 clear regulatory organizations and legal 

19 frameworks in countries seeking to develop 

20 nuclear power; and 

21 (iii) exchange programs and training 

22 provided to other countries relating to nu23 clear regulation and oversight to improve 

24 nuclear technology licensing, in accordance 

25 with paragraph (2). 


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1 (2) EXCHANGE PROGRAMS AND TRAINING.— 

2 With respect to the exchange programs and training 

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

4 shall coordinate, as applicable, with— 

5 (A) the Secretary of Energy; 

6 (B) National Laboratories; 

7 (C) the private sector; and 

8 (D) institutions of higher education. 

9 (b) AUTHORITY TO ESTABLISH BRANCH.—The Com10 mission may establish within the Office of International 

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

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

13 out such international nuclear reactor export and innova14 tion activities as the Commission determines to be appro15 priate and within the mission of the Commission. 

16 (c) EXCLUSION OF INTERNATIONAL ACTIVITIES

17 FROM THE FEE BASE.— 

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

19 Energy Innovation and Modernization Act (42 

20 U.S.C. 2215) is amended— 

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

22 the following: 

23 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX24 PORT AND INNOVATION ACTIVITIES.—The Commis25 sion shall identify in the annual budget justification 


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1 international nuclear reactor export and innovation 

2 activities described in section 101(a) of the AD3 VANCE Act of 2023.’’; and 

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

5 the end the following: 

6 ‘‘(iv) Costs for international nuclear 

7 reactor export and innovation activities de8 scribed in section 101(a) of the AD9 VANCE Act of 2023.’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

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

12 2024. 

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

14 the authority of the Commission to license and regulate 

15 the civilian use of radioactive materials. 

16 SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 

17 NATIONAL SECURITY PURPOSES. 

18 (a) DEFINITION OF COVERED FUEL.—In this sec19 tion, the term ‘‘covered fuel’’ means enriched uranium 

20 that is fabricated into fuel assemblies for nuclear reactors 

21 by an entity that— 

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

23 the Russian Federation or the Government of the 

24 People’s Republic of China; or 


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

2 subject to the jurisdiction of, the Russian Federation 

3 or the People’s Republic of China. 

4 (b) PROHIBITION ON UNLICENSED POSSESSION OR

5 OWNERSHIP OF COVERED FUEL.—Unless specifically au6 thorized by the Commission in a license issued under sec7 tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 

8 2073) and part 70 of title 10, Code of Federal Regulations 

9 (or successor regulations), no person subject to the juris10 diction of the Commission may possess or own covered 

11 fuel. 

12 (c) LICENSE TO POSSESS OR OWN COVERED

13 FUEL.— 

14 (1) CONSULTATION REQUIRED PRIOR TO

15 ISSUANCE.—The Commission shall not issue a li16 cense to possess or own covered fuel under section 

17 53 of the Atomic Energy Act of 1954 (42 U.S.C. 

18 2073) and part 70 of title 10, Code of Federal Reg19 ulations (or successor regulations), unless the Com20 mission has first consulted with the Secretary of En21 ergy and the Secretary of State before issuing the li22 cense. 

23 (2) PROHIBITION ON ISSUANCE OF LICENSE.— 

24 (A) IN GENERAL.—Subject to subpara25 graph (C), a license to possess or own covered 


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1 fuel shall not be issued if the Secretary of En2 ergy and the Secretary of State make the deter3 mination described in subparagraph (B). 

4 (B) DETERMINATION.— 

5 (i) IN GENERAL.—The determination 

6 referred to in subparagraph (A) is a deter7 mination that possession or ownership, as 

8 applicable, of covered fuel poses a threat to 

9 the national security of the United States 

10 that adversely impacts the physical and 

11 economic security of the United States. 

12 (ii) JOINT DETERMINATION.—A deter13 mination described in clause (i) shall be 

14 jointly made by the Secretary of Energy 

15 and the Secretary of State. 

16 (iii) TIMELINE.— 

17 (I) NOTICE OF APPLICATION.— 

18 Not later than 30 days after the date 

19 on which the Commission receives an 

20 application for a license to possess or 

21 own covered fuel, the Commission 

22 shall notify the Secretary of Energy 

23 and the Secretary of State of the ap24 plication. 


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1 (II) DETERMINATION.—The Sec2 retary of Energy and the Secretary of 

3 State shall have a period of 180 days, 

4 beginning on the date on which the 

5 Commission notifies the Secretary of 

6 Energy and the Secretary of State 

7 under subclause (I) of an application 

8 for a license to possess or own covered 

9 fuel, in which to make the determina10 tion described in clause (i). 

11 (III) COMMISSION NOTIFICA12 TION.—On making the determination 

13 described in clause (i), the Secretary 

14 of Energy and the Secretary of State 

15 shall immediately notify the Commis16 sion. 

17 (IV) CONGRESSIONAL NOTIFICA18 TION.—Not later than 30 days after 

19 the date on which the Secretary of 

20 Energy and the Secretary of State no21 tify the Commission under subclause 

22 (III), the Commission shall notify the 

23 appropriate committees of Congress of 

24 the determination. 


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1 (V) PUBLIC NOTICE.—Not later 

2 than 15 days after the date on which 

3 the Commission notifies Congress 

4 under subclause (IV) of a determina5 tion made under clause (i), the Com6 mission shall make that determination 

7 publicly available. 

8 (C) EFFECT OF NO DETERMINATION.— 

9 The prohibition described in subparagraph (A) 

10 shall not apply if the Secretary of Energy and 

11 the Secretary of State do not make the deter12 mination described in subparagraph (B) by the 

13 date described in clause (iii)(II) of that sub14 paragraph. 

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

16 any treaty or international agreement in effect on the date 

17 of enactment of this Act. 

18 SEC. 103. EXPORT LICENSE REQUIREMENTS. 

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

20 this section, the term ‘‘low-enriched uranium’’ means ura21 nium enriched to less than 20 percent of the uranium22 235 isotope. 

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

24 an export license for the transfer of any item described 

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


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1 unless the Commission makes a determination that such 

2 transfer will not be inimical to the common defense and 

3 security of the United States. 

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

5 in subsection (b) is a country that— 

6 (1) has not concluded and ratified an Addi7 tional Protocol to its safeguards agreement with the 

8 International Atomic Energy Agency; or 

9 (2) has not ratified or acceded to the amend10 ment to the Convention on the Physical Protection 

11 of Nuclear Material, adopted at Vienna October 26, 

12 1979, and opened for signature at New York March 

13 3, 1980 (TIAS 11080), described in the information 

14 circular of the International Atomic Energy Agency 

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

16 May 9, 2016 (TIAS 16–508). 

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

19 (1) unirradiated nuclear fuel containing special 

20 nuclear material (as defined in section 11 of the 

21 Atomic Energy Act of 1954 (42 U.S.C. 2014)), ex22 cluding low-enriched uranium; 

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


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1 (3) any plant or component listed in Appendix 

2 I to part 110 of title 10, Code of Federal Regula3 tions (or successor regulations), that is involved in— 

4 (A) the reprocessing of irradiated nuclear 

5 reactor fuel elements; 

6 (B) the separation of plutonium; or 

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

9 (e) NOTIFICATION.—If the Commission makes a de10 termination under subsection (b) that the transfer of any 

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

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

13 and security of the United States, the Commission shall 

14 notify the appropriate committees of Congress. 

15 SEC. 104. COORDINATED INTERNATIONAL ENGAGEMENT. 

16 (a) DEFINITIONS.—In this section: 

17 (1) EMBARKING CIVIL NUCLEAR ENERGY NA18 TION.— 

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

20 civil nuclear energy nation’’ means a country 

21 that— 

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

23 program; 

24 (II) is in the process of developing or 

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1 ing safeguards and a legal and regulatory 

2 framework; or 

3 (III) is in the process of selecting, de4 veloping, constructing, or utilizing an ad5 vanced nuclear reactor or advanced civil 

6 nuclear technologies; and 

7 (ii) is eligible to receive development 

8 lending from the World Bank. 

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

10 civil nuclear energy nation’’ does not include— 

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

12 (ii) the Russian Federation; 

13 (iii) the Republic of Belarus; 

14 (iv) the Islamic Republic of Iran; 

15 (v) the Democratic People’s Republic 

16 of Korea; 

17 (vi) the Republic of Cuba; 

18 (vii) the Bolivarian Republic of Ven19 ezuela; 

20 (viii) the Syrian Arab Republic; or 

21 (ix) any other country— 

22 (I) the property or interests in 

23 property of the government of which 

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1 national Emergency Economic Powers 

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

3 (II) the government of which the 

4 Secretary of State has determined has 

5 repeatedly provided support for acts 

6 of international terrorism for purposes 

7 of— 

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

9 Foreign Assistance Act of 1961 

10 (22 U.S.C. 2371(a)); 

11 (bb) section 40(d) of the 

12 Arms Export Control Act (22 

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

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

15 of the Export Control Reform 

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

17 4813(c)(1)(A)(i)); or 

18 (dd) any other relevant pro19 vision of law. 

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

21 means the Secretary of Commerce and the Secretary 

22 of Energy, acting— 

23 (A) in consultation with each other; and 

24 (B) in coordination with— 

25 (i) the Secretary of State; 


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1 (ii) the Commission; 

2 (iii) the Secretary of the Treasury; 

3 (iv) the President of the Export-Im4 port Bank of the United States; and 

5 (v) officials of other Federal agencies, 

6 as the Secretary of Commerce determines 

7 to be appropriate. 

8 (b) INTERNATIONAL CIVIL NUCLEAR MODERNIZA9 TION INITIATIVE.— 

10 (1) IN GENERAL.—The Secretaries shall estab11 lish and carry out, in accordance with applicable nu12 clear technology export laws (including regulations), 

13 an international initiative to modernize civil nuclear 

14 outreach to embarking civil nuclear energy nations. 

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

16 described in paragraph (1)— 

17 (A) the Secretary of Commerce shall— 

18 (i) expand outreach by the executive 

19 branch to the private investment commu20 nity to create public-private financing rela21 tionships to assist in the export of civil nu22 clear technology to embarking civil nuclear 

23 energy nations; 


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1 (ii) seek to coordinate, to the max2 imum extent practicable, the work carried 

3 out by each of— 

4 (I) the Commission; 

5 (II) the Department of Energy; 

6 (III) the Department of State; 

7 (IV) the Nuclear Energy Agency; 

8 (V) the International Atomic En9 ergy Agency; and 

10 (VI) other agencies, as the Sec11 retary of Commerce determines to be 

12 appropriate; and 

13 (iii) improve the regulatory framework 

14 to allow for the efficient and expeditious 

15 exporting and importing of items under the 

16 jurisdiction of the Secretary of Commerce; 

17 and 

18 (B) the Secretary of Energy shall— 

19 (i) assist nongovernmental organiza20 tions and appropriate offices, administra21 tions, agencies, laboratories, and programs 

22 of the Federal Government in providing 

23 education and training to foreign govern24 ments in nuclear safety, security, and safe25 guards— 


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1 (I) through engagement with the 

2 International Atomic Energy Agency; 

3 or 

4 (II) independently, if the applica5 ble nongovernmental organization, of6 fice, administration, agency, labora7 tory, or program determines that it 

8 would be more advantageous under 

9 the circumstances to provide the ap10 plicable education and training inde11 pendently; and 

12 (ii) assist the efforts of the Inter13 national Atomic Energy Agency to expand 

14 the support provided by the International 

15 Atomic Energy Agency to embarking civil 

16 nuclear energy nations for nuclear safety, 

17 security, and safeguards. 

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

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

20 consultation with the Secretary of Energy, shall submit 

21 to Congress a report describing the activities carried out 

22 under this section. 


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1 TITLE II—DEVELOPING AND DE2 PLOYING NEW NUCLEAR 

3 TECHNOLOGIES 

4 SEC. 201. FEES FOR ADVANCED NUCLEAR REACTOR APPLI5 CATION REVIEW. 

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

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

8 Public Law 115–439) is amended— 

9 (1) by redesignating paragraphs (2) through 

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

11 (14), (15), (16), (17), (18), (19), and (20), respec12 tively; 

13 (2) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) ADVANCED NUCLEAR REACTOR APPLI16 CANT.—The term ‘advanced nuclear reactor appli17 cant’ means an entity that has submitted to the 

18 Commission an application to receive a license for an 

19 advanced nuclear reactor under the Atomic Energy 

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

21 (3) by inserting after paragraph (3) (as so re22 designated) the following: 

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

24 support’ means the resources of the Commission 

25 that are located in executive, administrative, and 


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1 other support offices of the Commission, as de2 scribed in the document of the Commission entitled 

3 ‘FY 2022 Final Fee Rule Work Papers’ (or a suc4 cessor document).’’; 

5 (4) by inserting after paragraph (9) (as so re6 designated) the following: 

7 ‘‘(10) HOURLY RATE FOR MISSION-DIRECT PRO8 GRAM SALARIES AND BENEFITS FOR THE NUCLEAR

9 REACTOR SAFETY PROGRAM.—The term ‘hourly rate 

10 for mission-direct program salaries and benefits for 

11 the Nuclear Reactor Safety Program’ means the 

12 quotient obtained by dividing— 

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

14 the meaning of the document of the Commis15 sion entitled ‘FY 2022 Final Fee Rule Work 

16 Papers’ (or a successor document)) for mission17 direct program salaries and benefits for the Nu18 clear Reactor Safety Program (as determined 

19 by the Commission) for a fiscal year; by 

20 ‘‘(B) the productive hours assumption for 

21 that fiscal year, determined in accordance with 

22 the formula established in the document re23 ferred to in subparagraph (A) (or a successor 

24 document).’’; and 


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

3 ‘‘(12) MISSION-DIRECT PROGRAM SALARIES

4 AND BENEFITS FOR THE NUCLEAR REACTOR SAFETY

5 PROGRAM.—The term ‘mission-direct program sala6 ries and benefits for the Nuclear Reactor Safety 

7 Program’ means the resources of the Commission 

8 that are allocated to the Nuclear Reactor Safety 

9 Program (as determined by the Commission) to per10 form core work activities committed to fulfilling the 

11 mission of the Commission to protect public health 

12 and safety, promote the common defense and secu13 rity, and protect the environment, as described in 

14 the document of the Commission entitled ‘FY 2022 

15 Final Fee Rule Work Papers’ (or a successor docu16 ment). 

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

18 The term ‘mission-indirect program support’ means 

19 the resources of the Commission that support the 

20 core mission-direct activities for the Nuclear Reactor 

21 Safety Program of the Commission (as determined 

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

23 the Commission entitled ‘FY 2022 Final Fee Rule 

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


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

2 of the Nuclear Energy Innovation and Modernization Act 

3 (42 U.S.C. 2215(b)(1)(B)) (as amended by section 

4 101(c)(1)(B)) is amended by adding at the end the fol5 lowing: 

6 ‘‘(v) The total costs of mission-indi7 rect program support and agency support 

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

9 included in the hourly rate charged for fees 

10 assessed to advanced nuclear reactor appli11 cants.’’. 

12 (c) FEES FOR SERVICE OR THING OF VALUE.—Sec13 tion 102(b) of the Nuclear Energy Innovation and Mod14 ernization Act (42 U.S.C. 2215(b)) is amended by striking 

15 paragraph (2) and inserting the following: 

16 ‘‘(2) FEES FOR SERVICE OR THING OF

17 VALUE.— 

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

19 section 9701 of title 31, United States Code, 

20 the Commission shall assess and collect fees 

21 from any person who receives a service or thing 

22 of value from the Commission to cover the costs 

23 to the Commission of providing the service or 

24 thing of value. 


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1 ‘‘(B) ADVANCED NUCLEAR REACTOR AP2 PLICANTS.—The hourly rate charged for fees 

3 assessed to advanced nuclear reactor applicants 

4 under this paragraph relating to the review of 

5 a submitted application described in section 

6 3(1) shall not exceed the hourly rate for mis7 sion-direct program salaries and benefits for the 

8 Nuclear Reactor Safety Program.’’. 

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

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

11 SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES. 

12 Section 103 of the Nuclear Energy Innovation and 

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

14 is amended by adding at the end the following: 

15 ‘‘(f) PRIZES FOR ADVANCED NUCLEAR REACTOR LI16 CENSING.— 

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

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

19 ‘‘(A) a non-Federal entity; and 

20 ‘‘(B) the Tennessee Valley Authority. 

21 ‘‘(2) PRIZE FOR ADVANCED NUCLEAR REACTOR

22 LICENSING.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding sec24 tion 169 of the Atomic Energy Act of 1954 (42 

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


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1 appropriations, the Secretary is authorized to 

2 make, with respect to each award category de3 scribed in subparagraph (C), an award in an 

4 amount described in subparagraph (B) to the 

5 first eligible entity— 

6 ‘‘(i) to which the Commission issues 

7 an operating license for an advanced nu8 clear reactor under part 50 of title 10, 

9 Code of Federal Regulations (or successor 

10 regulations), for which an application has 

11 not been approved by the Commission as 

12 of the date of enactment of this subsection; 

13 or 

14 ‘‘(ii) for which the Commission makes 

15 a finding described in section 52.103(g) of 

16 title 10, Code of Federal Regulations (or 

17 successor regulations), with respect to a 

18 combined license for an advanced nuclear 

19 reactor— 

20 ‘‘(I) that is issued under subpart 

21 C of part 52 of that title (or successor 

22 regulations); and 

23 ‘‘(II) for which an application 

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1 mission as of the date of enactment of 

2 this subsection. 

3 ‘‘(B) AMOUNT OF AWARD.—An award 

4 under subparagraph (A) shall be in an amount 

5 equal to the total amount assessed by the Com6 mission and collected under section 102(b)(2) 

7 from the eligible entity receiving the award for 

8 costs relating to the issuance of the license de9 scribed in that subparagraph, including, as ap10 plicable, costs relating to the issuance of an as11 sociated construction permit described in sec12 tion 50.23 of title 10, Code of Federal Regula13 tions (or successor regulations), or early site 

14 permit (as defined in section 52.1 of that title 

15 (or successor regulations)). 

16 ‘‘(C) AWARD CATEGORIES.—An award 

17 under subparagraph (A) may be made for— 

18 ‘‘(i) the first advanced nuclear reactor 

19 for which the Commission— 

20 ‘‘(I) issues a license in accord21 ance with clause (i) of subparagraph 

22 (A); or 

23 ‘‘(II) makes a finding in accord24 ance with clause (ii) of that subpara25 graph; 


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1 ‘‘(ii) an advanced nuclear reactor 

2 that— 

3 ‘‘(I) uses isotopes derived from 

4 spent nuclear fuel (as defined in sec5 tion 2 of the Nuclear Waste Policy 

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

7 depleted uranium as fuel for the ad8 vanced nuclear reactor; and 

9 ‘‘(II) is the first advanced nu10 clear reactor described in subclause 

11 (I) for which the Commission— 

12 ‘‘(aa) issues a license in ac13 cordance with clause (i) of sub14 paragraph (A); or 

15 ‘‘(bb) makes a finding in ac16 cordance with clause (ii) of that 

17 subparagraph; 

18 ‘‘(iii) an advanced nuclear reactor 

19 that— 

20 ‘‘(I) is a nuclear integrated en21 ergy system— 

22 ‘‘(aa) that is composed of 2 

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1 eration, energy storage, or other 

2 technologies; 

3 ‘‘(bb) in which not fewer 

4 than 1 subsystem described in 

5 item (aa) is a nuclear energy sys6 tem; and 

7 ‘‘(cc) the purpose of which 

8 is— 

9 ‘‘(AA) to reduce green10 house gas emissions in both 

11 the power and nonpower sec12 tors; and 

13 ‘‘(BB) to maximize en14 ergy production and effi15 ciency; and 

16 ‘‘(II) is the first advanced nu17 clear reactor described in subclause 

18 (I) for which the Commission— 

19 ‘‘(aa) issues a license in ac20 cordance with clause (i) of sub21 paragraph (A); or 

22 ‘‘(bb) makes a finding in ac23 cordance with clause (ii) of that 

24 subparagraph; 

25 ‘‘(iv) an advanced reactor that— 


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1 ‘‘(I) operates flexibly to generate 

2 electricity or high temperature process 

3 heat for nonelectric applications; and 

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

6 (I) for which the Commission— 

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

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

12 subparagraph; and 

13 ‘‘(v) the first advanced nuclear reactor 

14 for which the Commission grants approval 

15 to load nuclear fuel pursuant to the tech16 nology-inclusive regulatory framework es17 tablished under subsection (a)(4). 

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

19 award under this subsection shall not exceed the 

20 total amount expended (excluding any expenditures 

21 made with Federal funds received for the applicable 

22 project and an amount equal to the minimum cost23 share required under section 988 of the Energy Pol24 icy Act of 2005 (42 U.S.C. 16352)) by the eligible 


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1 entity receiving the award for licensing costs relating 

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

3 SEC. 203. REPORT ON UNIQUE LICENSING CONSIDER4 ATIONS RELATING TO THE USE OF NUCLEAR 

5 ENERGY FOR NONELECTRIC APPLICATIONS. 

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

7 date of enactment of this Act, the Commission shall sub8 mit to the appropriate committees of Congress a report 

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

10 unique licensing issues or requirements relating to— 

11 (1) the flexible operation of nuclear reactors, 

12 such as ramping power output and switching be13 tween electricity generation and nonelectric applica14 tions; 

15 (2) the use of advanced nuclear reactors exclu16 sively for nonelectric applications; and 

17 (3) the colocation of nuclear reactors with in18 dustrial plants or other facilities. 

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

20 the Commission shall seek input from— 

21 (1) the Secretary of Energy; 

22 (2) the nuclear energy industry; 

23 (3) technology developers; 

24 (4) the industrial, chemical, and medical sec25 tors; 


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1 (5) nongovernmental organizations; and 

2 (6) other public stakeholders. 

3 (c) CONTENTS.— 

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

5 (A) any unique licensing issues or require6 ments relating to the matters described in para7 graphs (1) through (3) of subsection (a), in8 cluding, with respect to the nonelectric applica9 tions referred to in paragraphs (1) and (2) of 

10 that subsection, any licensing issues or require11 ments relating to the use of nuclear energy in— 

12 (i) hydrogen or other liquid and gas13 eous fuel or chemical production; 

14 (ii) water desalination and wastewater 

15 treatment; 

16 (iii) heat for industrial processes; 

17 (iv) district heating; 

18 (v) energy storage; 

19 (vi) industrial or medical isotope pro20 duction; and 

21 (vii) other applications, as identified 

22 by the Commission; 

23 (B) options for addressing those issues or 

24 requirements— 


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1 (i) within the existing regulatory 

2 framework of the Commission; 

3 (ii) as part of the technology-inclusive 

4 regulatory framework required under sub5 section (a)(4) of section 103 of the Nuclear 

6 Energy Innovation and Modernization Act 

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

8 439) or described in the report required 

9 under subsection (e) of that section (Public 

10 Law 115–439; 132 Stat. 5575); or 

11 (iii) through a new rulemaking; and 

12 (C) the extent to which Commission action 

13 is needed to implement any matter described in 

14 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 in the licensing of nuclear reac20 tors for nonelectric applications. 

21 SEC. 204. ENABLING PREPARATIONS FOR THE DEMONSTRA22 TION OF ADVANCED NUCLEAR REACTORS ON 

23 DEPARTMENT OF ENERGY SITES. 

24 (a) IN GENERAL.—Section 102(b)(1)(B) of the Nu25 clear Energy Innovation and Modernization Act (42 


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

2 amended by adding at the end the following: 

3 ‘‘(vi) Costs for— 

4 ‘‘(I) activities to review and ap5 prove or disapprove an application for 

6 an early site permit (as defined in sec7 tion 52.1 of title 10, Code of Federal 

8 Regulations (or a successor regula9 tion)) to demonstrate an advanced nu10 clear reactor on a Department of En11 ergy site; and 

12 ‘‘(II) pre-application activities re13 lating to an early site permit (as so 

14 defined) to demonstrate an advanced 

15 nuclear reactor on a Department of 

16 Energy site.’’. 

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

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

19 SEC. 205. CLARIFICATION ON FUSION REGULATION. 

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

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

22 115–439) is amended— 

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

24 following: 

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


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

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

3 For purposes of subparagraph (A), the term 

4 ‘advanced reactor applicant’ does not include an 

5 applicant seeking a license for a fusion reac6 tor.’’. 

7 SEC. 206. REGULATORY ISSUES FOR NUCLEAR FACILITIES 

8 AT BROWNFIELD SITES. 

9 (a) DEFINITIONS.— 

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

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

12 of the Comprehensive Environmental Response, 

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

14 9601). 

15 (2) PRODUCTION FACILITY.—The term ‘‘pro16 duction facility’’ has the meaning given the term in 

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

18 U.S.C. 2014). 

19 (3) RETIRED FOSSIL FUEL SITE.—The term 

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

21 fossil fuel electric generation facilities that are re22 tired or scheduled to retire, including multi-unit fa23 cilities that are partially shut down. 

24 (4) UTILIZATION FACILITY.—The term ‘‘utiliza25 tion facility’’ has the meaning given the term in secVerDate Sep 11 2014 06:07 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111

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1 tion 11 of the Atomic Energy Act of 1954 (42 

2 U.S.C. 2014). 

3 (b) IDENTIFICATION OF REGULATORY ISSUES.— 

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

5 the date of enactment of this Act, the Commission 

6 shall evaluate the extent to which modification of 

7 regulations, guidance, or policy is needed to enable 

8 timely licensing reviews for, and to support the over9 sight of, production facilities or utilization facilities 

10 at brownfield sites. 

11 (2) REQUIREMENT.—In carrying out paragraph 

12 (1), the Commission shall consider how licensing re13 views for production facilities or utilization facilities 

14 at brownfield sites may be expedited by considering 

15 matters relating to siting and operating a production 

16 facility or a utilization facility at or near a retired 

17 fossil fuel site to support the reuse of existing site 

18 infrastructure, including— 

19 (A) electric switchyard components and 

20 transmission infrastructure; 

21 (B) heat-sink components; 

22 (C) steam cycle components; 

23 (D) roads; 

24 (E) railroad access; and 

25 (F) water availability. 


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

2 the date of enactment of this Act, the Commission 

3 shall submit to the appropriate committees of Con4 gress a report describing any regulations, guidance, 

5 and policies identified under paragraph (1). 

6 (c) LICENSING.— 

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

8 the date of enactment of this Act, the Commission 

9 shall— 

10 (A) develop and implement strategies to 

11 enable timely licensing reviews for, and to sup12 port the oversight of, production facilities or 

13 utilization facilities at brownfield sites, includ14 ing retired fossil fuel sites; or 

15 (B) initiate a rulemaking to enable timely 

16 licensing reviews for, and to support the over17 sight of, of production facilities or utilization 

18 facilities at brownfield sites, including retired 

19 fossil fuel sites. 

20 (2) REQUIREMENTS.—In carrying out para21 graph (1), consistent with the role of the Commis22 sion in protecting public health and safety and the 

23 common defense and security, the Commission shall 

24 consider matters relating to— 

25 (A) the use of existing site infrastructure; 


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1 (B) existing emergency preparedness orga2 nizations and planning; 

3 (C) the availability of historical site-spe4 cific environmental data; 

5 (D) previously approved environmental re6 views required by the National Environmental 

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

8 (E) activities associated with the potential 

9 decommissioning of facilities or decontamina10 tion and remediation at brownfield sites; and 

11 (F) community engagement and historical 

12 experience with energy production. 

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

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

15 the appropriate committees of Congress a report describ16 ing the actions taken by the Commission under subsection 

17 (c). 

18 SEC. 207. APPALACHIAN REGIONAL COMMISSION NUCLEAR 

19 ENERGY DEVELOPMENT. 

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

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

22 by adding at the end the following: 

23 ‘‘§ 14512. Appalachian Regional Commission nuclear 

24 energy development 

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


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

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

3 of the Comprehensive Environmental Response, 

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

5 9601). 

6 ‘‘(2) PRODUCTION FACILITY.—The term ‘pro7 duction facility’ has the meaning given the term in 

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

9 U.S.C. 2014). 

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

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

12 fossil fuel electric generation facilities that are re13 tired or scheduled to retire, including multi-unit fa14 cilities that are partially shut down. 

15 ‘‘(4) UTILIZATION FACILITY.—The term ‘utili16 zation facility’ has the meaning given the term in 

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

18 U.S.C. 2014). 

19 ‘‘(b) AUTHORITY.—The Appalachian Regional Com20 mission may provide technical assistance to, make grants 

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

22 to individuals or entities in the Appalachian region for 

23 projects and activities— 

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

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1 erating a production facility or a utilization facility 

2 at a brownfield site, including a retired fossil fuel 

3 site; 

4 ‘‘(2) to assist with workforce training or re5 training to perform activities relating to the siting 

6 and operation of a production facility or a utilization 

7 facility at a brownfield site, including a retired fossil 

8 fuel site; and 

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

10 Commission, the Department of Energy, and other 

11 Federal agencies with expertise in civil nuclear en12 ergy. 

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

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

15 this section— 

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

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

18 amounts made available to carry out this section; 

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

20 carried out in a county for which a distressed county 

21 designation is in effect under section 14526, not 

22 more than 80 percent may be provided from 

23 amounts made available to carry out this section; 

24 and 


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

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

3 designation is in effect under section 14526, not 

4 more than 70 percent may be provided from 

5 amounts made available to carry out this section. 

6 ‘‘(d) SOURCES OF ASSISTANCE.—Subject to sub7 section (c), a grant provided under this section may be 

8 provided from amounts made available to carry out this 

9 section, in combination with amounts made available— 

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

11 ‘‘(2) from any other source. 

12 ‘‘(e) FEDERAL SHARE.—Notwithstanding any provi13 sion of law limiting the Federal share under any other 

14 Federal program, amounts made available to carry out 

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

16 as the Appalachian Regional Commission determines to be 

17 appropriate.’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 14703 of title 40, United States Code, is amended— 

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

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

22 (2) by inserting after subsection (d) the fol23 lowing: 

24 ‘‘(e) APPALACHIAN REGIONAL COMMISSION NU25 CLEAR ENERGY DEVELOPMENT.—Of the amounts made 


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

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

3 through 2026.’’. 

4 (c) CLERICAL AMENDMENT.—The analysis for sub5 chapter I of chapter 145 of subtitle IV of title 40, United 

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

7 section 14511 and inserting the following: 

‘‘14511. Appalachian regional energy hub initiative. 

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

8 TITLE III—PRESERVING EXIST9 ING NUCLEAR ENERGY GEN10 ERATION 

11 SEC. 301. INVESTMENT BY ALLIES. 

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

13 certain licenses for utilization facilities to certain corpora14 tions and other entities described in the second sentence 

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

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

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

18 entity described in subsection (b) if the Commission deter19 mines that issuance of the applicable license to that entity 

20 is not inimical to— 

21 (1) the common defense and security; or 

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


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

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

3 owned, controlled, or dominated by— 

4 (1) the government of— 

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

6 Group of Seven as of November 25, 2020, 

7 which includes the United Kingdom, Germany, 

8 Canada, Japan, France, and Italy; or 

9 (B) the Republic of Korea; 

10 (2) a corporation that is incorporated in a 

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

12 paragraph (1); or 

13 (3) an alien who is a national of a country de14 scribed in subparagraph (A) or (B) of paragraph 

15 (1). 

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

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

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

19 and inserting ‘‘any’’. 

20 (d) SAVINGS CLAUSE.—Nothing in this section af21 fects the requirements of section 721 of the Defense Pro22 duction Act of 1950 (50 U.S.C. 4565). 

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

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

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


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

2 31, 2025’’ each place it appears and inserting ‘‘December 

3 31, 2045’’. 

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

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

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

7 2041’’. 

8 TITLE IV—NUCLEAR FUEL 

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

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

14 ENERGY APPLICATIONS. 

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

16 date of enactment of this Act, the Commission shall sub17 mit to the appropriate committees of Congress a report 

18 (referred to in this section as the ‘‘report’’) on manufac19 turing and construction for nuclear energy applications. 

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

21 the Commission shall seek input from— 

22 (1) the Secretary of Energy; 

23 (2) the nuclear energy industry; 

24 (3) National Laboratories; 

25 (4) institutions of higher education; 


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1 (5) nuclear and manufacturing technology de2 velopers; 

3 (6) the manufacturing and construction indus4 tries, including manufacturing and construction 

5 companies with operating facilities in the United 

6 States; 

7 (7) standards development organizations; 

8 (8) labor unions; 

9 (9) nongovernmental organizations; and 

10 (10) other public stakeholders. 

11 (c) CONTENTS.— 

12 (1) IN GENERAL.—The report shall— 

13 (A) examine any unique licensing issues or 

14 requirements relating to the use of innovative— 

15 (i) advanced manufacturing processes; 

16 (ii) advanced construction techniques; 

17 and 

18 (iii) rapid improvement or iterative in19 novation processes; 

20 (B) examine— 

21 (i) the requirements for nuclear-grade 

22 components in manufacturing and con23 struction for nuclear energy applications; 

24 (ii) opportunities to use standard ma25 terials, parts, or components in manufacVerDate Sep 11 2014 06:07 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111

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1 turing and construction for nuclear energy 

2 applications; 

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

5 codes to provide acceptable approaches to 

6 support or encapsulate new materials that 

7 do not yet have applicable codes; and 

8 (iv) requirements relating to the 

9 transport of a fueled advanced nuclear re10 actor core from a manufacturing licensee 

11 to a licensee that holds a license to con12 struct and operate a facility at a particular 

13 site; 

14 (C) identify any safety aspects of innova15 tive advanced manufacturing processes and ad16 vanced construction techniques that are not ad17 dressed by existing codes and standards, so that 

18 generic guidance may be updated or created, as 

19 necessary; 

20 (D) identify options for addressing the 

21 issues, requirements, and opportunities exam22 ined under subparagraphs (A) and (B)— 

23 (i) within the existing regulatory 

24 framework; or 

25 (ii) through a new rulemaking; 


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

3 subparagraphs (A) and (B) will impact oppor4 tunities for domestic nuclear manufacturing 

5 and construction developers; and 

6 (F) describe the extent to which Commis7 sion action is needed to implement any matter 

8 described in the report. 

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

11 proposed budgets, and proposed timeframes for im12 plementing risk-informed and performance-based 

13 regulatory guidance for manufacturing and construc14 tion for nuclear energy applications. 

15 SEC. 402. NUCLEAR ENERGY TRAINEESHIP. 

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

18 (1) in subsection (a), by striking ‘‘Nuclear Reg19 ulatory’’; 

20 (2) in subsection (b)(1), in the matter pre21 ceding subparagraph (A), by inserting ‘‘and sub22 section (c)’’ after ‘‘paragraph (2)’’; 

23 (3) in subsection (c)— 

24 (A) by redesignating paragraph (2) as 

25 paragraph (5); and 


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1 (B) by striking paragraph (1) and insert2 ing the following: 

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

4 term ‘advanced nuclear reactor’ has the meaning 

5 given the term in section 951(b) of the Energy Pol6 icy Act of 2005 (42 U.S.C. 16271(b)). 

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

8 means the Nuclear Regulatory Commission. 

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

10 The term ‘institution of higher education’ has the 

11 meaning given the term in section 2 of the Energy 

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

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

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

16 (42 U.S.C. 16271(b)).’’; 

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

18 Regulatory’’; 

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

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

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

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


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1 ‘‘(1) IN GENERAL.—The Commission shall es2 tablish, as a subprogram of the Program, a nuclear 

3 energy traineeship subprogram under which the 

4 Commission, in coordination with institutions of 

5 higher education and trade schools, shall competi6 tively award traineeships that provide focused train7 ing to meet critical mission needs of the Commission 

8 and nuclear workforce needs, including needs relat9 ing to— 

10 ‘‘(A) nuclear criticality safety; and 

11 ‘‘(B) the nuclear tradecraft workforce. 

12 ‘‘(2) REQUIREMENTS.—In carrying out the nu13 clear energy traineeship subprogram described in 

14 paragraph (1), the Commission shall— 

15 ‘‘(A) coordinate with the Secretary of En16 ergy to prioritize the funding of traineeships 

17 that focus on— 

18 ‘‘(i) nuclear workforce needs; and 

19 ‘‘(ii) critical mission needs of the 

20 Commission; 

21 ‘‘(B) encourage appropriate partnerships 

22 among— 

23 ‘‘(i) National Laboratories; 

24 ‘‘(ii) institutions of higher education; 

25 ‘‘(iii) trade schools; 


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

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

3 determines to be appropriate; and 

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

5 workforce needs for the purpose of imple6 menting traineeships in focused topical areas 

7 that— 

8 ‘‘(i) address the workforce needs of 

9 the nuclear energy community; and 

10 ‘‘(ii) support critical mission needs of 

11 the Commission.’’. 

12 SEC. 403. REPORT ON COMMISSION READINESS AND CA13 PACITY TO LICENSE ADDITIONAL CONVER14 SION AND ENRICHMENT CAPACITY TO RE15 DUCE RELIANCE ON URANIUM FROM RUSSIA. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Commission shall submit to the appro18 priate committees of Congress a report on the readiness 

19 and capacity of the Commission to license additional con20 version and enrichment capacity at existing and new fuel 

21 cycle facilities to reduce reliance on nuclear fuel that is 

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

23 that— 

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

25 the Russian Federation; or 


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

2 subject to the jurisdiction of, the Russian Federa3 tion. 

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

5 AND HIGH-LEVEL RADIOACTIVE WASTE IN6 VENTORY IN THE UNITED STATES. 

7 (a) DEFINITIONS.—In this section: 

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

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

10 given the term in section 2 of the Nuclear Waste 

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

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

13 nuclear fuel’’ has the meaning given the term in sec14 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

15 U.S.C. 10101). 

16 (3) STANDARD CONTRACT.—The term ‘‘stand17 ard contract’’ has the meaning given the term ‘‘con18 tract’’ in section 961.3 of title 10, Code of Federal 

19 Regulations (or a successor regulation). 

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

21 annually thereafter, the Secretary of Energy shall submit 

22 to Congress a report that describes— 

23 (1) the annual and cumulative amount of pay24 ments made by the United States to the holder of 

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1 tract under the Nuclear Waste Policy Act of 1982 

2 (42 U.S.C. 10101 et seq.) resulting in financial 

3 damages to the holder; 

4 (2) the cumulative amount spent by the Depart5 ment of Energy since fiscal year 2008 to reduce fu6 ture payments projected to be made by the United 

7 States to any holder of a standard contract due to 

8 a partial breach of contract under the Nuclear 

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

10 (3) the cumulative amount spent by the Depart11 ment of Energy to store, manage, and dispose of 

12 spent nuclear fuel and high-level radioactive waste in 

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

14 (4) the projected lifecycle costs to store, man15 age, transport, and dispose of the projected inven16 tory of spent nuclear fuel and high-level radioactive 

17 waste in the United States, including spent nuclear 

18 fuel and high-level radioactive waste expected to be 

19 generated from existing reactors through 2050; 

20 (5) any mechanisms for better accounting of li21 abilities for the lifecycle costs of the spent nuclear 

22 fuel and high-level radioactive waste inventory in the 

23 United States; and 

24 (6) any recommendations for improving the 

25 methods used by the Department of Energy for the 


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1 accounting of spent nuclear fuel and high-level ra2 dioactive waste costs and liabilities. 

3 SEC. 405. AUTHORIZATION OF APPROPRIATIONS FOR 

4 SUPERFUND ACTIONS AT ABANDONED MIN5 ING SITES ON TRIBAL LAND. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ELIGIBLE NON-NPL SITE.—The term ‘‘eligi8 ble non-NPL site’’ means a site— 

9 (A) that is not on the National Priorities 

10 List; but 

11 (B) with respect to which the Adminis12 trator determines that— 

13 (i) the site would be eligible for listing 

14 on the National Priorities List based on 

15 the presence of hazards from contamina16 tion at the site, applying the hazard rank17 ing system described in section 105(c) of 

18 the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 

20 1980 (42 U.S.C. 9605(c)); and 

21 (ii) for removal site evaluations, engi22 neering evaluations/cost analyses, remedial 

23 planning activities, remedial investigations 

24 and feasibility studies, and other actions 


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1 taken pursuant to section 104(b) of that 

2 Act (42 U.S.C. 9604), the site— 

3 (I) has undergone a pre4 CERCLA screening; and 

5 (II) is included in the Superfund 

6 Enterprise Management System. 

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

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

9 section 101 of the Comprehensive Environmental 

10 Response, Compensation, and Liability Act of 1980 

11 (42 U.S.C. 9601). 

12 (3) NATIONAL PRIORITIES LIST.—The term 

13 ‘‘National Priorities List’’ means the National Prior14 ities List developed by the President in accordance 

15 with section 105(a)(8)(B) of the Comprehensive En16 vironmental Response, Compensation, and Liability 

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

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

19 The terms ‘‘remedial action’’, ‘‘removal’’, and ‘‘re20 sponse’’ have the meanings given those terms in sec21 tion 101 of the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of 1980 (42 

23 U.S.C. 9601). 


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

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

3 section 1151 of title 18, United States Code. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated for each of fiscal years 

6 2023 through 2032, to remain available until expended— 

7 (1) $97,000,000 to the Administrator to carry 

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

9 (2) $3,000,000 to the Administrator of the 

10 Agency for Toxic Substances and Disease Registry 

11 to carry out subsection (d). 

12 (c) USES OF AMOUNTS.—Amounts appropriated 

13 under subsection (b)(1) shall be used by the Adminis14 trator— 

15 (1) to carry out removal actions on abandoned 

16 mine land located on Tribal land; 

17 (2) to carry out response actions, including re18 moval and remedial planning activities, removal and 

19 remedial studies, remedial actions, and other actions 

20 taken pursuant to section 104(b) of the Comprehen21 sive Environmental Response, Compensation, and 

22 Liability Act of 1980 (42 U.S.C. 9604(b)) on aban23 doned mine land located on Tribal land at— 

24 (A) eligible non-NPL sites; and 


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1 (B) sites listed on the National Priorities 

2 List; and 

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

4 (d) HEALTH ASSESSMENTS.—Subject to the avail5 ability of appropriations, the Agency for Toxic Substances 

6 and Disease Registry, in coordination with Tribal health 

7 authorities, shall perform 1 or more health assessments 

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

9 land, in accordance with section 104(i)(6) of the Com10 prehensive Environmental Response, Compensation, and 

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

12 (e) TRIBAL GRANTS.— 

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

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

15 make grants to eligible entities described in para16 graph (2) for the purposes described in paragraph 

17 (3). 

18 (2) ELIGIBLE ENTITIES DESCRIBED.—An eligi19 ble entity referred to in paragraph (1) is— 

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

21 or 

22 (B) a legally established organization of 

23 Indians that— 

24 (i) is controlled, sanctioned, or char25 tered by the governing bodies of 2 or more 


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1 Indian Tribes to be served, or that is 

2 democratically elected by the adult mem3 bers of the Indian community to be served, 

4 by that organization; and 

5 (ii) includes the maximum participa6 tion of Indians in all phases of the activi7 ties of that organization. 

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

9 subsection shall be used— 

10 (A) in accordance with the second sentence 

11 of section 117(e)(1) of the Comprehensive Envi12 ronmental Response, Compensation, and Liabil13 ity Act of 1980 (42 U.S.C. 9617(e)(1)); 

14 (B) for obtaining technical assistance in 

15 carrying out response actions under subpara16 graph (C); or 

17 (C) for carrying out response actions, if 

18 the Administrator determines that the Indian 

19 Tribe has the capability to carry out any or all 

20 of those response actions in accordance with the 

21 criteria and priorities established pursuant to 

22 section 105(a)(8) of the Comprehensive Envi23 ronmental Response, Compensation, and Liabil24 ity Act of 1980 (42 U.S.C. 9605(a)(8)). 


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1 (4) APPLICATIONS.—An eligible entity desiring 

2 a grant under this subsection shall submit to the 

3 Administrator an application at such time, in such 

4 manner, and containing such information as the Ad5 ministrator may require. 

6 (5) LIMITATIONS.—A grant under this sub7 section shall be governed by the rules, procedures, 

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

9 Comprehensive Environmental Response, Compensa10 tion, and Liability Act of 1980 (42 U.S.C. 

11 9617(e)(2)), except that— 

12 (A) ‘‘Administrator of the Environmental 

13 Protection Agency’’ shall be substituted for 

14 ‘‘President’’ each place it appears in that sec15 tion; and 

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

17 ‘‘under section 405 of the ADVANCE Act of 

18 2023’’ shall be substituted for ‘‘under this sub19 section’’. 

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

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

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

23 (as defined in section 101 of the Comprehensive Environ24 mental Response, Compensation, and Liability Act of 

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1 NPL site unless the action is commenced within the time2 frame provided for such actions with respect to facilities 

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

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

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

6 (g) COORDINATION.—The Administrator shall coordi7 nate with the Indian Tribe on whose land the applicable 

8 site is located in— 

9 (1) selecting and prioritizing sites for response 

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

11 (c); and 

12 (2) carrying out those response actions. 

13 SEC. 406. DEVELOPMENT, QUALIFICATION, AND LICENSING 

14 OF ADVANCED NUCLEAR FUEL CONCEPTS. 

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

16 an initiative to enhance preparedness and coordination 

17 with respect to the qualification and licensing of advanced 

18 nuclear fuel. 

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

20 days after the date of enactment of this Act, the Commis21 sion and the Secretary of Energy shall enter into a memo22 randum of understanding— 

23 (1) to share technical expertise and knowledge 

24 through— 


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1 (A) enabling the testing and demonstration 

2 of accident tolerant fuels for existing commer3 cial nuclear reactors and advanced nuclear reac4 tor fuel concepts to be proposed and funded, in 

5 whole or in part, by the private sector; 

6 (B) operating a database to store and 

7 share data and knowledge relevant to nuclear 

8 science and engineering between Federal agen9 cies and the private sector; 

10 (C) leveraging expertise with respect to 

11 safety analysis and research relating to ad12 vanced nuclear fuel; and 

13 (D) enabling technical staff to actively ob14 serve and learn about technologies, with an em15 phasis on identification of additional informa16 tion needed with respect to advanced nuclear 

17 fuel; and 

18 (2) to ensure that— 

19 (A) the Department of Energy has suffi20 cient technical expertise to support the timely 

21 research, development, demonstration, and com22 mercial application of advanced nuclear fuel; 

23 (B) the Commission has sufficient tech24 nical expertise to support the evaluation of ap25 plications for licenses, permits, and design cerVerDate Sep 11 2014 06:07 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111

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1 tifications and other requests for regulatory ap2 proval for advanced nuclear fuel; 

3 (C)(i) the Department of Energy main4 tains and develops the facilities necessary to en5 able the timely research, development, dem6 onstration, and commercial application by the 

7 civilian nuclear industry of advanced nuclear 

8 fuel; and 

9 (ii) the Commission has access to the fa10 cilities described in clause (i), as needed; and 

11 (D) the Commission consults, as appro12 priate, with the modeling and simulation ex13 perts at the Office of Nuclear Energy of the 

14 Department of Energy, at the National Labora15 tories, and within industry fuel vendor teams in 

16 cooperative agreements with the Department of 

17 Energy to leverage physics-based computer 

18 modeling and simulation capabilities. 

19 (c) REPORT.— 

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

21 the date of enactment of this Act, the Commission 

22 shall submit to the appropriate committees of Con23 gress a report describing the efforts of the Commis24 sion under subsection (a), including— 


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1 (A) an assessment of the preparedness of 

2 the Commission to review and qualify for use— 

3 (i) accident tolerant fuel; 

4 (ii) ceramic cladding materials; 

5 (iii) fuels containing silicon carbide; 

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

7 fuels; 

8 (v) molten-salt based liquid fuels; 

9 (vi) fuels derived from spent nuclear 

10 fuel or depleted uranium; and 

11 (vii) other related fuel concepts, as de12 termined by the Commission; 

13 (B) activities planned or undertaken under 

14 the memorandum of understanding described in 

15 subsection (b); 

16 (C) an accounting of the areas of research 

17 needed with respect to advanced nuclear fuel; 

18 and 

19 (D) any other challenges or considerations 

20 identified by the Commission. 

21 (2) CONSULTATION.—In developing the report 

22 under paragraph (1), the Commission shall seek 

23 input from— 

24 (A) the Secretary of Energy; 

25 (B) National Laboratories; 


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1 (C) the nuclear energy industry; 

2 (D) technology developers; 

3 (E) nongovernmental organizations; and 

4 (F) other public stakeholders. 

5 TITLE V—IMPROVING 

6 COMMISSION EFFICIENCY 

7 SEC. 501. COMMISSION WORKFORCE. 

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

9 term ‘‘Chairman’’ means the Chairman of the Commis10 sion. 

11 (b) APPOINTMENT AUTHORITY.— 

12 (1) IN GENERAL.—Notwithstanding section 161 

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

14 2201(d)), any provision of Reorganization Plan No. 

15 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.) governing 

16 appointments, and any provision of title 5, United 

17 States Code, governing appointments and General 

18 Schedule classification and pay rates, the Chairman 

19 may appoint persons to the positions described in 

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

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

22 laws. 

23 (2) POSITIONS DESCRIBED.—The positions re24 ferred to in paragraph (1) are— 


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1 (A) positions with highly specialized sci2 entific, engineering, and technical competencies 

3 to address a critical need for the Commission, 

4 including— 

5 (i) health physicist; 

6 (ii) reactor operations engineer; 

7 (iii) human factors analyst or engi8 neer; 

9 (iv) risk and reliability analyst or en10 gineer; 

11 (v) licensing project manager; 

12 (vi) reactor engineer for severe acci13 dents; 

14 (vii) geotechnical engineer; 

15 (viii) structural engineer; 

16 (ix) reactor systems engineer; 

17 (x) reactor engineer; 

18 (xi) radiation scientist; and 

19 (xii) electronics engineer; or 

20 (B) positions to be filled by exceptionally 

21 well-qualified individuals that the Commission 

22 determines are necessary to fulfill the mission 

23 of the Commission. 

24 (3) LIMITATION.—The Chairman may appoint 

25 persons to not more than— 


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1 (A) 90 positions described in paragraph 

2 (2)(A); and 

3 (B) 90 positions described in paragraph 

4 (2)(B). 

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

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

7 time hiring bonus in an amount not to exceed the 

8 least of— 

9 (A) $25,000; 

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

11 annual rate of basic pay of the employee; and 

12 (C) the amount of the limitation that is 

13 applicable for a calendar year under section 

14 5307(a)(1) of title 5, United States Code. 

15 (5) APPLICATION OF MERIT SYSTEM PRIN16 CIPLES.—To the maximum extent practicable, the 

17 Chairman shall appoint persons under paragraph (1) 

18 to the positions described in paragraph (2) in ac19 cordance with the merit system principles set forth 

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

21 (c) COMPENSATION AUTHORITY.— 

22 (1) IN GENERAL.—Notwithstanding section 161 

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

24 2201(d)) and chapter 51, and subchapter III of 

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


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1 Chairman may fix the rate of basic pay for the posi2 tions of individuals described in paragraph (2), sub3 ject to the limitation described in paragraph (3), in 

4 accordance with this subsection. 

5 (2) INDIVIDUALS DESCRIBED.—The individuals 

6 referred to in paragraph (1) are— 

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

9 to address a critical need for the Commission, 

10 including individuals with expertise in— 

11 (i) health physics; 

12 (ii) reactor operations engineering; 

13 (iii) human factors analysis or engi14 neering; 

15 (iv) risk and reliability analysis or en16 gineering; 

17 (v) licensing project management; 

18 (vi) reactor engineering for severe ac19 cidents; 

20 (vii) geotechnical engineering; 

21 (viii) structural engineering; 

22 (ix) reactor systems engineering; 

23 (x) reactor engineering; 

24 (xi) radiation science; and 

25 (xii) electronics engineering; or 


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1 (B) exceptionally well-qualified individuals 

2 that the Commission determines are necessary 

3 to fulfill the mission of the Commission. 

4 (3) LIMITATION.— 

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

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

7 for an individual described in paragraph (2) 

8 may not exceed the per annum rate of salary 

9 payable for level III of the Executive Schedule 

10 under section 5314 of title 5, United States 

11 Code, without regard to the civil service laws. 

12 (B) CERTAIN POSITIONS.—The Chairman 

13 may set the annual rate of basic pay for an in14 dividual described in paragraph (2) for not 

15 more than— 

16 (i) 90 persons appointed to positions 

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

18 (ii) 90 persons appointed to positions 

19 described in paragraph (2)(B). 

20 (d) NO DELEGATION.—The Chairman may not dele21 gate the authority provided by subsection (b) or (c). 

22 (e) ANNUAL SOLICITATION FOR NUCLEAR REGU23 LATOR APPRENTICESHIP NETWORK APPLICATIONS.—The 

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

25 the Nuclear Regulator Apprenticeship Network. 


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1 (f) REPORT.—The Chairman shall include in the an2 nual budget justification of the Commission information 

3 that describes— 

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

5 persons appointed under the authority provided by 

6 subsection (b); 

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

8 persons paid at the rate determined under the au9 thority provided by subsection (c); 

10 (3) how the authority provided by subsections 

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

12 the previous fiscal year, to address the hiring and 

13 retention needs of the Commission with respect to 

14 the positions described in those subsections to which 

15 that authority is applicable; and 

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

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

18 reasons, including a justification, for not using that 

19 authority. 

20 SEC. 502. COMMISSION CORPORATE SUPPORT FUNDING. 

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

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

23 the appropriate committees of Congress and make publicly 

24 available a report that describes— 


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1 (1) the progress on the implementation of sec2 tion 102(a)(3) of the Nuclear Energy Innovation 

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

4 (2) whether the Commission is meeting and is 

5 expected to meet the total budget authority caps re6 quired for corporate support under that section. 

7 (b) LIMITATION ON CORPORATE SUPPORT COSTS.— 

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

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

10 striking subparagraphs (B) and (C) and inserting the fol11 lowing: 

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

13 each fiscal year thereafter.’’. 

14 (c) CORPORATE SUPPORT COSTS CLARIFICATION.— 

15 Paragraph (9) of section 3 of the Nuclear Energy Innova16 tion and Modernization Act (42 U.S.C. 2215 note; Public 

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

18 amended— 

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

20 following: 

21 ‘‘(A) IN GENERAL.—The term’’; and 

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

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

24 support costs’ does not include— 


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1 ‘‘(i) costs for rent and utilities relat2 ing to any and all space in the Three 

3 White Flint North building that is not oc4 cupied by the Commission; or 

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

6 other support for the Office of the Com7 mission.’’. 

8 SEC. 503. PERFORMANCE AND REPORTING UPDATE. 

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

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

11 (1) in paragraph (3)— 

12 (A) in the paragraph heading, by striking 

13 ‘‘180’’ and inserting ‘‘90’’; and 

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

15 and 

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

17 ‘‘(4) PERIODIC UPDATES TO METRICS AND

18 SCHEDULES.— 

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

20 frequently than once every 3 years, the Com21 mission shall review and assess, based on the li22 censing and regulatory activities of the Com23 mission, the performance metrics and milestone 

24 schedules established under paragraph (1). 


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

2 assessment under subparagraph (A), the Com3 mission shall revise and improve, as appro4 priate, the performance metrics and milestone 

5 schedules described in that subparagraph to 

6 provide the most efficient metrics and schedules 

7 reasonably achievable.’’. 

8 TITLE VI—MISCELLANEOUS 

9 SEC. 601. NUCLEAR CLOSURE COMMUNITIES. 

10 (a) DEFINITIONS.—In this section: 

11 (1) COMMUNITY ADVISORY BOARD.—The term 

12 ‘‘community advisory board’’ means a community 

13 committee or other advisory organization that aims 

14 to foster communication and information exchange 

15 between a licensee planning for and involved in de16 commissioning activities and members of the com17 munity that decommissioning activities may affect. 

18 (2) DECOMMISSION.—The term ‘‘decommis19 sion’’ has the meaning given the term in section 

20 50.2 of title 10, Code of Federal Regulations (or 

21 successor regulations). 

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

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

24 3 of the Public Works and Economic Development 

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


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

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

3 Code of Federal Regulations (or successor regula4 tions). 

5 (5) NUCLEAR CLOSURE COMMUNITY.—The 

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

7 local government, including a county, city, town, vil8 lage, school district, or special district, that has been 

9 impacted, or reasonably demonstrates to the satis10 faction of the Secretary that it will be impacted, by 

11 a nuclear power plant licensed by the Commission 

12 that— 

13 (A) is not co-located with an operating nu14 clear power plant; 

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

16 and 

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

18 Act— 

19 (i) has ceased operations; or 

20 (ii) has provided a written notification 

21 to the Commission that it will cease oper22 ations. 

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

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1 sistant Secretary of Commerce for Economic Devel2 opment. 

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

4 the date of enactment of this Act, the Secretary shall es5 tablish a grant program to provide grants to eligible re6 cipients— 

7 (1) to assist with economic development in nu8 clear closure communities; and 

9 (2) to fund community advisory boards in nu10 clear closure communities. 

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

12 the maximum extent practicable, the Secretary shall im13 plement the recommendations described in the report sub14 mitted to Congress under section 108 of the Nuclear En15 ergy Innovation and Modernization Act (Public Law 115– 

16 439; 132 Stat. 5577) entitled ‘‘Best Practices for Estab17 lishment and Operation of Local Community Advisory 

18 Boards Associated with Decommissioning Activities at 

19 Nuclear Power Plants’’. 

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

21 establish a formula to ensure, to the maximum extent 

22 practicable, geographic diversity among grant recipients 

23 under this section. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.— 


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

2 appropriated to the Secretary— 

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

4 $35,000,000 for each of fiscal years 2023 

5 through 2028; and 

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

7 $5,000,000 for each of fiscal years 2023 

8 through 2025. 

9 (2) AVAILABILITY.—Amounts made available 

10 under this section shall remain available for a period 

11 of 5 years beginning on the date on which the 

12 amounts are made available. 

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

14 available under this section may be used to offset 

15 the funding for any other Federal program. 

16 SEC. 602. TECHNICAL CORRECTION. 

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

18 U.S.C. 2134(c)) is amended— 

19 (1) by striking the third sentence and inserting 

20 the following: 

21 ‘‘(3) LIMITATION ON UTILIZATION FACILI22 TIES.—The Commission may issue a license under 

23 this section for a utilization facility useful in the 

24 conduct of research and development activities of the 

25 types specified in section 31 if— 


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73 

•S 1111 IS

1 ‘‘(A) not more than 75 percent of the an2 nual costs to the licensee of owning and oper3 ating the facility are devoted to the sale, other 

4 than for research and development or education 

5 and training, of— 

6 ‘‘(i) nonenergy services; 

7 ‘‘(ii) energy; or 

8 ‘‘(iii) a combination of nonenergy 

9 services and energy; and 

10 ‘‘(B) not more than 50 percent of the an11 nual costs to the licensee of owning and oper12 ating the facility are devoted to the sale of en13 ergy.’’; 

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

15 Commission’’ and inserting the following: 

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

17 (3) by striking ‘‘c. The Commission’’ and in18 serting the following: 

19 ‘‘c. RESEARCH AND DEVELOPMENT ACTIVITIES.— 

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

21 and (3), the Commission’’. 

Æ 


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