ADVANCE Act of 2023

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1111 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Accelerating 
Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 
2023'' or the ``ADVANCE Act of 2023''.
    (b) Table of Contents.--The table of contents for 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.
Sec. 503. Performance and reporting update.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Nuclear closure communities.
Sec. 602. Technical correction.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Accident tolerant fuel.--The term ``accident tolerant 
        fuel'' has the meaning given the term in section 107(a) of the 
        Nuclear Energy Innovation and Modernization Act (Public Law 
        115-439; 132 Stat. 5577).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Advanced nuclear fuel.--The term ``advanced nuclear 
        fuel'' means--
                    (A) advanced nuclear reactor fuel; and
                    (B) accident tolerant fuel.
            (4) Advanced nuclear reactor.--The term ``advanced nuclear 
        reactor'' has the meaning given the term in section 3 of the 
        Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 
        note; Public Law 115-439).
            (5) Advanced nuclear reactor fuel.--The term ``advanced 
        nuclear reactor fuel'' has the meaning given the term in 
        section 3 of the Nuclear Energy Innovation and Modernization 
        Act (42 U.S.C. 2215 note; Public Law 115-439).
            (6) Appropriate committees of Congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Environment and Public Works 
                of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
            (7) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (8) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (9) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).

                  TITLE I--AMERICAN NUCLEAR LEADERSHIP

SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT AND INNOVATION 
              ACTIVITIES.

    (a) Coordination.--
            (1) In general.--The Commission shall--
                    (A) coordinate all work of the Commission relating 
                to--
                            (i) nuclear reactor import and export 
                        licensing; and
                            (ii) international regulatory cooperation 
                        and assistance relating to nuclear reactors, 
                        including with countries that are members of 
                        the Organisation for Economic Co-operation and 
                        Development; and
                    (B) support interagency and international 
                coordination with respect to--
                            (i) the consideration of international 
                        technical standards to establish the licensing 
                        and regulatory basis to assist the design, 
                        construction, and operation of nuclear systems;
                            (ii) efforts to help build competent 
                        nuclear regulatory organizations and legal 
                        frameworks in countries seeking to develop 
                        nuclear power; and
                            (iii) exchange programs and training 
                        provided to other countries relating to nuclear 
                        regulation and oversight to improve nuclear 
                        technology licensing, in accordance with 
                        paragraph (2).
            (2) Exchange programs and training.--With respect to the 
        exchange programs and training described in paragraph 
        (1)(B)(iii), the Commission shall coordinate, as applicable, 
        with--
                    (A) the Secretary of Energy;
                    (B) National Laboratories;
                    (C) the private sector; and
                    (D) institutions of higher education.
    (b) Authority To Establish Branch.--The Commission may establish 
within the Office of International Programs a branch, to be known as 
the ``International Nuclear Reactor Export and Innovation Branch'', to 
carry out such international nuclear reactor export and innovation 
activities as the Commission determines to be appropriate and within 
the mission of the Commission.
    (c) Exclusion of International Activities From the Fee Base.--
            (1) In general.--Section 102 of the Nuclear Energy 
        Innovation and Modernization Act (42 U.S.C. 2215) is amended--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(4) International nuclear reactor export and innovation 
        activities.--The Commission shall identify in the annual budget 
        justification international nuclear reactor export and 
        innovation activities described in section 101(a) of the 
        ADVANCE Act of 2023.''; and
                    (B) in subsection (b)(1)(B), by adding at the end 
                the following:
                            ``(iv) Costs for international nuclear 
                        reactor export and innovation activities 
                        described in section 101(a) of the ADVANCE Act 
                        of 2023.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on October 1, 2024.
    (d) Savings Clause.--Nothing in this section alters the authority 
of the Commission to license and regulate the civilian use of 
radioactive materials.

SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR NATIONAL SECURITY 
              PURPOSES.

    (a) Definition of Covered Fuel.--In this section, the term 
``covered fuel'' means enriched uranium that is fabricated into fuel 
assemblies for nuclear reactors by an entity that--
            (1) is owned or controlled by the Government of the Russian 
        Federation or the Government of the People's Republic of China; 
        or
            (2) is organized under the laws of, or otherwise subject to 
        the jurisdiction of, the Russian Federation or the People's 
        Republic of China.
    (b) Prohibition on Unlicensed Possession or Ownership of Covered 
Fuel.--Unless specifically authorized by the Commission in a license 
issued under section 53 of the Atomic Energy Act of 1954 (42 U.S.C. 
2073) and part 70 of title 10, Code of Federal Regulations (or 
successor regulations), no person subject to the jurisdiction of the 
Commission may possess or own covered fuel.
    (c) License To Possess or Own Covered Fuel.--
            (1) Consultation required prior to issuance.--The 
        Commission shall not issue a license to possess or own covered 
        fuel under section 53 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2073) and part 70 of title 10, Code of Federal 
        Regulations (or successor regulations), unless the Commission 
        has first consulted with the Secretary of Energy and the 
        Secretary of State before issuing the license.
            (2) Prohibition on issuance of license.--
                    (A) In general.--Subject to subparagraph (C), a 
                license to possess or own covered fuel shall not be 
                issued if the Secretary of Energy and the Secretary of 
                State make the determination described in subparagraph 
                (B).
                    (B) Determination.--
                            (i) In general.--The determination referred 
                        to in subparagraph (A) is a determination that 
                        possession or ownership, as applicable, of 
                        covered fuel poses a threat to the national 
                        security of the United States that adversely 
                        impacts the physical and economic security of 
                        the United States.
                            (ii) Joint determination.--A determination 
                        described in clause (i) shall be jointly made 
                        by the Secretary of Energy and the Secretary of 
                        State.
                            (iii) Timeline.--
                                    (I) Notice of application.--Not 
                                later than 30 days after the date on 
                                which the Commission receives an 
                                application for a license to possess or 
                                own covered fuel, the Commission shall 
                                notify the Secretary of Energy and the 
                                Secretary of State of the application.
                                    (II) Determination.--The Secretary 
                                of Energy and the Secretary of State 
                                shall have a period of 180 days, 
                                beginning on the date on which the 
                                Commission notifies the Secretary of 
                                Energy and the Secretary of State under 
                                subclause (I) of an application for a 
                                license to possess or own covered fuel, 
                                in which to make the determination 
                                described in clause (i).
                                    (III) Commission notification.--On 
                                making the determination described in 
                                clause (i), the Secretary of Energy and 
                                the Secretary of State shall 
                                immediately notify the Commission.
                                    (IV) Congressional notification.--
                                Not later than 30 days after the date 
                                on which the Secretary of Energy and 
                                the Secretary of State notify the 
                                Commission under subclause (III), the 
                                Commission shall notify the appropriate 
                                committees of Congress of the 
                                determination.
                                    (V) Public notice.--Not later than 
                                15 days after the date on which the 
                                Commission notifies Congress under 
                                subclause (IV) of a determination made 
                                under clause (i), the Commission shall 
                                make that determination publicly 
                                available.
                    (C) Effect of no determination.--The prohibition 
                described in subparagraph (A) shall not apply if the 
                Secretary of Energy and the Secretary of State do not 
                make the determination described in subparagraph (B) by 
                the date described in clause (iii)(II) of that 
                subparagraph.
    (d) Savings Clause.--Nothing in this section alters any treaty or 
international agreement in effect on the date of enactment of this Act.

SEC. 103. EXPORT LICENSE REQUIREMENTS.

    (a) Definition of Low-Enriched Uranium.--In this section, the term 
``low-enriched uranium'' means uranium enriched to less than 20 percent 
of the uranium-235 isotope.
    (b) Requirement.--The Commission shall not issue an export license 
for the transfer of any item described in subsection (d) to a country 
described in subsection (c) unless the Commission makes a determination 
that such transfer will not be inimical to the common defense and 
security of the United States.
    (c) Countries Described.--A country referred to in subsection (b) 
is a country that--
            (1) has not concluded and ratified an Additional Protocol 
        to its safeguards agreement with the International Atomic 
        Energy Agency; or
            (2) has not ratified or acceded to the amendment to the 
        Convention on the Physical Protection of Nuclear Material, 
        adopted at Vienna October 26, 1979, and opened for signature at 
        New York March 3, 1980 (TIAS 11080), described in the 
        information circular of the International Atomic Energy Agency 
        numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 (TIAS 
        16-508).
    (d) Items Described.--An item referred to in subsection (b) 
includes--
            (1) unirradiated nuclear fuel containing special nuclear 
        material (as defined in section 11 of the Atomic Energy Act of 
        1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
            (2) a nuclear reactor that uses nuclear fuel described in 
        paragraph (1); and
            (3) any plant or component listed in Appendix I to part 110 
        of title 10, Code of Federal Regulations (or successor 
        regulations), that is involved in--
                    (A) the reprocessing of irradiated nuclear reactor 
                fuel elements;
                    (B) the separation of plutonium; or
                    (C) the separation of the uranium-233 isotope.
    (e) Notification.--If the Commission makes a determination under 
subsection (b) that the transfer of any item described in subsection 
(d) to a country described in subsection (c) will not be inimical to 
the common defense and security of the United States, the Commission 
shall notify the appropriate committees of Congress.

SEC. 104. COORDINATED INTERNATIONAL ENGAGEMENT.

    (a) Definitions.--In this section:
            (1) Embarking civil nuclear energy nation.--
                    (A) In general.--The term ``embarking civil nuclear 
                energy nation'' means a country that--
                            (i)(I) does not have a civil nuclear 
                        program;
                            (II) is in the process of developing or 
                        expanding a civil nuclear program, including 
                        safeguards and a legal and regulatory 
                        framework; or
                            (III) is in the process of selecting, 
                        developing, constructing, or utilizing an 
                        advanced nuclear reactor or advanced civil 
                        nuclear technologies; and
                            (ii) is eligible to receive development 
                        lending from the World Bank.
                    (B) Exclusions.--The term ``embarking civil nuclear 
                energy nation'' does not include--
                            (i) the People's Republic of China;
                            (ii) the Russian Federation;
                            (iii) the Republic of Belarus;
                            (iv) the Islamic Republic of Iran;
                            (v) the Democratic People's Republic of 
                        Korea;
                            (vi) the Republic of Cuba;
                            (vii) the Bolivarian Republic of Venezuela;
                            (viii) the Syrian Arab Republic; or
                            (ix) any other country--
                                    (I) the property or interests in 
                                property of the government of which are 
                                blocked pursuant to the International 
                                Emergency Economic Powers Act (50 
                                U.S.C. 1701 et seq.); or
                                    (II) the government of which the 
                                Secretary of State has determined has 
                                repeatedly provided support for acts of 
                                international terrorism for purposes 
                                of--
                                            (aa) section 620A(a) of the 
                                        Foreign Assistance Act of 1961 
                                        (22 U.S.C. 2371(a));
                                            (bb) section 40(d) of the 
                                        Arms Export Control Act (22 
                                        U.S.C. 2780(d));
                                            (cc) section 
                                        1754(c)(1)(A)(i) of the Export 
                                        Control Reform Act of 2018 (50 
                                        U.S.C. 4813(c)(1)(A)(i)); or
                                            (dd) any other relevant 
                                        provision of law.
            (2) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Commerce and the Secretary of Energy, acting--
                    (A) in consultation with each other; and
                    (B) in coordination with--
                            (i) the Secretary of State;
                            (ii) the Commission;
                            (iii) the Secretary of the Treasury;
                            (iv) the President of the Export-Import 
                        Bank of the United States; and
                            (v) officials of other Federal agencies, as 
                        the Secretary of Commerce determines to be 
                        appropriate.
    (b) International Civil Nuclear Modernization Initiative.--
            (1) In general.--The Secretaries shall establish and carry 
        out, in accordance with applicable nuclear technology export 
        laws (including regulations), an international initiative to 
        modernize civil nuclear outreach to embarking civil nuclear 
        energy nations.
            (2) Activities.--In carrying out the initiative described 
        in paragraph (1)--
                    (A) the Secretary of Commerce shall--
                            (i) expand outreach by the executive branch 
                        to the private investment community to create 
                        public-private financing relationships to 
                        assist in the export of civil nuclear 
                        technology to embarking civil nuclear energy 
                        nations;
                            (ii) seek to coordinate, to the maximum 
                        extent practicable, the work carried out by 
                        each of--
                                    (I) the Commission;
                                    (II) the Department of Energy;
                                    (III) the Department of State;
                                    (IV) the Nuclear Energy Agency;
                                    (V) the International Atomic Energy 
                                Agency; and
                                    (VI) other agencies, as the 
                                Secretary of Commerce determines to be 
                                appropriate; and
                            (iii) improve the regulatory framework to 
                        allow for the efficient and expeditious 
                        exporting and importing of items under the 
                        jurisdiction of the Secretary of Commerce; and
                    (B) the Secretary of Energy shall--
                            (i) assist nongovernmental organizations 
                        and appropriate offices, administrations, 
                        agencies, laboratories, and programs of the 
                        Federal Government in providing education and 
                        training to foreign governments in nuclear 
                        safety, security, and safeguards--
                                    (I) through engagement with the 
                                International Atomic Energy Agency; or
                                    (II) independently, if the 
                                applicable nongovernmental 
                                organization, office, administration, 
                                agency, laboratory, or program 
                                determines that it would be more 
                                advantageous under the circumstances to 
                                provide the applicable education and 
                                training independently; and
                            (ii) assist the efforts of the 
                        International Atomic Energy Agency to expand 
                        the support provided by the International 
                        Atomic Energy Agency to embarking civil nuclear 
                        energy nations for nuclear safety, security, 
                        and safeguards.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Commerce, in consultation with the Secretary 
of Energy, shall submit to Congress a report describing the activities 
carried out under this section.

      TITLE II--DEVELOPING AND DEPLOYING NEW NUCLEAR TECHNOLOGIES

SEC. 201. FEES FOR ADVANCED NUCLEAR REACTOR APPLICATION REVIEW.

    (a) Definitions.--Section 3 of the Nuclear Energy Innovation and 
Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) is 
amended--
            (1) by redesignating paragraphs (2) through (15) as 
        paragraphs (3), (5), (6), (7), (8), (9), (11), (14), (15), 
        (16), (17), (18), (19), and (20), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Advanced nuclear reactor applicant.--The term 
        `advanced nuclear reactor applicant' means an entity that has 
        submitted to the Commission an application to receive a license 
        for an advanced nuclear reactor under the Atomic Energy Act of 
        1954 (42 U.S.C. 2011 et seq.).'';
            (3) by inserting after paragraph (3) (as so redesignated) 
        the following:
            ``(4) Agency support.--The term `agency support' means the 
        resources of the Commission that are located in executive, 
        administrative, and other support offices of the Commission, as 
        described in the document of the Commission entitled `FY 2022 
        Final Fee Rule Work Papers' (or a successor document).'';
            (4) by inserting after paragraph (9) (as so redesignated) 
        the following:
            ``(10) Hourly rate for mission-direct program salaries and 
        benefits for the nuclear reactor safety program.--The term 
        `hourly rate for mission-direct program salaries and benefits 
        for the Nuclear Reactor Safety Program' means the quotient 
        obtained by dividing--
                    ``(A) the full-time equivalent rate (within the 
                meaning of the document of the Commission entitled `FY 
                2022 Final Fee Rule Work Papers' (or a successor 
                document)) for mission-direct program salaries and 
                benefits for the Nuclear Reactor Safety Program (as 
                determined by the Commission) for a fiscal year; by
                    ``(B) the productive hours assumption for that 
                fiscal year, determined in accordance with the formula 
                established in the document referred to in subparagraph 
                (A) (or a successor document).''; and
            (5) by inserting after paragraph (11) (as so redesignated) 
        the following:
            ``(12) Mission-direct program salaries and benefits for the 
        nuclear reactor safety program.--The term `mission-direct 
        program salaries and benefits for the Nuclear Reactor Safety 
        Program' means the resources of the Commission that are 
        allocated to the Nuclear Reactor Safety Program (as determined 
        by the Commission) to perform core work activities committed to 
        fulfilling the mission of the Commission to protect public 
        health and safety, promote the common defense and security, and 
        protect the environment, as described in the document of the 
        Commission entitled `FY 2022 Final Fee Rule Work Papers' (or a 
        successor document).
            ``(13) Mission-indirect program support.--The term 
        `mission-indirect program support' means the resources of the 
        Commission that support the core mission-direct activities for 
        the Nuclear Reactor Safety Program of the Commission (as 
        determined by the Commission), as described in the document of 
        the Commission entitled `FY 2022 Final Fee Rule Work Papers' 
        (or a successor document).''.
    (b) Excluded Activities.--Section 102(b)(1)(B) of the Nuclear 
Energy Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as 
amended by section 101(c)(1)(B)) is amended by adding at the end the 
following:
                            ``(v) The total costs of mission-indirect 
                        program support and agency support that, under 
                        paragraph (2)(B), may not be included in the 
                        hourly rate charged for fees assessed to 
                        advanced nuclear reactor applicants.''.
    (c) Fees for Service or Thing of Value.--Section 102(b) of the 
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)) is 
amended by striking paragraph (2) and inserting the following:
            ``(2) Fees for service or thing of value.--
                    ``(A) In general.--In accordance with section 9701 
                of title 31, United States Code, the Commission shall 
                assess and collect fees from any person who receives a 
                service or thing of value from the Commission to cover 
                the costs to the Commission of providing the service or 
                thing of value.
                    ``(B) Advanced nuclear reactor applicants.--The 
                hourly rate charged for fees assessed to advanced 
                nuclear reactor applicants under this paragraph 
                relating to the review of a submitted application 
                described in section 3(1) shall not exceed the hourly 
                rate for mission-direct program salaries and benefits 
                for the Nuclear Reactor Safety Program.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2024.

SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES.

    Section 103 of the Nuclear Energy Innovation and Modernization Act 
(Public Law 115-439; 132 Stat. 5571) is amended by adding at the end 
the following:
    ``(f) Prizes for Advanced Nuclear Reactor Licensing.--
            ``(1) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means--
                    ``(A) a non-Federal entity; and
                    ``(B) the Tennessee Valley Authority.
            ``(2) Prize for advanced nuclear reactor licensing.--
                    ``(A) In general.--Notwithstanding section 169 of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2209) and 
                subject to the availability of appropriations, the 
                Secretary is authorized to make, with respect to each 
                award category described in subparagraph (C), an award 
                in an amount described in subparagraph (B) to the first 
                eligible entity--
                            ``(i) to which the Commission issues an 
                        operating license for an advanced nuclear 
                        reactor under part 50 of title 10, Code of 
                        Federal Regulations (or successor regulations), 
                        for which an application has not been approved 
                        by the Commission as of the date of enactment 
                        of this subsection; or
                            ``(ii) for which the Commission makes a 
                        finding described in section 52.103(g) of title 
                        10, Code of Federal Regulations (or successor 
                        regulations), with respect to a combined 
                        license for an advanced nuclear reactor--
                                    ``(I) that is issued under subpart 
                                C of part 52 of that title (or 
                                successor regulations); and
                                    ``(II) for which an application has 
                                not been approved by the Commission as 
                                of the date of enactment of this 
                                subsection.
                    ``(B) Amount of award.--An award under subparagraph 
                (A) shall be in an amount equal to the total amount 
                assessed by the Commission and collected under section 
                102(b)(2) from the eligible entity receiving the award 
                for costs relating to the issuance of the license 
                described in that subparagraph, including, as 
                applicable, costs relating to the issuance of an 
                associated construction permit described in section 
                50.23 of title 10, Code of Federal Regulations (or 
                successor regulations), or early site permit (as 
                defined in section 52.1 of that title (or successor 
                regulations)).
                    ``(C) Award categories.--An award under 
                subparagraph (A) may be made for--
                            ``(i) the first advanced nuclear reactor 
                        for which the Commission--
                                    ``(I) issues a license in 
                                accordance with clause (i) of 
                                subparagraph (A); or
                                    ``(II) makes a finding in 
                                accordance with clause (ii) of that 
                                subparagraph;
                            ``(ii) an advanced nuclear reactor that--
                                    ``(I) uses isotopes derived from 
                                spent nuclear fuel (as defined in 
                                section 2 of the Nuclear Waste Policy 
                                Act of 1982 (42 U.S.C. 10101)) or 
                                depleted uranium as fuel for the 
                                advanced nuclear reactor; and
                                    ``(II) is the first advanced 
                                nuclear reactor described in subclause 
                                (I) for which the Commission--
                                            ``(aa) issues a license in 
                                        accordance with clause (i) of 
                                        subparagraph (A); or
                                            ``(bb) makes a finding in 
                                        accordance with clause (ii) of 
                                        that subparagraph;
                            ``(iii) an advanced nuclear reactor that--
                                    ``(I) is a nuclear integrated 
                                energy system--
                                            ``(aa) that is composed of 
                                        2 or more co-located or jointly 
                                        operated subsystems of energy 
                                        generation, energy storage, or 
                                        other technologies;
                                            ``(bb) in which not fewer 
                                        than 1 subsystem described in 
                                        item (aa) is a nuclear energy 
                                        system; and
                                            ``(cc) the purpose of which 
                                        is--

                                                    ``(AA) to reduce 
                                                greenhouse gas 
                                                emissions in both the 
                                                power and nonpower 
                                                sectors; and

                                                    ``(BB) to maximize 
                                                energy production and 
                                                efficiency; and

                                    ``(II) is the first advanced 
                                nuclear reactor described in subclause 
                                (I) for which the Commission--
                                            ``(aa) issues a license in 
                                        accordance with clause (i) of 
                                        subparagraph (A); or
                                            ``(bb) makes a finding in 
                                        accordance with clause (ii) of 
                                        that subparagraph;
                            ``(iv) an advanced reactor that--
                                    ``(I) operates flexibly to generate 
                                electricity or high temperature process 
                                heat for nonelectric applications; and
                                    ``(II) is the first advanced 
                                nuclear reactor described in subclause 
                                (I) for which the Commission--
                                            ``(aa) issues a license in 
                                        accordance with clause (i) of 
                                        subparagraph (A); or
                                            ``(bb) makes a finding in 
                                        accordance with clause (ii) of 
                                        that subparagraph; and
                            ``(v) the first advanced nuclear reactor 
                        for which the Commission grants approval to 
                        load nuclear fuel pursuant to the technology-
                        inclusive regulatory framework established 
                        under subsection (a)(4).
            ``(3) Federal funding limitation.--An award under this 
        subsection shall not exceed the total amount expended 
        (excluding any expenditures made with Federal funds received 
        for the applicable project and an amount equal to the minimum 
        cost-share required under section 988 of the Energy Policy Act 
        of 2005 (42 U.S.C. 16352)) by the eligible entity receiving the 
        award for licensing costs relating to the project for which the 
        award is made.''.

SEC. 203. REPORT ON UNIQUE LICENSING CONSIDERATIONS RELATING TO THE USE 
              OF NUCLEAR ENERGY FOR NONELECTRIC APPLICATIONS.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Commission shall submit to the appropriate 
committees of Congress a report (referred to in this section as the 
``report'') addressing any unique licensing issues or requirements 
relating to--
            (1) the flexible operation of nuclear reactors, such as 
        ramping power output and switching between electricity 
        generation and nonelectric applications;
            (2) the use of advanced nuclear reactors exclusively for 
        nonelectric applications; and
            (3) the colocation of nuclear reactors with industrial 
        plants or other facilities.
    (b) Stakeholder Input.--In developing the report, the Commission 
shall seek input from--
            (1) the Secretary of Energy;
            (2) the nuclear energy industry;
            (3) technology developers;
            (4) the industrial, chemical, and medical sectors;
            (5) nongovernmental organizations; and
            (6) other public stakeholders.
    (c) Contents.--
            (1) In general.--The report shall describe--
                    (A) any unique licensing issues or requirements 
                relating to the matters described in paragraphs (1) 
                through (3) of subsection (a), including, with respect 
                to the nonelectric applications referred to in 
                paragraphs (1) and (2) of that subsection, any 
                licensing issues or requirements relating to the use of 
                nuclear energy in--
                            (i) hydrogen or other liquid and gaseous 
                        fuel or chemical production;
                            (ii) water desalination and wastewater 
                        treatment;
                            (iii) heat for industrial processes;
                            (iv) district heating;
                            (v) energy storage;
                            (vi) industrial or medical isotope 
                        production; and
                            (vii) other applications, as identified by 
                        the Commission;
                    (B) options for addressing those issues or 
                requirements--
                            (i) within the existing regulatory 
                        framework of the Commission;
                            (ii) as part of the technology-inclusive 
                        regulatory framework required under subsection 
                        (a)(4) of section 103 of the Nuclear Energy 
                        Innovation and Modernization Act (42 U.S.C. 
                        2133 note; Public Law 115-439) or described in 
                        the report required under subsection (e) of 
                        that section (Public Law 115-439; 132 Stat. 
                        5575); or
                            (iii) through a new rulemaking; and
                    (C) the extent to which Commission action is needed 
                to implement any matter described in the report.
            (2) Cost estimates, budgets, and timeframes.--The report 
        shall include cost estimates, proposed budgets, and proposed 
        timeframes for implementing risk-informed and performance-based 
        regulatory guidance in the licensing of nuclear reactors for 
        nonelectric applications.

SEC. 204. ENABLING PREPARATIONS FOR THE DEMONSTRATION OF ADVANCED 
              NUCLEAR REACTORS ON DEPARTMENT OF ENERGY SITES.

    (a) In General.--Section 102(b)(1)(B) of the Nuclear Energy 
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as amended 
by section 201(b)) is amended by adding at the end the following:
                            ``(vi) Costs for--
                                    ``(I) activities to review and 
                                approve or disapprove an application 
                                for an early site permit (as defined in 
                                section 52.1 of title 10, Code of 
                                Federal Regulations (or a successor 
                                regulation)) to demonstrate an advanced 
                                nuclear reactor on a Department of 
                                Energy site; and
                                    ``(II) pre-application activities 
                                relating to an early site permit (as so 
                                defined) to demonstrate an advanced 
                                nuclear reactor on a Department of 
                                Energy site.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2024.

SEC. 205. CLARIFICATION ON FUSION REGULATION.

    Section 103(a)(4) of the Nuclear Energy Innovation and 
Modernization Act (42 U.S.C. 2133 note; Public Law 115-439) is 
amended--
            (1) by striking ``Not later'' and inserting the following:
                    ``(A) In general.--Not later''; and
            (2) by adding at the end the following:
                    ``(B) Exclusion of fusion reactors.--For purposes 
                of subparagraph (A), the term `advanced reactor 
                applicant' does not include an applicant seeking a 
                license for a fusion reactor.''.

SEC. 206. REGULATORY ISSUES FOR NUCLEAR FACILITIES AT BROWNFIELD SITES.

    (a) Definitions.--
            (1) Brownfield site.--The term ``brownfield site'' has the 
        meaning given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            (2) Production facility.--The term ``production facility'' 
        has the meaning given the term in section 11 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014).
            (3) Retired fossil fuel site.--The term ``retired fossil 
        fuel site'' means the site of 1 or more fossil fuel electric 
        generation facilities that are retired or scheduled to retire, 
        including multi-unit facilities that are partially shut down.
            (4) Utilization facility.--The term ``utilization 
        facility'' has the meaning given the term in section 11 of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2014).
    (b) Identification of Regulatory Issues.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall evaluate the extent 
        to which modification of regulations, guidance, or policy is 
        needed to enable timely licensing reviews for, and to support 
        the oversight of, production facilities or utilization 
        facilities at brownfield sites.
            (2) Requirement.--In carrying out paragraph (1), the 
        Commission shall consider how licensing reviews for production 
        facilities or utilization facilities at brownfield sites may be 
        expedited by considering matters relating to siting and 
        operating a production facility or a utilization facility at or 
        near a retired fossil fuel site to support the reuse of 
        existing site infrastructure, including--
                    (A) electric switchyard components and transmission 
                infrastructure;
                    (B) heat-sink components;
                    (C) steam cycle components;
                    (D) roads;
                    (E) railroad access; and
                    (F) water availability.
            (3) Report.--Not later than 14 months after the date of 
        enactment of this Act, the Commission shall submit to the 
        appropriate committees of Congress a report describing any 
        regulations, guidance, and policies identified under paragraph 
        (1).
    (c) Licensing.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Commission shall--
                    (A) develop and implement strategies to enable 
                timely licensing reviews for, and to support the 
                oversight of, production facilities or utilization 
                facilities at brownfield sites, including retired 
                fossil fuel sites; or
                    (B) initiate a rulemaking to enable timely 
                licensing reviews for, and to support the oversight of, 
                of production facilities or utilization facilities at 
                brownfield sites, including retired fossil fuel sites.
            (2) Requirements.--In carrying out paragraph (1), 
        consistent with the role of the Commission in protecting public 
        health and safety and the common defense and security, the 
        Commission shall consider matters relating to--
                    (A) the use of existing site infrastructure;
                    (B) existing emergency preparedness organizations 
                and planning;
                    (C) the availability of historical site-specific 
                environmental data;
                    (D) previously approved environmental reviews 
                required by the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.);
                    (E) activities associated with the potential 
                decommissioning of facilities or decontamination and 
                remediation at brownfield sites; and
                    (F) community engagement and historical experience 
                with energy production.
    (d) Report.--Not later than 3 years after the date of enactment of 
this Act, the Commission shall submit to the appropriate committees of 
Congress a report describing the actions taken by the Commission under 
subsection (c).

SEC. 207. APPALACHIAN REGIONAL COMMISSION NUCLEAR ENERGY DEVELOPMENT.

    (a) In General.--Subchapter I of chapter 145 of subtitle IV of 
title 40, United States Code, is amended by adding at the end the 
following:
``Sec. 14512. Appalachian Regional Commission nuclear energy 
              development
    ``(a) Definitions.--In this section:
            ``(1) Brownfield site.--The term `brownfield site' has the 
        meaning given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            ``(2) Production facility.--The term `production facility' 
        has the meaning given the term in section 11 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014).
            ``(3) Retired fossil fuel site.--The term `retired fossil 
        fuel site' means the site of 1 or more fossil fuel electric 
        generation facilities that are retired or scheduled to retire, 
        including multi-unit facilities that are partially shut down.
            ``(4) Utilization facility.--The term `utilization 
        facility' has the meaning given the term in section 11 of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2014).
    ``(b) Authority.--The Appalachian Regional Commission may provide 
technical assistance to, make grants to, enter into contracts with, or 
otherwise provide amounts to individuals or entities in the Appalachian 
region for projects and activities--
            ``(1) to conduct research and analysis regarding the 
        economic impact of siting, constructing, and operating a 
        production facility or a utilization facility at a brownfield 
        site, including a retired fossil fuel site;
            ``(2) to assist with workforce training or retraining to 
        perform activities relating to the siting and operation of a 
        production facility or a utilization facility at a brownfield 
        site, including a retired fossil fuel site; and
            ``(3) to engage with the Nuclear Regulatory Commission, the 
        Department of Energy, and other Federal agencies with expertise 
        in civil nuclear energy.
    ``(c) Limitation on Available Amounts.--Of the cost of any project 
or activity eligible for a grant under this section--
            ``(1) except as provided in paragraphs (2) and (3), not 
        more than 50 percent may be provided from amounts made 
        available to carry out this section;
            ``(2) in the case of a project or activity to be carried 
        out in a county for which a distressed county designation is in 
        effect under section 14526, not more than 80 percent may be 
        provided from amounts made available to carry out this section; 
        and
            ``(3) in the case of a project or activity to be carried 
        out in a county for which an at-risk county designation is in 
        effect under section 14526, not more than 70 percent may be 
        provided from amounts made available to carry out this section.
    ``(d) Sources of Assistance.--Subject to subsection (c), a grant 
provided under this section may be provided from amounts made available 
to carry out this section, in combination with amounts made available--
            ``(1) under any other Federal program; or
            ``(2) from any other source.
    ``(e) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any other Federal program, amounts made 
available to carry out this section may be used to increase that 
Federal share, as the Appalachian Regional Commission determines to be 
appropriate.''.
    (b) Authorization of Appropriations.--Section 14703 of title 40, 
United States Code, is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Appalachian Regional Commission Nuclear Energy Development.--
Of the amounts made available under subsection (a), $5,000,000 may be 
used to carry out section 14512 for each of fiscal years 2023 through 
2026.''.
    (c) Clerical Amendment.--The analysis for subchapter I of chapter 
145 of subtitle IV of title 40, United States Code, is amended by 
striking the item relating to section 14511 and inserting the 
following:

``14511. Appalachian regional energy hub initiative.
``14512. Appalachian Regional Commission nuclear energy development.''.

        TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION

SEC. 301. INVESTMENT BY ALLIES.

    (a) In General.--The prohibitions against issuing certain licenses 
for utilization facilities to certain corporations and other entities 
described in the second sentence of section 103 d. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2133(d)) and the second sentence of section 104 
d. of that Act (42 U.S.C. 2134(d)) shall not apply to an entity 
described in subsection (b) if the Commission determines that issuance 
of the applicable license to that entity is not inimical to--
            (1) the common defense and security; or
            (2) the health and safety of the public.
    (b) Entities Described.--An entity referred to in subsection (a) is 
a corporation or other entity that is owned, controlled, or dominated 
by--
            (1) the government of--
                    (A) a country that is a member of the Group of 
                Seven as of November 25, 2020, which includes the 
                United Kingdom, Germany, Canada, Japan, France, and 
                Italy; or
                    (B) the Republic of Korea;
            (2) a corporation that is incorporated in a country 
        described in subparagraph (A) or (B) of paragraph (1); or
            (3) an alien who is a national of a country described in 
        subparagraph (A) or (B) of paragraph (1).
    (c) Technical Amendment.--Section 103 d. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence, by 
striking ``any any'' and inserting ``any''.
    (d) Savings Clause.--Nothing in this section affects the 
requirements of section 721 of the Defense Production Act of 1950 (50 
U.S.C. 4565).

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

    (a) Extension.--Section 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) (commonly known as the ``Price-Anderson Act'') is amended 
by striking ``December 31, 2025'' each place it appears and inserting 
``December 31, 2045''.
    (b) Report.--Section 170 p. of the Atomic Energy Act of 1954 (42 
U.S.C. 2210(p)) is amended by striking ``December 31, 2021'' and 
inserting ``December 31, 2041''.

    TITLE IV--NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND 
                               WORKFORCE

SEC. 401. REPORT ON ADVANCED METHODS OF MANUFACTURING AND CONSTRUCTION 
              FOR NUCLEAR ENERGY APPLICATIONS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall submit to the appropriate 
committees of Congress a report (referred to in this section as the 
``report'') on manufacturing and construction for nuclear energy 
applications.
    (b) Stakeholder Input.--In developing the report, the Commission 
shall seek input from--
            (1) the Secretary of Energy;
            (2) the nuclear energy industry;
            (3) National Laboratories;
            (4) institutions of higher education;
            (5) nuclear and manufacturing technology developers;
            (6) the manufacturing and construction industries, 
        including manufacturing and construction companies with 
        operating facilities in the United States;
            (7) standards development organizations;
            (8) labor unions;
            (9) nongovernmental organizations; and
            (10) other public stakeholders.
    (c) Contents.--
            (1) In general.--The report shall--
                    (A) examine any unique licensing issues or 
                requirements relating to the use of innovative--
                            (i) advanced manufacturing processes;
                            (ii) advanced construction techniques; and
                            (iii) rapid improvement or iterative 
                        innovation processes;
                    (B) examine--
                            (i) the requirements for nuclear-grade 
                        components in manufacturing and construction 
                        for nuclear energy applications;
                            (ii) opportunities to use standard 
                        materials, parts, or components in 
                        manufacturing and construction for nuclear 
                        energy applications;
                            (iii) opportunities to use standard 
                        materials that are in compliance with existing 
                        codes to provide acceptable approaches to 
                        support or encapsulate new materials that do 
                        not yet have applicable codes; and
                            (iv) requirements relating to the transport 
                        of a fueled advanced nuclear reactor core from 
                        a manufacturing licensee to a licensee that 
                        holds a license to construct and operate a 
                        facility at a particular site;
                    (C) identify any safety aspects of innovative 
                advanced manufacturing processes and advanced 
                construction techniques that are not addressed by 
                existing codes and standards, so that generic guidance 
                may be updated or created, as necessary;
                    (D) identify options for addressing the issues, 
                requirements, and opportunities examined under 
                subparagraphs (A) and (B)--
                            (i) within the existing regulatory 
                        framework; or
                            (ii) through a new rulemaking;
                    (E) identify how addressing the issues, 
                requirements, and opportunities examined under 
                subparagraphs (A) and (B) will impact opportunities for 
                domestic nuclear manufacturing and construction 
                developers; and
                    (F) describe the extent to which Commission action 
                is needed to implement any matter described in the 
                report.
            (2) Cost estimates, budgets, and timeframes.--The report 
        shall include cost estimates, proposed budgets, and proposed 
        timeframes for implementing risk-informed and performance-based 
        regulatory guidance for manufacturing and construction for 
        nuclear energy applications.

SEC. 402. NUCLEAR ENERGY TRAINEESHIP.

    Section 313 of division C of the Omnibus Appropriations Act, 2009 
(42 U.S.C. 16274a), is amended--
            (1) in subsection (a), by striking ``Nuclear Regulatory'';
            (2) in subsection (b)(1), in the matter preceding 
        subparagraph (A), by inserting ``and subsection (c)'' after 
        ``paragraph (2)'';
            (3) in subsection (c)--
                    (A) by redesignating paragraph (2) as paragraph 
                (5); and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
        reactor' has the meaning given the term in section 951(b) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
            ``(2) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
        15801).
            ``(4) National laboratory.--The term `National Laboratory' 
        has the meaning given the term in section 951(b) of the Energy 
        Policy Act of 2005 (42 U.S.C. 16271(b)).'';
            (4) in subsection (d)(2), by striking ``Nuclear 
        Regulatory'';
            (5) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (6) by inserting after subsection (b) the following:
    ``(c) Nuclear Energy Traineeship Subprogram.--
            ``(1) In general.--The Commission shall establish, as a 
        subprogram of the Program, a nuclear energy traineeship 
        subprogram under which the Commission, in coordination with 
        institutions of higher education and trade schools, shall 
        competitively award traineeships that provide focused training 
        to meet critical mission needs of the Commission and nuclear 
        workforce needs, including needs relating to--
                    ``(A) nuclear criticality safety; and
                    ``(B) the nuclear tradecraft workforce.
            ``(2) Requirements.--In carrying out the nuclear energy 
        traineeship subprogram described in paragraph (1), the 
        Commission shall--
                    ``(A) coordinate with the Secretary of Energy to 
                prioritize the funding of traineeships that focus on--
                            ``(i) nuclear workforce needs; and
                            ``(ii) critical mission needs of the 
                        Commission;
                    ``(B) encourage appropriate partnerships among--
                            ``(i) National Laboratories;
                            ``(ii) institutions of higher education;
                            ``(iii) trade schools;
                            ``(iv) the nuclear energy industry; and
                            ``(v) other entities, as the Commission 
                        determines to be appropriate; and
                    ``(C) on an annual basis, evaluate nuclear 
                workforce needs for the purpose of implementing 
                traineeships in focused topical areas that--
                            ``(i) address the workforce needs of the 
                        nuclear energy community; and
                            ``(ii) support critical mission needs of 
                        the Commission.''.

SEC. 403. REPORT ON COMMISSION READINESS AND CAPACITY TO LICENSE 
              ADDITIONAL CONVERSION AND ENRICHMENT CAPACITY TO REDUCE 
              RELIANCE ON URANIUM FROM RUSSIA.

    Not later than 180 days after the date of enactment of this Act, 
the Commission shall submit to the appropriate committees of Congress a 
report on the readiness and capacity of the Commission to license 
additional conversion and enrichment capacity at existing and new fuel 
cycle facilities to reduce reliance on nuclear fuel that is recovered, 
converted, enriched, or fabricated by an entity that--
            (1) is owned or controlled by the Government of the Russian 
        Federation; or
            (2) is organized under the laws of, or otherwise subject to 
        the jurisdiction of, the Russian Federation.

SEC. 404. ANNUAL REPORT ON THE SPENT NUCLEAR FUEL AND HIGH-LEVEL 
              RADIOACTIVE WASTE INVENTORY IN THE UNITED STATES.

    (a) Definitions.--In this section:
            (1) High-level radioactive waste.--The term ``high-level 
        radioactive waste'' has the meaning given the term in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (2) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).
            (3) Standard contract.--The term ``standard contract'' has 
        the meaning given the term ``contract'' in section 961.3 of 
        title 10, Code of Federal Regulations (or a successor 
        regulation).
    (b) Report.--Not later than January 1, 2025, and annually 
thereafter, the Secretary of Energy shall submit to Congress a report 
that describes--
            (1) the annual and cumulative amount of payments made by 
        the United States to the holder of a standard contract due to a 
        partial breach of contract under the Nuclear Waste Policy Act 
        of 1982 (42 U.S.C. 10101 et seq.) resulting in financial 
        damages to the holder;
            (2) the cumulative amount spent by the Department of Energy 
        since fiscal year 2008 to reduce future payments projected to 
        be made by the United States to any holder of a standard 
        contract due to a partial breach of contract under the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
            (3) the cumulative amount spent by the Department of Energy 
        to store, manage, and dispose of spent nuclear fuel and high-
        level radioactive waste in the United States as of the date of 
        the report;
            (4) the projected lifecycle costs to store, manage, 
        transport, and dispose of the projected inventory of spent 
        nuclear fuel and high-level radioactive waste in the United 
        States, including spent nuclear fuel and high-level radioactive 
        waste expected to be generated from existing reactors through 
        2050;
            (5) any mechanisms for better accounting of liabilities for 
        the lifecycle costs of the spent nuclear fuel and high-level 
        radioactive waste inventory in the United States; and
            (6) any recommendations for improving the methods used by 
        the Department of Energy for the accounting of spent nuclear 
        fuel and high-level radioactive waste costs and liabilities.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS FOR SUPERFUND ACTIONS AT 
              ABANDONED MINING SITES ON TRIBAL LAND.

    (a) Definitions.--In this section:
            (1) Eligible non-npl site.--The term ``eligible non-NPL 
        site'' means a site--
                    (A) that is not on the National Priorities List; 
                but
                    (B) with respect to which the Administrator 
                determines that--
                            (i) the site would be eligible for listing 
                        on the National Priorities List based on the 
                        presence of hazards from contamination at the 
                        site, applying the hazard ranking system 
                        described in section 105(c) of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9605(c)); and
                            (ii) for removal site evaluations, 
                        engineering evaluations/cost analyses, remedial 
                        planning activities, remedial investigations 
                        and feasibility studies, and other actions 
                        taken pursuant to section 104(b) of that Act 
                        (42 U.S.C. 9604), the site--
                                    (I) has undergone a pre-CERCLA 
                                screening; and
                                    (II) is included in the Superfund 
                                Enterprise Management System.
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (3) National priorities list.--The term ``National 
        Priorities List'' means the National Priorities List developed 
        by the President in accordance with section 105(a)(8)(B) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).
            (4) Remedial action; removal; response.--The terms 
        ``remedial action'', ``removal'', and ``response'' have the 
        meanings given those terms in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            (5) Tribal land.--The term ``Tribal land'' has the meaning 
        given the term ``Indian country'' in section 1151 of title 18, 
        United States Code.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2023 through 2032, to remain 
available until expended--
            (1) $97,000,000 to the Administrator to carry out this 
        section (except for subsection (d)); and
            (2) $3,000,000 to the Administrator of the Agency for Toxic 
        Substances and Disease Registry to carry out subsection (d).
    (c) Uses of Amounts.--Amounts appropriated under subsection (b)(1) 
shall be used by the Administrator--
            (1) to carry out removal actions on abandoned mine land 
        located on Tribal land;
            (2) to carry out response actions, including removal and 
        remedial planning activities, removal and remedial studies, 
        remedial actions, and other actions taken pursuant to section 
        104(b) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9604(b)) on 
        abandoned mine land located on Tribal land at--
                    (A) eligible non-NPL sites; and
                    (B) sites listed on the National Priorities List; 
                and
            (3) to make grants under subsection (e).
    (d) Health Assessments.--Subject to the availability of 
appropriations, the Agency for Toxic Substances and Disease Registry, 
in coordination with Tribal health authorities, shall perform 1 or more 
health assessments at each eligible non-NPL site that is located on 
Tribal land, in accordance with section 104(i)(6) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(i)(6)).
    (e) Tribal Grants.--
            (1) In general.--The Administrator may use amounts 
        appropriated under subsection (b)(1) to make grants to eligible 
        entities described in paragraph (2) for the purposes described 
        in paragraph (3).
            (2) Eligible entities described.--An eligible entity 
        referred to in paragraph (1) is--
                    (A) the governing body of an Indian Tribe; or
                    (B) a legally established organization of Indians 
                that--
                            (i) is controlled, sanctioned, or chartered 
                        by the governing bodies of 2 or more Indian 
                        Tribes to be served, or that is democratically 
                        elected by the adult members of the Indian 
                        community to be served, by that organization; 
                        and
                            (ii) includes the maximum participation of 
                        Indians in all phases of the activities of that 
                        organization.
            (3) Use of grant funds.--A grant under this subsection 
        shall be used--
                    (A) in accordance with the second sentence of 
                section 117(e)(1) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9617(e)(1));
                    (B) for obtaining technical assistance in carrying 
                out response actions under subparagraph (C); or
                    (C) for carrying out response actions, if the 
                Administrator determines that the Indian Tribe has the 
                capability to carry out any or all of those response 
                actions in accordance with the criteria and priorities 
                established pursuant to section 105(a)(8) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9605(a)(8)).
            (4) Applications.--An eligible entity desiring a grant 
        under this subsection shall submit to the Administrator an 
        application at such time, in such manner, and containing such 
        information as the Administrator may require.
            (5) Limitations.--A grant under this subsection shall be 
        governed by the rules, procedures, and limitations described in 
        section 117(e)(2) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9617(e)(2)), 
        except that--
                    (A) ``Administrator of the Environmental Protection 
                Agency'' shall be substituted for ``President'' each 
                place it appears in that section; and
                    (B) in the first sentence of that section, ``under 
                section 405 of the ADVANCE Act of 2023'' shall be 
                substituted for ``under this subsection''.
    (f) Statute of Limitations.--If a remedial action described in 
subsection (c)(2) is scheduled at an eligible non-NPL site, no action 
may be commenced for damages (as defined in section 101 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601)) with respect to that eligible non-NPL site 
unless the action is commenced within the timeframe provided for such 
actions with respect to facilities on the National Priorities List in 
the first sentence of the matter following subparagraph (B) of section 
113(g)(1) of that Act (42 U.S.C. 9613(g)(1)).
    (g) Coordination.--The Administrator shall coordinate with the 
Indian Tribe on whose land the applicable site is located in--
            (1) selecting and prioritizing sites for response actions 
        under paragraphs (1) and (2) of subsection (c); and
            (2) carrying out those response actions.

SEC. 406. DEVELOPMENT, QUALIFICATION, AND LICENSING OF ADVANCED NUCLEAR 
              FUEL CONCEPTS.

    (a) In General.--The Commission shall establish an initiative to 
enhance preparedness and coordination with respect to the qualification 
and licensing of advanced nuclear fuel.
    (b) Agency Coordination.--Not later than 180 days after the date of 
enactment of this Act, the Commission and the Secretary of Energy shall 
enter into a memorandum of understanding--
            (1) to share technical expertise and knowledge through--
                    (A) enabling the testing and demonstration of 
                accident tolerant fuels for existing commercial nuclear 
                reactors and advanced nuclear reactor fuel concepts to 
                be proposed and funded, in whole or in part, by the 
                private sector;
                    (B) operating a database to store and share data 
                and knowledge relevant to nuclear science and 
                engineering between Federal agencies and the private 
                sector;
                    (C) leveraging expertise with respect to safety 
                analysis and research relating to advanced nuclear 
                fuel; and
                    (D) enabling technical staff to actively observe 
                and learn about technologies, with an emphasis on 
                identification of additional information needed with 
                respect to advanced nuclear fuel; and
            (2) to ensure that--
                    (A) the Department of Energy has sufficient 
                technical expertise to support the timely research, 
                development, demonstration, and commercial application 
                of advanced nuclear fuel;
                    (B) the Commission has sufficient technical 
                expertise to support the evaluation of applications for 
                licenses, permits, and design certifications and other 
                requests for regulatory approval for advanced nuclear 
                fuel;
                    (C)(i) the Department of Energy maintains and 
                develops the facilities necessary to enable the timely 
                research, development, demonstration, and commercial 
                application by the civilian nuclear industry of 
                advanced nuclear fuel; and
                    (ii) the Commission has access to the facilities 
                described in clause (i), as needed; and
                    (D) the Commission consults, as appropriate, with 
                the modeling and simulation experts at the Office of 
                Nuclear Energy of the Department of Energy, at the 
                National Laboratories, and within industry fuel vendor 
                teams in cooperative agreements with the Department of 
                Energy to leverage physics-based computer modeling and 
                simulation capabilities.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall submit to the 
        appropriate committees of Congress a report describing the 
        efforts of the Commission under subsection (a), including--
                    (A) an assessment of the preparedness of the 
                Commission to review and qualify for use--
                            (i) accident tolerant fuel;
                            (ii) ceramic cladding materials;
                            (iii) fuels containing silicon carbide;
                            (iv) high-assay, low-enriched uranium 
                        fuels;
                            (v) molten-salt based liquid fuels;
                            (vi) fuels derived from spent nuclear fuel 
                        or depleted uranium; and
                            (vii) other related fuel concepts, as 
                        determined by the Commission;
                    (B) activities planned or undertaken under the 
                memorandum of understanding described in subsection 
                (b);
                    (C) an accounting of the areas of research needed 
                with respect to advanced nuclear fuel; and
                    (D) any other challenges or considerations 
                identified by the Commission.
            (2) Consultation.--In developing the report under paragraph 
        (1), the Commission shall seek input from--
                    (A) the Secretary of Energy;
                    (B) National Laboratories;
                    (C) the nuclear energy industry;
                    (D) technology developers;
                    (E) nongovernmental organizations; and
                    (F) other public stakeholders.

                TITLE V--IMPROVING COMMISSION EFFICIENCY

SEC. 501. COMMISSION WORKFORCE.

    (a) Definition of Chairman.--In this section, the term ``Chairman'' 
means the Chairman of the Commission.
    (b) Appointment Authority.--
            (1) In general.--Notwithstanding section 161 d. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision of 
        Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. 
        app.) governing appointments, and any provision of title 5, 
        United States Code, governing appointments and General Schedule 
        classification and pay rates, the Chairman may appoint persons 
        to the positions described in paragraph (2), subject to the 
        limitation described in paragraph (3), without regard to the 
        civil service laws.
            (2) Positions described.--The positions referred to in 
        paragraph (1) are--
                    (A) positions with highly specialized scientific, 
                engineering, and technical competencies to address a 
                critical need for the Commission, including--
                            (i) health physicist;
                            (ii) reactor operations engineer;
                            (iii) human factors analyst or engineer;
                            (iv) risk and reliability analyst or 
                        engineer;
                            (v) licensing project manager;
                            (vi) reactor engineer for severe accidents;
                            (vii) geotechnical engineer;
                            (viii) structural engineer;
                            (ix) reactor systems engineer;
                            (x) reactor engineer;
                            (xi) radiation scientist; and
                            (xii) electronics engineer; or
                    (B) positions to be filled by exceptionally well-
                qualified individuals that the Commission determines 
                are necessary to fulfill the mission of the Commission.
            (3) Limitation.--The Chairman may appoint persons to not 
        more than--
                    (A) 90 positions described in paragraph (2)(A); and
                    (B) 90 positions described in paragraph (2)(B).
            (4) Hiring bonus.--The Commission may pay any employee 
        appointed under paragraph (1) a 1-time hiring bonus in an 
        amount not to exceed the least of--
                    (A) $25,000;
                    (B) the amount equal to 15 percent of the annual 
                rate of basic pay of the employee; and
                    (C) the amount of the limitation that is applicable 
                for a calendar year under section 5307(a)(1) of title 
                5, United States Code.
            (5) Application of merit system principles.--To the maximum 
        extent practicable, the Chairman shall appoint persons under 
        paragraph (1) to the positions described in paragraph (2) in 
        accordance with the merit system principles set forth in 
        section 2301 of title 5, United States Code.
    (c) Compensation Authority.--
            (1) In general.--Notwithstanding section 161 d. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2201(d)) and chapter 51, 
        and subchapter III of chapter 53, of title 5, United States 
        Code, the Chairman may fix the rate of basic pay for the 
        positions of individuals described in paragraph (2), subject to 
        the limitation described in paragraph (3), in accordance with 
        this subsection.
            (2) Individuals described.--The individuals referred to in 
        paragraph (1) are--
                    (A) individuals with highly specialized scientific, 
                engineering, and technical competencies to address a 
                critical need for the Commission, including individuals 
                with expertise in--
                            (i) health physics;
                            (ii) reactor operations engineering;
                            (iii) human factors analysis or 
                        engineering;
                            (iv) risk and reliability analysis or 
                        engineering;
                            (v) licensing project management;
                            (vi) reactor engineering for severe 
                        accidents;
                            (vii) geotechnical engineering;
                            (viii) structural engineering;
                            (ix) reactor systems engineering;
                            (x) reactor engineering;
                            (xi) radiation science; and
                            (xii) electronics engineering; or
                    (B) exceptionally well-qualified individuals that 
                the Commission determines are necessary to fulfill the 
                mission of the Commission.
            (3) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the annual rate of basic pay for an individual 
                described in paragraph (2) may not exceed the per annum 
                rate of salary payable for level III of the Executive 
                Schedule under section 5314 of title 5, United States 
                Code, without regard to the civil service laws.
                    (B) Certain positions.--The Chairman may set the 
                annual rate of basic pay for an individual described in 
                paragraph (2) for not more than--
                            (i) 90 persons appointed to positions 
                        described in paragraph (2)(A); and
                            (ii) 90 persons appointed to positions 
                        described in paragraph (2)(B).
    (d) No Delegation.--The Chairman may not delegate the authority 
provided by subsection (b) or (c).
    (e) Annual Solicitation for Nuclear Regulator Apprenticeship 
Network Applications.--The Chairman, on an annual basis, shall solicit 
applications for the Nuclear Regulator Apprenticeship Network.
    (f) Report.--The Chairman shall include in the annual budget 
justification of the Commission information that describes--
            (1) the total number of and the positions of the persons 
        appointed under the authority provided by subsection (b);
            (2) the total number of and the positions of the persons 
        paid at the rate determined under the authority provided by 
        subsection (c);
            (3) how the authority provided by subsections (b) and (c) 
        is being used, and has been used during the previous fiscal 
        year, to address the hiring and retention needs of the 
        Commission with respect to the positions described in those 
        subsections to which that authority is applicable; and
            (4) if the authority provided by subsections (b) and (c) is 
        not being used, or has not been used, the reasons, including a 
        justification, for not using that authority.

SEC. 502. COMMISSION CORPORATE SUPPORT FUNDING.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Commission shall submit to the appropriate committees of 
Congress and make publicly available a report that describes--
            (1) the progress on the implementation of section 102(a)(3) 
        of the Nuclear Energy Innovation and Modernization Act (42 
        U.S.C. 2215(a)(3)); and
            (2) whether the Commission is meeting and is expected to 
        meet the total budget authority caps required for corporate 
        support under that section.
    (b) Limitation on Corporate Support Costs.--Section 102(a)(3) of 
the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 
2215(a)(3)) is amended by striking subparagraphs (B) and (C) and 
inserting the following:
                    ``(B) 30 percent for fiscal year 2024 and each 
                fiscal year thereafter.''.
    (c) Corporate Support Costs Clarification.--Paragraph (9) of 
section 3 of the Nuclear Energy Innovation and Modernization Act (42 
U.S.C. 2215 note; Public Law 115-439) (as redesignated by section 
201(a)(1)) is amended--
            (1) by striking ``The term'' and inserting the following:
                    ``(A) In general.--The term''; and
            (2) by adding at the end the following:
                    ``(B) Exclusions.--The term `corporate support 
                costs' does not include--
                            ``(i) costs for rent and utilities relating 
                        to any and all space in the Three White Flint 
                        North building that is not occupied by the 
                        Commission; or
                            ``(ii) costs for salaries, travel, and 
                        other support for the Office of the 
                        Commission.''.

SEC. 503. PERFORMANCE AND REPORTING UPDATE.

    Section 102(c) of the Nuclear Energy Innovation and Modernization 
Act (42 U.S.C. 2215(c)) is amended--
            (1) in paragraph (3)--
                    (A) in the paragraph heading, by striking ``180'' 
                and inserting ``90''; and
                    (B) by striking ``180'' and inserting ``90''; and
            (2) by adding at the end the following:
            ``(4) Periodic updates to metrics and schedules.--
                    ``(A) Review and assessment.--Not less frequently 
                than once every 3 years, the Commission shall review 
                and assess, based on the licensing and regulatory 
                activities of the Commission, the performance metrics 
                and milestone schedules established under paragraph 
                (1).
                    ``(B) Revisions.--After each review and assessment 
                under subparagraph (A), the Commission shall revise and 
                improve, as appropriate, the performance metrics and 
                milestone schedules described in that subparagraph to 
                provide the most efficient metrics and schedules 
                reasonably achievable.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. NUCLEAR CLOSURE COMMUNITIES.

    (a) Definitions.--In this section:
            (1) Community advisory board.--The term ``community 
        advisory board'' means a community committee or other advisory 
        organization that aims to foster communication and information 
        exchange between a licensee planning for and involved in 
        decommissioning activities and members of the community that 
        decommissioning activities may affect.
            (2) Decommission.--The term ``decommission'' has the 
        meaning given the term in section 50.2 of title 10, Code of 
        Federal Regulations (or successor regulations).
            (3) Eligible recipient.--The term ``eligible recipient'' 
        has the meaning given the term in section 3 of the Public Works 
        and Economic Development Act of 1965 (42 U.S.C. 3122).
            (4) Licensee.--The term ``licensee'' has the meaning given 
        the term in section 50.2 of title 10, Code of Federal 
        Regulations (or successor regulations).
            (5) Nuclear closure community.--The term ``nuclear closure 
        community'' means a unit of local government, including a 
        county, city, town, village, school district, or special 
        district, that has been impacted, or reasonably demonstrates to 
        the satisfaction of the Secretary that it will be impacted, by 
        a nuclear power plant licensed by the Commission that--
                    (A) is not co-located with an operating nuclear 
                power plant;
                    (B) is at a site with spent nuclear fuel; and
                    (C) as of the date of enactment of this Act--
                            (i) has ceased operations; or
                            (ii) has provided a written notification to 
                        the Commission that it will cease operations.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Assistant Secretary of Commerce 
        for Economic Development.
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a grant program to 
provide grants to eligible recipients--
            (1) to assist with economic development in nuclear closure 
        communities; and
            (2) to fund community advisory boards in nuclear closure 
        communities.
    (c) Requirement.--In carrying out this section, to the maximum 
extent practicable, the Secretary shall implement the recommendations 
described in the report submitted to Congress under section 108 of the 
Nuclear Energy Innovation and Modernization Act (Public Law 115-439; 
132 Stat. 5577) entitled ``Best Practices for Establishment and 
Operation of Local Community Advisory Boards Associated with 
Decommissioning Activities at Nuclear Power Plants''.
    (d) Distribution of Funds.--The Secretary shall establish a formula 
to ensure, to the maximum extent practicable, geographic diversity 
among grant recipients under this section.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary--
                    (A) to carry out subsection (b)(1), $35,000,000 for 
                each of fiscal years 2023 through 2028; and
                    (B) to carry out subsection (b)(2), $5,000,000 for 
                each of fiscal years 2023 through 2025.
            (2) Availability.--Amounts made available under this 
        section shall remain available for a period of 5 years 
        beginning on the date on which the amounts are made available.
            (3) No offset.--None of the funds made available under this 
        section may be used to offset the funding for any other Federal 
        program.

SEC. 602. TECHNICAL CORRECTION.

    Section 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) 
is amended--
            (1) by striking the third sentence and inserting the 
        following:
            ``(3) Limitation on utilization facilities.--The Commission 
        may issue a license under this section for a utilization 
        facility useful in the conduct of research and development 
        activities of the types specified in section 31 if--
                    ``(A) not more than 75 percent of the annual costs 
                to the licensee of owning and operating the facility 
                are devoted to the sale, other than for research and 
                development or education and training, of--
                            ``(i) nonenergy services;
                            ``(ii) energy; or
                            ``(iii) a combination of nonenergy services 
                        and energy; and
                    ``(B) not more than 50 percent of the annual costs 
                to the licensee of owning and operating the facility 
                are devoted to the sale of energy.'';
            (2) in the second sentence, by striking ``The Commission'' 
        and inserting the following:
            ``(2) Regulation.--The Commission''; and
            (3) by striking ``c. The Commission'' and inserting the 
        following:
    ``c. Research and Development Activities.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Commission''.
                                 &lt;all&gt;
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