H.R. 6544 — what changed
Atomic Energy Advancement Act
From Introduced in House to Reported in House. 6 sections amended between Introduced in House and Reported in House.
Sec. 102 Nuclear licensing efficiency
Efficient licensing reviews—
General— Section 181 of the Atomic Energy Act of 1954 (42 U.S.C. 2231) is amended—
by striking “The provisions of” and inserting the following:
“(a) The provisions of”
by adding at the end the following:
“(b) Consistent with the declaration in section 1, the Commission shall provide for efficient, timely, and predictable reviews and proceedings for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licenses.”
Construction Permits and Operating Licenses— Section 185 of the Atomic Energy Act of 1954 (42 U.S.C. 2235) is amended by adding at the end the following:
“c. Application reviews for production and utilization facilities of an existing site—In reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a production facility or utilization facility located at the site of a production facility or utilization facility licensed by the Commission, the Commission shall, to the extent practicable, use information that was part of the licensing basis of the licensed production facility or utilization facility.”
Performance metrics and milestones— Section 102(c) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(c)) is amended—
in paragraph (3)—
in the paragraph heading, by striking “180” and inserting “90”; and
by striking “180” and inserting “90”; and
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 developed under paragraph (1).
“(B) Revisions—After each review and assessment under subparagraph (A), the Commission shall revise, as appropriate, the performance metrics and milestone schedules developed under paragraph (1) to provide the most efficient performance metrics and milestone schedules reasonably achievable.”
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—
by striking “Not later” and inserting the following:
“(A) In general—Not later”
by adding at the end the following:
“(B) Exclusion of fusion reactors—Notwithstanding section 3(1), for purposes of subparagraph (A), the term advanced nuclear reactor applicant does not include an applicant for a license for a nuclear fusion reactor.”
Technical correction— Section 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amended—
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.”
in the second sentence, by striking “The Commission” and inserting the following:
“(2) Regulation—The Commission”
by striking “c. The Commission” and inserting the following:
“(1) In general—Subject to paragraphs (2) and (3), the Commission”
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Fusion machines—
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Definition— Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended by adding at the end the following:
added “kk. Fusion machine—The term fusion machine means a particle accelerator that is capable of—
added “(1) transforming atomic nuclei, through fusion processes, into other elements, isotopes, or particles; and
added “(2) directly capturing and using the resultant products, including particles, heat, and other electromagnetic radiation.”
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Technology-inclusive regulatory framework—
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In general— Section 103(a) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2133 note) is further amended—
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in paragraph (4), by adding at the end the following:
added “(C) Fusion machine applicants—Not later than December 31, 2027, the Commission shall complete a rulemaking to establish a technology-inclusive, regulatory framework for optional use by fusion machine applicants for new license applications.”
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in paragraph (5)(B)(ii), by inserting “and fusion machine license applications” after “commercial advanced nuclear reactor license applications”.
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Definitions— Section 3 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note) is amended by adding at the end the following:
added “(21) Fusion machine—The term fusion machine has the meaning given such term in subsection kk. of section 11 of the Atomic Energy Act of 1954.”
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Report— Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall submit to Congress a report on—
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the results of a study, conducted in consultation with Agreement States (as defined in section 3 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note) and the private fusion sector, on risk- and performance-based, design-specific licensing frameworks for mass-manufactured fusion machines (as defined in subsection kk. of section 11 of the Atomic Energy Act of 1954, as added by this subsection), that includes evaluation of the Federal Aviation Administration’s design, manufacturing, and operations certification process for aircraft as a potential model for mass-manufactured fusion machine regulations; and
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the estimated timeline for the Commission to issue consolidated guidance or regulations for licensing mass-manufactured fusion machines, taking into account the results of such study and the anticipated need for such guidance or regulations.
Sec. 121 Modernization of nuclear reactor environmental reviews
In general— Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this section referred to as the “Commission”) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the efforts of the Commission to facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications, including through expanded use of categorical exclusions, environmental assessments, and generic environmental impact statements.
Report— In completing the report under subsection (a), the Commission shall—
describe the actions the Commission will take to implement the amendments to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of the Fiscal Responsibility Act of 2023;
consider—
using through adoption, incorporation by reference, or other appropriate means, categorical exclusions, environmental assessments, and environmental impact statements prepared by other Federal agencies to streamline environmental reviews of nuclear reactor applications by the Commission;
using categorical exclusions, environmental assessments, and environmental impact statements prepared by the Commission to streamline environmental reviews of nuclear reactor applications by the Commission;
using mitigated findings of no significant impact in environmental reviews of nuclear reactor applications by the Commission to reduce the impact of a proposed action to a level that is not significant;
the extent to which the Commission may rely on prior studies or analyses prepared by Federal, State, and local governmental permitting agencies to streamline environmental reviews of nuclear reactor applications by the Commission;
opportunities to coordinate the development of environmental assessments and environmental impact statements with other Federal agencies to avoid duplicative environmental reviews and to streamline environmental reviews of nuclear reactor applications by the Commission;
opportunities to streamline formal and informal consultations and coordination with other Federal, State, and local governmental permitting agencies during environmental reviews of nuclear reactor applications by the Commission;
opportunities to streamline the Commission’s analyses of alternatives, including the Commission’s analysis of alternative sites, in environmental reviews of nuclear reactor applications by the Commission;
establishing new categorical exclusions that could be applied to actions relating to new nuclear reactors applications;
amending section 51.20(b) of title 10, Code of Federal Regulations, to allow the Commission to determine on a case-specific basis whether an environmental assessment (rather than an environmental impact statement or supplemental environmental impact statement) is appropriate for a particular nuclear reactor application, including in proceedings in which the Commission relies upon a generic environmental impact statement for advanced nuclear reactors;
authorizing the use of an applicant’s environmental impact statement as the Commission’s draft environmental impact statement, consistent with section 107(f) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(f));
opportunities to adopt online and digital technologies, including technologies that would allow applicants and cooperating agencies to upload documents and coordinate with the Commission to edit documents in real time, that would streamline communications between—
the Commission and applicants; and
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the Commission and other relevant cooperating agencies; andagencies;
in addition to implementing measures under subsection (c), potential revisions to part 51 of title 10, Code of Federal Regulations, and relevant Commission guidance documents, to—
facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications;
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assist decision making decision-making about relevant environmental issues;
maintain openness with the public;
meet obligations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
reduce burdens on licensees, applicants, and the Commission; and
include a schedule for promulgating the rule required under subsection (c).
Rulemaking— Not later than 2 years after the submission of the report under subsection (a), the Commission shall promulgate a final rule implementing, to the maximum extent practicable, measures considered by the Commission under subsection (b)(2) that are necessary to streamline the Commission’s review of nuclear reactor applications.
Sec. 123 Advancement of nuclear regulatory oversight
Implementing lessons learned from the COVID–19 health emergency—
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 on actions taken by the Commission during the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19.
Contents— The report submitted under paragraph (1) shall—
identify any processes, procedures, and other regulatory policies that the Commission revised or temporarily suspended during the public health emergency described in paragraph (1);
examine how any revision or temporary suspension of a process, procedure, or other regulatory policy identified under subparagraph (A) affected the ability of the Commission to license and regulate the civilian use of radioactive materials in the United States to protect public health and safety, promote the common defense and security, and protect the environment;
discuss lessons learned from the matters described in subparagraph (B);
list actions that the Commission has taken or will take to incorporate into the licensing and oversight activities of the Commission, without compromising the mission of the Commission, the lessons described in subparagraph (C); and
describe when the actions listed under subparagraph (D) were implemented or may be implemented.
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Advancing efficient, risk-Informed risk-informed oversight and inspections—
In general— Not later than 1 year after the date of enactment of this Act, the Commission shall develop and submit to the appropriate committees of Congress a report that identifies specific improvements to the nuclear reactor and materials oversight and inspection programs carried out pursuant to the Atomic Energy Act of 1954 that the Commission may implement to maximize the efficiency of such programs through, where appropriate, the use of risk-informed, performance-based procedures, expanded incorporation of information technologies, and staff training.
Stakeholder input— In developing the report under paragraph (1), the Commission shall, as appropriate, seek input from—
the Secretary of Energy;
the National Laboratories;
the nuclear energy industry; and
nongovernmental organizations that are related to nuclear energy.
Contents— The report submitted under paragraph (1) shall—
assess specific elements of oversight and inspections that may be modified by the use of technology, improved planning, and continually updated risk-informed, performance-based assessment, including—
use of travel resources;
planning and preparation for inspections, including entrance and exit meetings with licensees;
document collection and preparation, including consideration of whether nuclear reactor data are accessible prior to onsite visits or requests to the licensee and that document requests are timely and within the scope of inspections;
the cross-cutting issues program; and
the scope of event reporting required by licensees to ensure decisions are risk-informed;
identify and assess measures to improve oversight and inspections, including—
elimination of areas of duplicative or otherwise unnecessary activities;
increased use of templates in documenting inspection results; and
periodic training of Commission staff and leadership on the application of risk-informed criteria for—
inspection planning and assessments;
agency decision making processes on the application of regulations and guidance; and
the application of the Commission’s standard of reasonable assurance of adequate protection;
assess measures to advance risk-informed procedures, including—
increased use of inspection approaches that balance the level of resources commensurate with safety significance;
increased review of the use of inspection program resources based on licensee performance;
expansion of modern information technology, including artificial intelligence and machine learning to risk inform oversight and inspection decisions; and
updating the Differing Professional Views or Opinions process to ensure any impacts on agency decisions and schedules are commensurate with the safety significance of the differing opinion;
assess the ability of the Commission, consistent with its obligations to provide reasonable assurance of adequate protection of health and safety pursuant to the Atomic Energy Act of 1954, to enable licensee innovations that may advance nuclear reactor operational efficiency and safety, including the criteria of the Commission for timely acceptance of licensee adoption of advanced technologies, including digital technologies;
identify recommendations resulting from the assessments described in subparagraphs (A) through (D);
identify specific actions that the Commission will take to incorporate into the training, inspection, oversight, and licensing activities, and regulations of the Commission, without compromising the mission of the Commission, the recommendations identified under subparagraph (E); and
describe when the actions identified under subparagraph (F) may be implemented.
Office and facility space review—
Report— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall—
review office and other facility space requirements of the Commission; and
submit to the appropriate committees of Congress a report, with recommendations, on the results of such review.
Contents— The report described in paragraph (1) shall include—
an examination of—
the costs associated with the headquarters, regional offices, and technical training center of the Commission, including examination of—
costs that do not support the Commission’s mission, including rent subsidies for other Federal agencies; and
opportunities to reduce future costs through reduction in unnecessary office space, consolidation of offices, use of advanced information technology, or any other appropriate means; and
current and anticipated office and facility requirements to efficiently accomplish the mission of the Commission; and
recommendations to Congress, the Commission, and the General Services Administration for actions that may assist in reducing office and facility costs to licensees and taxpayers.
Definitions— In this section:
Appropriate committees of Congress— The term appropriate committees of Congress means the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate.
Commission— The term Commission means the Nuclear Regulatory Commission.
Licensee— The term licensee means a person that holds a license issued under section 103 or section 104 of the Atomic Energy Act of 1954 (42 U.S.C. 2133; 2134).
Sec. 201 Advanced nuclear deployment
Enabling preparations for advanced nuclear reactor demonstrations on Federal sites—
In general— Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) is further 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 any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019); 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 or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019).”
Effective date— The amendment made by paragraph (1) shall take effect on October 1, 2024.
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Regulatory requirements for micro-Reactors—micro-reactors—
Micro-Reactor licensing— The Nuclear Regulatory Commission (in this subsection referred to as the “Commission”) shall—
not later than 18 months after the date of enactment of this Act, develop risk-informed and performance-based strategies and guidance to license and regulate micro-reactors pursuant to section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133), including strategies and guidance for—
staffing and operations;
oversight and inspections;
safeguards and security;
emergency preparedness;
risk analysis methods, including alternatives to probabilistic risk assessments;
decommissioning funding assurance methods that permit the use of design- and site-specific cost estimates;
the transportation of fueled micro-reactors; and
siting, including in relation to—
the population density criterion limit described in the policy issue paper on population-related siting considerations for advanced reactors dated May 8, 2020, and numbered SECY–20–0045;
licensing mobile deployment; and
environmental reviews; and
not later than 3 years after the date of enactment of this Act, implement, as appropriate, the strategies and guidance developed under subparagraph (A)—
within the existing regulatory framework;
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through the technology-inclusive, regulatory framework to be established under section 103(a)(4) 103(a)(4)(A) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2133 note; Public Law 115–439); or
through a pending or new rulemaking.
Considerations— In developing and implementing strategies and guidance under paragraph (1), the Commission shall consider—
the unique characteristics of micro-reactors, including characteristics relating to—
physical size;
design simplicity; and
source term;
opportunities to address redundancies and inefficiencies;
opportunities to consolidate review phases and reduce transitions between review teams;
opportunities to establish integrated review teams to ensure continuity throughout the review process; and
other relevant considerations discussed in the policy issue paper on policy and licensing considerations related to micro-reactors dated October 6, 2020, and numbered SECY–20–0093.
Consultation— In carrying out paragraph (1), the Commission shall consult with—
the Secretary of Energy;
the heads of other Federal agencies, as appropriate;
micro-reactor technology developers; and
other stakeholders.
Expedited subsequent combined licenses—
In general— In accordance with this subsection, the Nuclear Regulatory Commission (referred to in this subsection as the “Commission”) shall establish and carry out an expedited procedure for issuing a combined license pursuant to section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235).
Qualifications— To qualify for the expedited procedure under paragraph (1), an applicant—
shall submit a combined license application for a new nuclear reactor based off a previously licensed design;
shall propose to construct the new nuclear reactor on or adjacent to a site on which a nuclear reactor already operates or previously operated; and
may not be subject to an order of the Commission to suspend or revoke a license under section 2.202 of title 10, Code of Federal Regulations (or any successor regulation).
Expedited procedure— With respect to a combined license for which the applicant has satisfied the requirements described in paragraph (2), the Commission shall, to the maximum extent practicable—
not later than 1 year after the application is accepted for docketing, issue a draft environmental impact statement;
not later than 18 months after the application is accepted for docketing—
complete the technical review process; and
issue a safety evaluation report and final environmental impact statement;
not later than 2 years after the application is accepted for docketing, complete any necessary public licensing hearings and related processes; and
not later than 25 months after the application is accepted for docketing, make a final decision on whether to issue the combined license.
Performance and reporting—
Delays in issuance— Not later than 30 days after the applicable deadline, the Executive Director for Operations of the Commission shall inform the Commission of any failure to meet a deadline under paragraph (3).
Delays in issuance exceeding 90 days— If any deadline under paragraph (3) is not met by the date that is 90 days after the applicable date required under such paragraph, the Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the delay, including a detailed explanation accounting for the delay and a plan for completion of the applicable action.
Pilot program for nuclear power purchase agreements—
In general— Subtitle B of title VI of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 782) is amended by adding at the end the following:
“639A. Long-term nuclear power purchase agreement pilot program
“(a) Establishment—The Secretary shall establish a pilot program under which the Secretary shall enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an operating license is issued by the Nuclear Regulatory Commission after January 1, 2024.
“(b) Requirements—In establishing the pilot program under this section, the Secretary shall—
“(1) consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense; and
“(2) not later than December 31, 2028, enter into at least one long-term agreement to purchase power from a commercial nuclear reactor described in subsection (a).
“(c) Period of agreement—Notwithstanding any other provision of law, an agreement entered into pursuant to subsection (b)(2) to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years.
“(d) Priority—In carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power—
“(1) to high-value assets for national security purposes; or
“(2) for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as “islanding power capabilities” during an emergency.
“(e) Rates—A long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d).”
Table of contents— The table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) is amended by inserting after the item relating to section 639 the following:
Sec. 202 Global nuclear cooperation
Global nuclear energy assessment study—
Study required— Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commission, shall conduct a study on the global status of—
the civilian nuclear energy industry; and
the supply chains of the civilian nuclear energy industry.
Contents— The study conducted under paragraph (1) shall include—
information on the status of the civilian nuclear energy industry, the long-term risks to such industry, and the basis for such risks;
information on how the use of the civilian nuclear energy industry, relative to other types of energy industries, can reduce the emission of criteria pollutants and carbon dioxide;
information on the role the United States civilian nuclear energy industry plays in United States foreign policy;
information on the importance of the United States civilian nuclear energy industry to countries that are allied to the United States;
information on how the United States may collaborate with such countries in developing, deploying, and investing in nuclear technology;
information on how foreign countries use nuclear energy when crafting and implementing their own foreign policy, including such use by foreign countries that are strategic competitors;
an evaluation of how nuclear nonproliferation and security efforts and nuclear energy safety are affected by the involvement of the United States in—
international markets; and
setting civilian nuclear energy industry standards;
an evaluation of how industries in the United States, other than the civilian nuclear energy industry, benefit from the generation of electricity by nuclear power plants;
information on utilities and companies in the United States that are involved in the civilian nuclear energy supply chain, including, with respect to such utilities and companies—
financial challenges;
nuclear liability issues;
foreign strategic competition; and
risks to continued operation; and
recommendations for how the United States may—
develop a national strategy to increase the role nuclear energy plays in diplomacy and strategic energy policy;
develop a strategy to mitigate foreign competitor’s utilization of their civilian nuclear energy industries in diplomacy;
align its nuclear energy policy with national security objectives; and
remove regulatory barriers to the development of the United States civilian nuclear energy supply chain.
Report to Congress— Not later than 6 months after the study is conducted under paragraph (1), the Secretary of Energy shall submit to the appropriate committees of Congress a report, including a classified annex as necessary, on the results of such study.
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Program To to train and share expertise—
In general— Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State and the Commission, shall develop and carry out a program under which the Secretary of Energy shall train foreign nuclear energy experts and standardize practices.
Requirements— In carrying out the program developed under paragraph (1), the Secretary of Energy shall—
issue guidance for best safety practices in the global civilian nuclear energy industry based on practices established in the United States;
train foreign nuclear energy experts on the operation and safety and security practices used by the United States civilian nuclear energy industry;
review global supply chain risks for foreign civilian nuclear energy industries;
identify weaknesses and concerns found in foreign civilian nuclear energy industries; and
establish partnerships with foreign countries that have developed or are developing civilian nuclear energy industries.
Foreign nuclear energy expert— In this subsection, the term foreign nuclear energy expert does not include a person who is from a country—
in which intellectual property theft is legal;
that takes actions to undermine the civilian nuclear energy industry or other critical industries of the United States; or
which the Secretary of Energy determines is inimical to the interest of the United States.
International nuclear reactor export and innovation activities—
Coordination— The Commission shall—
coordinate all work of the Commission relating to—
issuing a license for the import or export of a nuclear reactor under section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133); and
international regulatory cooperation and assistance relating to nuclear reactors; and
support—
the consideration of international technical standards to assist the design, licensing, and construction of advanced nuclear systems;
efforts to help build competent nuclear regulatory organizations and legal frameworks in foreign countries that are seeking to develop civilian nuclear energy industries; and
exchange programs and training provided in coordination with the Secretary of State to foreign countries relating to civilian nuclear energy industry regulation and oversight to improve nuclear technology licensing.
Consultation— In supporting exchange programs and training under paragraph (1)(B)(iii), the Commission shall consult with—
the Secretary of Energy;
the Secretary of State;
the National Laboratories;
the private sector; and
institutions of higher education.
Nuclear Reactor Export and Innovation Branch— The Commission may establish within the Office of International Programs of the Commission a branch, to be known as the “International Nuclear Reactor Export and Innovation Branch”, to carry out the nuclear reactor export and innovation activities described in paragraph (1) as the Commission determines appropriate.
Exclusion of international activities from the fee base—
In general— Section 102 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215) is amended—
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 202(c)(1) of the Atomic Energy Advancement Act.”
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in subsection (b)(1)(B), as amended by the preceding provisions of this Act, by adding at the end the following:
“(vii) Costs for international nuclear reactor export and innovation activities described in section 202(c)(1) of the Atomic Energy Advancement Act.”
Effective date— The amendments made by subparagraph (A) shall take effect on October 1, 2024.
Denial of certain domestic licenses for national security purposes—
Definition of covered fuel— In this subsection, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that—
is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or
is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China.
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), no person subject to the jurisdiction of the Commission may possess or own covered fuel.
License To possess or own covered fuel—
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) unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license.
Prohibition on issuance of license—
In general— Subject to clause (iii), 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 clause (ii).
Determination—
In general— The determination referred to in clause (i) 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.
Joint determination— A determination described in subclause (I) shall be jointly made by the Secretary of Energy and the Secretary of State.
Timeline—
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.
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 item (aa) of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I).
Commission notification— On making the determination described in subclause (I), the Secretary of Energy and the Secretary of State shall immediately notify the Commission.
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 item (cc), the Commission shall notify the appropriate committees of Congress of the determination.
Public notice— Not later than 15 days after the date on which the Commission notifies Congress under item (dd) of a determination made under subclause (I), the Commission shall make that determination publicly available.
Effect of no determination— The prohibition described in clause (i) shall not apply if the Secretary of Energy and the Secretary of State do not make the determination described in clause (ii) by the date described in subclause (III)(bb) of that clause.
Definitions— In this section:
Appropriate committees of Congress— The term appropriate committees of Congress means each of the following:
The Committee on Energy and Commerce of the House of Representatives.
The Committee on Foreign Affairs of the House of Representatives.
The Committee on Environment and Public Works of the Senate.
The Committee on Energy and Natural Resources of the Senate.
The Committee on Foreign Relations of the Senate.
Commission— The term Commission means the Nuclear Regulatory Commission.
Sec. 203 American nuclear competitiveness
Process for review and amendment of part 810 generally authorized destinations—
Identification and evaluation of factors— Not later than 90 days after the date of enactment of this Act, the Secretary of Energy, with the concurrence of the Secretary of State, shall identify and evaluate factors, other than agreements for cooperation entered into in accordance with section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), that may be used to determine a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and to list such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations.
Process update— The Secretary of Energy shall review and, as appropriate, update the Department of Energy’s process for determining a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and for listing such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations, taking into consideration, and, as appropriate, incorporating factors identified and evaluated under paragraph (1).
Revisions to list— Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary of Energy shall, in accordance with any process updated pursuant to this subsection, review the list in Appendix A to part 810 of title 10, Code of Federal Regulations, and amend such list as appropriate.
Licensing domestic nuclear projects in which United States allies invest—
In general— The prohibitions against issuing certain licenses for utilization facilities to certain aliens, 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 paragraph (2) of this subsection if the Nuclear Regulatory Commission determines that issuance of the applicable license to that entity is not inimical to—
the common defense and security; or
the health and safety of the public.
Entities described—
In general— An entity referred to in paragraph (1) is an alien, corporation, or other entity that is owned, controlled, or dominated by—
the government of—
a country, other than a country described in subparagraph (B), that is a member of the Organization for Economic Co-operation and Development on the date of enactment of this Act; or
the Republic of India;
a corporation that is incorporated in a country described in subclause (I) or (II) of clause (i); or
an alien who is a citizen or national of a country described in subclause (I) or (II) of clause (i).
Exclusion— A country described in this subparagraph is a country—
any department, agency, or instrumentality of the government of which, on the date of enactment of this Act, is subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9525); or
any citizen, national, or entity of which, as of the date of enactment of this Act, is included on the List of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to sanctions imposed under section 231 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9525).
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”.
Savings clause— Nothing in this subsection affects the requirements of section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565).
Licensing considerations relating to use of nuclear energy for nonelectric applications—
In general— Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection referred to as the “Commission”) shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report addressing any unique licensing issues or requirements relating to—
the flexible operation of advanced nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications;
the use of advanced nuclear reactors exclusively for nonelectric applications; and
the collocation of advanced nuclear reactors with industrial plants or other facilities.
Stakeholder input— In developing the report under paragraph (1), the Commission shall seek input from—
the Secretary of Energy;
the nuclear energy industry;
technology developers;
the industrial, chemical, and medical sectors;
nongovernmental organizations; and
other public stakeholders.
Contents— The report under paragraph (1) shall describe—
any unique licensing issues or requirements relating to the matters described in subparagraphs (A) through (C) of paragraph (1), including, with respect to the nonelectric applications referred to in subparagraphs (A) and (B) of that paragraph, any licensing issues or requirements relating to the use of nuclear energy—
for hydrogen or other liquid and gaseous fuel or chemical production;
for water desalination and wastewater treatment;
for heat used in industrial processes;
for district heating;
in relation to energy storage;
for industrial or medical isotope production; and
other applications, as identified by the Commission;
options for addressing such issues or requirements—
within the existing regulatory framework;
changed
through the technology-inclusive, regulatory framework to be established under section 103(a)(4) 103(a)(4)(A) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2133 note; Public Law 115–439); or
through a new rulemaking;
the extent to which Commission action is needed to implement any matter described in the report; and
cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for licensing advanced nuclear reactors for nonelectric applications.
Report on advanced methods of manufacturing and construction for nuclear energy projects—
In general— Not later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection referred to as the “Commission”) shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on advanced methods of manufacturing and construction for nuclear energy projects.
Stakeholder input— In developing the report under paragraph (1), the Commission shall seek input from—
the Secretary of Energy;
the nuclear energy industry;
the National Laboratories;
institutions of higher education;
nuclear and manufacturing technology developers;
the manufacturing and construction industries;
standards development organizations;
labor unions;
nongovernmental organizations; and
other public stakeholders.
Contents—
In general— The report under paragraph (1) shall—
examine any unique licensing issues or requirements relating to the use, for nuclear energy projects, of—
advanced manufacturing techniques; and
advanced construction techniques;
examine—
the requirements for nuclear-grade components in manufacturing and construction for nuclear energy projects;
opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; and
opportunities to use standard materials that are in compliance with existing codes and standards to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes or standards;
identify safety aspects of advanced manufacturing processes and advanced construction techniques that are not addressed by existing codes and standards, so that generic guidance for nuclear energy projects may be updated or created as necessary by the Commission;
identify options for addressing the issues, requirements, and opportunities examined under clauses (i) and (ii)—
within the existing regulatory framework; or
through a new rulemaking; and
describe the extent to which Commission action is needed to implement any matter described in the report.
Cost estimates, budgets, and timeframes— The report under paragraph (1) shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for advanced manufacturing and construction for nuclear energy projects.
Extension of the Price-Anderson Act—
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, 2065”.
Liability— Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the “Price-Anderson Act”) is amended—
in subsection d. (5), by striking “$500,000,000” and inserting “$2,000,000,000”; and
in subsection e. (4), by striking “$500,000,000” and inserting “$2,000,000,000”.
Report— Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) (commonly known as the “Price-Anderson Act”) is amended by striking “December 31, 2021” and inserting “December 31, 2061”.
Definition of nuclear incident— Section 11 q. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(q)) is amended, in the second proviso, by striking “if such occurrence” and all that follows through “United States:” and inserting a colon.
Risk pooling program assessment—
Report— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall carry out a review of, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on, the Secretary of Energy’s actions with respect to the program described in section 934(e) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17373(e)).
Contents— The report described in paragraph (1) shall include—
an evaluation of the Secretary of Energy’s actions to determine the risk-informed assessment formula under section 934(e)(2)(C) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17373(e)(2)(C)); and
a review of the Secretary of Energy’s methodology to collect information to determine and implement the formula.