Section 1 Short title
This Act may be cited as the “Nuclear Regulatory Modernization Act of 2026”.
Nuclear Regulatory Modernization Act of 2026
A BILL
To amend the Nuclear Energy Innovation and Modernization Act to make certain improvements relating to mandatory Nuclear Regulatory Commission hearings, and for other purposes.
Sec. 2 Improvements relating to mandatory Nuclear Regulatory Commission hearings
Hearings and judicial review— Section 189 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)) is amended—
in paragraph (1)(A)—
by striking “In any proceeding under this Act” and inserting the following:
“(i) In any proceeding under this Act”
in clause (i) (as so designated), by striking “The Commission shall hold a hearing” and all that follows through “upon a determination by the Commission that the amendment involves no significant hazards consideration.” and inserting the following:
“(ii) The Commission may, in the absence of a request for a hearing by any person whose interest may be affected, issue a construction permit, an operating license, a combined construction permit and operating license, an amendment to a construction permit, an amendment to an operating license, or an amendment to a combined construction permit and operating license under section 103, 104 b., 104 c., or 185 b. for a facility or a testing facility, without a hearing, but upon thirty days notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days notice and publication with respect to any application for an amendment to a construction permit, an amendment to an operating license, or an amendment to a combined construction permit and operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.
“(iii) The Commission may use informal adjudicatory procedures for any hearing held by the Commission pursuant to this subparagraph.”
in paragraph (1)(B)(iv)—
by inserting “informal” before “hearing procedures”; and
by striking “, whether informal or formal adjudicatory,”; and
in the second sentence of paragraph (2)(A), by striking “required hearing” and inserting “hearing held by the Commission under this section”.
Construction permits and operating licenses— Section 185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235(b)) is amended by striking “After holding a public hearing under section 189 a. (1)(A),” and inserting “After the thirty days notice and publication period or holding a hearing, as applicable, under section 189 a. (1)(A),”.
Applicability— The amendments made by this section shall apply to all applications and proceedings pending before the Nuclear Regulatory Commission on or after the date of enactment of this section.
Sec. 3 Construction-at-risk authorization for uranium enrichment facilities
Sense of Congress— It is the sense of Congress that—
the prohibition on the importation of uranium from the Russian Federation pursuant to the Prohibiting Russian Uranium Imports Act (Public Law 118–62; 42 U.S.C. 2011 note et seq.) should continue to apply; and
this section, and the amendments made by this section, should be carried out in a manner consistent with such prohibition.
by amending subsection (a) to read as follows:
“(a) At-Risk construction
“(1) In general—Commencement of construction of a uranium enrichment facility prior to the issuance of a license under sections 53 and 63 for that facility shall be permitted under the same terms and conditions applicable to other fuel cycle facilities licensed under such sections.
“(2) Rule of construction—Nothing in this subsection shall be construed to affect—
“(A) the authority of the Nuclear Regulatory Commission to regulate construction as necessary for issuing a license under sections 53 and 63 for a uranium enrichment facility, including the authority to deny an application for such a license for the failure of an applicant to construct such a facility in accordance with regulatory requirements; or
“(B) the right of any person whose interest may be affected by a proceeding under this Act to a hearing under section 189.”
by striking subsection (b);
by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; and
in the first sentence of subsection (b), as so redesignated, by striking “construction and”.
Regulations required— Not later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall issue or revise regulations to carry out this section and the amendments made by this section.