ADVANCE Act
ADVANCE Act is the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024, or the ADVANCE Act of 2024, is a piece of legislation passed by the 118th United States Congress to accelerate the development of generation IV nuclear reactor technology and keep existing United States nuclear electric power plants online. The Act was introduced in the Senate by Shelley Moore Capito in March 2023 as the ADVANCE Act of 2023. The bill was passed by the Senate in June 2024.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1447
Public Law 118–67
118th Congress
An Act
To authorize appropriations for the United States Fire Administration and firefighter
assistance grant programs, to advance the benefits 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,
DIVISION A—FIRE GRANTS AND SAFETY
SECTION 1. SHORT TITLE.
This division may be cited as the ‘‘Fire Grants and Safety
Act of 2023’’.
SEC. 2. REAUTHORIZATION OF THE UNITED STATES FIRE ADMINISTRATION.
Section 17(g)(1) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2216(g)(1)) is amended—
(1) in subparagraph (L), by striking ‘‘and’’ after the semicolon;
(2) in subparagraph (M)—
(A) by striking ‘‘for for’’ and inserting ‘‘for’’; and
(B) by striking the period and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraraph:
‘‘(N) $95,000,000 for each of fiscal years 2024 through
2028, of which $3,420,000 for each such fiscal year shall
be used to carry out section 8(f).’’.
SEC. 3. REAUTHORIZATION OF ASSISTANCE TO FIREFIGHTERS GRANTS
PROGRAM AND THE FIRE PREVENTION AND SAFETY GRANTS
PROGRAM.
(a) SUNSET.—Section 33(r) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(r)) is amended by striking
‘‘2024’’ and inserting ‘‘2030’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 33(q)(1) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229(q)(1)) is amended by striking ‘‘to carry out this section—
’’ and all that follows through ‘‘the fiscal year described in clause
(i)’’ and inserting ‘‘to carry out this section $750,000,000 for each
of fiscal years 2024 through 2028’’.
SEC. 4. REAUTHORIZATION OF STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE GRANT PROGRAM.
(a) SUNSET.—Section 34(k) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a(k)) is amended by striking
‘‘2024’’ and inserting ‘‘2030’’.
15 USC 2201
note.
Fire Grants and
Safety Act of
2023.
July 9, 2024
[S. 870]
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138 STAT. 1448 PUBLIC LAW 118–67—JULY 9, 2024
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 34(j)(1) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a(j)(1)(I)) is amended—
(1) in subparagraph (G), by inserting ‘‘and’’ after the semicolon;
(2) in subparagraph (H), by striking ‘‘fiscal year 2013;
and’’ and inserting ‘‘each of fiscal years 2024 through 2028.’’;
and
(3) by striking subparagraph (I).
SEC. 5. GAO AUDIT AND REPORT.
Not later than three years after the date of the enactment
of this Act, the Comptroller General of the United States shall
conduct an audit of and issue a publicly available report on—
(1) barriers that prevent fire departments from accessing
Federal funds; and
(2) the United States Fire Administration.
DIVISION B—ACCELERATING DEPLOYMENT
OF VERSATILE, ADVANCED NUCLEAR
FOR CLEAN ENERGY
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This division may be cited as the ‘‘Accelerating
Deployment of Versatile, Advanced Nuclear for Clean
Energy Act of 2024’’ or the ‘‘ADVANCE Act of 2024’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—AMERICAN NUCLEAR LEADERSHIP
Sec. 101. International nuclear export and innovation activities.
Sec. 102. Denial of certain domestic licenses for national security purposes.
Sec. 103. Export license notification.
Sec. 104. Global nuclear energy assessment.
Sec. 105. Process for review and amendment of part 810 generally authorized destinations.
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. Licensing considerations relating to use of nuclear energy for nonelectric
applications.
Sec. 204. Enabling preparations for the demonstration of advanced nuclear reactors
on Department of Energy sites or critical national security infrastructure
sites.
Sec. 205. Fusion energy regulation.
Sec. 206. Regulatory issues for nuclear facilities at brownfield sites.
Sec. 207. Combined license review procedure.
Sec. 208. Regulatory requirements for micro-reactors.
TITLE III—PRESERVING EXISTING NUCLEAR ENERGY GENERATION
Sec. 301. Foreign ownership.
TITLE IV—NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE,
AND WORKFORCE
Sec. 401. Report on advanced methods of manufacturing and construction for nuclear
energy projects.
Sec. 402. Nuclear energy traineeship.
42 USC 2011
note.
Accelerating
Deployment of
Versatile,
Advanced
Nuclear for Clean
Energy Act of
2024.
Public
information.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1449
Sec. 403. Biennial report on the spent nuclear fuel and high-level radioactive waste
inventory in the United States.
Sec. 404. Development, qualification, and licensing of advanced nuclear fuel concepts.
TITLE V—IMPROVING COMMISSION EFFICIENCY
Sec. 501. Mission alignment.
Sec. 502. Strengthening the NRC workforce.
Sec. 503. Commission corporate support funding.
Sec. 504. Performance metrics and milestones.
Sec. 505. Nuclear licensing efficiency.
Sec. 506. Modernization of nuclear reactor environmental reviews.
Sec. 507. Improving oversight and inspection programs.
TITLE VI—MISCELLANEOUS
Sec. 601. Technical correction.
Sec. 602. Report on engagement with the Government of Canada with respect to
nuclear waste issues in the Great Lakes Basin.
Sec. 603. Savings clause.
SEC. 2. DEFINITIONS.
In this division:
(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
(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).
42 USC 2011
note.
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138 STAT. 1450 PUBLIC LAW 118–67—JULY 9, 2024
TITLE I—AMERICAN NUCLEAR
LEADERSHIP
SEC. 101. INTERNATIONAL NUCLEAR EXPORT AND INNOVATION
ACTIVITIES.
(a) COMMISSION COORDINATION.—
(1) IN GENERAL.—The Commission shall—
(A) coordinate all work of the Commission relating
to—
(i) import and export licensing for nuclear reactors
and radioactive materials; and
(ii) international regulatory cooperation and assistance
relating to nuclear reactors and radioactive materials,
including with countries that are members of—
(I) the Organisation for Economic Co-operation
and Development; or
(II) the Nuclear Energy Agency; 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 reactors and use of radioactive materials;
(ii) efforts to help build competent nuclear regulatory
organizations and legal frameworks in foreign
countries that are seeking to develop civil nuclear
industries; and
(iii) exchange programs and training provided, in
coordination with the Secretary of State, to foreign
countries relating to civil nuclear licensing and oversight
to improve the regulation of nuclear reactors
and radioactive materials, 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) the Secretary of State;
(C) the National Laboratories;
(D) the private sector; and
(E) 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 Export and Innovation
Branch’’, to carry out the international nuclear export and innovation
activities described in subsection (a) 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 EXPORT AND INNOVATION
ACTIVITIES.—The Commission shall identify in the annual
42 USC 2155b.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1451
budget justification international nuclear export and innovation
activities described in section 101(a) of the ADVANCE Act
of 2024.’’; and
(B) in subsection (b)(1)(B), by adding at the end the
following:
‘‘(iv) Costs for international nuclear export and
innovation activities described in section 101(a) of the
ADVANCE Act of 2024.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on October 1, 2025.
(d) INTERAGENCY COORDINATION.—The Commission shall
coordinate all international activities under this section with the
Secretary of State, the Secretary of Energy, and other applicable
agencies, as appropriate.
(e) 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 outside
the United States into fuel assemblies for commercial nuclear power
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)(i)(I).
(B) DETERMINATION.—
(i) IN GENERAL.—The determination referred to in
subparagraph (A) is a determination that possession
or ownership, as applicable, of covered fuel—
(I) poses a threat to the national security of
the United States, including because of an adverse
42 USC 2073
note.
42 USC 2215
note.
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138 STAT. 1452 PUBLIC LAW 118–67—JULY 9, 2024
impact on the physical and economic security of
the United States; or
(II) does not pose a threat to the national
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,
the Committee on Foreign Relations of the
Senate, the Committee on Energy and Natural
Resources of the Senate, and the Committee on
Foreign Affairs of the House of Representatives
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 Commission
shall not issue a license if the Secretary of Energy and
the Secretary of State have not made a determination
described in subparagraph (B).
(d) SAVINGS CLAUSE.—Nothing in this section alters any treaty
or international agreement in effect on the date of enactment of
this Act or that enters into force after the date of enactment
of this Act.
SEC. 103. EXPORT LICENSE NOTIFICATION.
(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) NOTIFICATION.—If the Commission, after consultation with
the Secretary of State and any other relevant agencies, issues
an export license for the transfer of any item described in subsection
42 USC 2155
note.
Deadlines.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1453
(d) to a country described in subsection (c), the Commission shall
notify the appropriate committees of Congress, the Committee on
Foreign Relations of the Senate, the Committee on Energy and
Natural Resources of the Senate, and the Committee on Foreign
Affairs of the House of Representatives.
(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.
SEC. 104. GLOBAL NUCLEAR ENERGY ASSESSMENT.
(a) 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—
(1) the civilian nuclear energy industry; and
(2) the supply chains of the civilian nuclear energy
industry.
(b) CONTENTS.—The study conducted under subsection (a) shall
include—
(1) information on the status of the civilian nuclear energy
industry, the long-term risks to that industry, and the bases
for those risks;
(2) 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;
(3) information on the role the United States civilian
nuclear energy industry plays in United States foreign policy;
(4) information on the importance of the United States
civilian nuclear energy industry to countries that are allied
to the United States;
Deadline.
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138 STAT. 1454 PUBLIC LAW 118–67—JULY 9, 2024
(5) information on how the United States may collaborate
with those countries in developing, deploying, and investing
in nuclear technology;
(6) 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;
(7) an evaluation of how nuclear nonproliferation and security
efforts and nuclear energy safety are affected by the
involvement of the United States in—
(A) international markets; and
(B) setting civilian nuclear energy industry standards;
(8) 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;
(9) information on utilities and companies in the United
States that are involved in the civilian nuclear energy supply
chain, including, with respect to those utilities and companies—
(A) financial challenges;
(B) nuclear liability issues;
(C) foreign strategic competition; and
(D) risks to continued operation; and
(10) recommendations for how the United States may—
(A) develop a national strategy to increase the role
that nuclear energy plays in diplomacy and strategic energy
policy;
(B) develop a strategy to mitigate foreign competitor’s
utilization of their civilian nuclear energy industries in
diplomacy;
(C) align the nuclear energy policy of the United States
with national security objectives; and
(D) modernize regulatory requirements to strengthen
the United States civilian nuclear energy supply chain.
(c) REPORT TO CONGRESS.—Not later than 180 days after the
study under subsection (a) is completed, the Secretary of Energy
shall submit to the appropriate committees of Congress the study,
including a classified annex, if necessary.
SEC. 105. PROCESS FOR REVIEW AND AMENDMENT OF PART 810 GENERALLY
AUTHORIZED DESTINATIONS.
(a) 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.
(b) 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,
List.
Deadline.
Determination.
Lists.
Deadlines.
Reviews.
42 USC 2077
note.
Recommendations.
Evaluation.
Evaluation.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1455
taking into consideration and, as appropriate, incorporating factors
identified and evaluated under subsection (a).
(c) 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 section, review the list in Appendix A
to part 810 of title 10, Code of Federal Regulations, and amend
such list as appropriate.
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), (6), (7), (8), (9), (10), (12), (15), (16), (17), (18),
(19), (20), and (21), 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 for 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) ADVANCED NUCLEAR REACTOR PRE-APPLICANT.—The
term ‘advanced nuclear reactor pre-applicant’ means an entity
that has submitted to the Commission a licensing project plan
for the purposes of submitting a future application for a license
for an advanced nuclear reactor under the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.).
‘‘(5) AGENCY SUPPORT.—The term ‘agency support’ has the
meaning given the term ‘agency support (corporate support
and the IG)’ in section 170.3 of title 10, Code of Federal Regulations
(or any successor regulation).’’;
(4) by inserting after paragraph (10) (as so redesignated)
the following:
‘‘(11) HOURLY RATE FOR MISSION-DIRECT PROGRAM SALARIES
AND BENEFITS.—The term ‘hourly rate for mission-direct program
salaries and benefits’ means the quotient obtained by
dividing—
‘‘(A) the full-time equivalent rate (within the meaning
of the document of the Commission entitled ‘FY 2023 Final
Fee Rule Work Papers’ (or a successor document)) for mission-
direct program salaries and benefits 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 (12) (as so redesignated)
the following:
Time period.
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138 STAT. 1456 PUBLIC LAW 118–67—JULY 9, 2024
‘‘(13) MISSION-DIRECT PROGRAM SALARIES AND BENEFITS.—
The term ‘mission-direct program salaries and benefits’ 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, as described in the document
of the Commission entitled ‘FY 2023 Final Fee Rule Work
Papers’ (or a successor document).
‘‘(14) MISSION-INDIRECT PROGRAM SUPPORT.—The term ‘mission-
indirect program support’ has the meaning given the term
in section 170.3 of title 10, Code of Federal Regulations (or
any successor regulation).’’.
(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 and collected from advanced nuclear
reactor applicants.
‘‘(vi) The total costs of mission-indirect program
support and agency support that, under paragraph
(2)(C), may not be included in the hourly rate charged
for fees assessed and collected from advanced nuclear
reactor pre-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 and collected from
an advanced nuclear reactor applicant under this paragraph
relating to the review of a submitted application
described in section 3(1) may not exceed the hourly rate
for mission-direct program salaries and benefits.
‘‘(C) ADVANCED NUCLEAR REACTOR PRE-APPLICANTS.—
The hourly rate charged for fees assessed and collected
from an advanced nuclear reactor pre-applicant under this
paragraph relating to the review of submitted materials
as described in the licensing project plan of an advanced
nuclear reactor pre-applicant may not exceed the hourly
rate for mission-direct program salaries and benefits.’’.
(d) SUNSET.—Section 102 of the Nuclear Energy Innovation
and Modernization Act (42 U.S.C. 2215) is amended by adding
at the end the following:
‘‘(g) CESSATION OF EFFECTIVENESS.—Paragraphs (1)(B)(vi) and
(2)(C) of subsection (b) shall cease to be effective on September
30, 2030.’’.
Assessment.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1457
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2025.
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.—Subject to paragraph (3),
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
42 USC 2133
note.
42 USC 2215
note.
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138 STAT. 1458 PUBLIC LAW 118–67—JULY 9, 2024
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 colocated
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 LIMITATIONS.—
‘‘(A) EXCLUSION OF TVA FUNDS.—In this paragraph,
the term ‘Federal funds’ does not include funds received
under the power program of the Tennessee Valley Authority
established pursuant to the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831 et seq.).
‘‘(B) LIMITATION ON AMOUNTS EXPENDED.—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
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1459
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.
‘‘(C) REPAYMENT AND DIVIDENDS NOT REQUIRED.—Notwithstanding
section 9104(a)(4) of title 31, United States
Code, or any other provision of law, an eligible entity
that receives an award under this subsection shall not
be required—
‘‘(i) to repay that award or any part of that award;
or
‘‘(ii) to pay a dividend, interest, or other similar
payment based on the sum of that award.’’.
SEC. 203. LICENSING CONSIDERATIONS RELATING TO 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 addressing any unique
licensing issues or requirements relating to—
(1) the flexible operation of advanced 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 under subsection
(a), 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 under subsection (a) 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—
(i) for hydrogen or other liquid and gaseous fuel
or chemical production;
(ii) for water desalination and wastewater treatment;
(iii) for heat used for industrial processes;
(iv) for district heating;
(v) in relation to energy storage;
(vi) for industrial or medical isotope production;
and
(vii) for other applications, as identified by the
Commission;
(B) options for addressing those issues or requirements—
Reports.
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138 STAT. 1460 PUBLIC LAW 118–67—JULY 9, 2024
(i) within the existing regulatory framework;
(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
(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 OR CRITICAL NATIONAL SECURITY INFRASTRUCTURE
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:
‘‘(vii) 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 critical national
security infrastructure (as defined in section 327(d)
of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115–
232; 132 Stat. 1722)) site; and
‘‘(II) pre-application activities relating to 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 critical national security infrastructure (as
defined in section 327(d) of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019 (Public Law 115–232; 132 Stat. 1722)) site.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2025.
SEC. 205. FUSION ENERGY REGULATION.
(a) DEFINITION.—Section 11 of the Atomic Energy Act of 1954
(42 U.S.C. 2014) is amended—
(1) in subsection e.—
(A) in paragraph (3)(B)—
(i) in clause (i), by inserting ‘‘, including by use
of a fusion machine’’ after ‘‘particle accelerator’’; and
(ii) in clause (ii), by inserting ‘‘if made radioactive
by use of a particle accelerator that is not a fusion
machine,’’ before ‘‘is produced’’;
42 USC 2215
note.
Regulations.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1461
(2) in each of subsections ee. through hh., by inserting
a subsection heading, the text of which comprises the term
defined in the subsection;
(3) by redesignating subsections ee., ff., gg., hh., and jj.
as subsections jj., gg., hh., ii., and ff., respectively, and moving
the subsections so as to appear in alphabetical order;
(4) in subsection dd., by striking ‘‘dd. The’’ and inserting
the following:
‘‘ee. HIGH-LEVEL RADIOACTIVE WASTE; SPENT NUCLEAR FUEL.—
The’’; and
(5) by inserting after subsection cc. the following:
‘‘dd. FUSION MACHINE.—The term ‘fusion machine’ means a
machine that is capable of—
‘‘(1) transforming atomic nuclei, through fusion processes,
into different elements, isotopes, or other particles; and
‘‘(2) directly capturing and using the resultant products,
including particles, heat, or other electromagnetic radiation.’’.
(b) TECHNICAL AND CONFORMING CHANGES.—
(1) IN GENERAL.—Section 103(a) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2133 note; Public
Law 115–439) is amended—
(A) in paragraph (4), by striking ‘‘inclusive,’’ and
inserting ‘‘inclusive’’; and
(B) in paragraph (5)(B)(ii), by inserting ‘‘(including
fusion machine license applications)’’ after ‘‘commercial
advanced nuclear reactor license applications’’.
(2) DEFINITIONS.—Section 3 of the Nuclear Energy Innovation
and Modernization Act (42 U.S.C. 2215 note; Public Law
115–439) (as amended by section 201(a)) is amended—
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ‘‘or fusion reactor’’ and inserting
‘‘reactor or fusion machine’’;
(B) by redesignating paragraphs (11) through (21) as
paragraphs (12) through (22), respectively; and
(C) by inserting after paragraph (10) the following:
‘‘(11) FUSION MACHINE.—The term ‘fusion machine’ has the
meaning given the term in section 11 of the Atomic Energy
Act of 1954 (42 U.S.C. 2014).’’.
(c) REPORT.—
(1) DEFINITIONS.—In this subsection:
(A) AGREEMENT STATE.—The term ‘‘Agreement State’’
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).
(B) FUSION MACHINE.—The term ‘‘fusion machine’’ has
the meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
(2) REQUIREMENT.—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 on—
(A) the results of a study, conducted in consultation
with Agreement States and the private fusion sector, on
risk- and performance-based, design-specific licensing
frameworks for mass-manufactured fusion machines,
including an evaluation of the design, manufacturing, and
Evaluation.
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138 STAT. 1462 PUBLIC LAW 118–67—JULY 9, 2024
operations certification process used by the Federal Aviation
Administration for aircraft as a potential model for
mass-manufactured fusion machine regulations; and
(B) the estimated timeline for the Commission to issue
consolidated guidance or regulations for licensing massmanufactured
fusion machines, taking into account—
(i) the results of that study; and
(ii) the anticipated need for such guidance or regulations.
SEC. 206. REGULATORY ISSUES FOR NUCLEAR FACILITIES AT
BROWNFIELD SITES.
(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) COVERED SITE.—The term ‘‘covered site’’ means a
brownfield site, a retired fossil fuel site, or a site that is
both a retired fossil fuel site and a brownfield site.
(3) 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).
(4) 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.
(5) 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 efficient, timely, and predictable licensing
reviews for, and to support the oversight of, production facilities
or utilization facilities at covered sites.
(2) REQUIREMENT.—In carrying out paragraph (1), the
Commission shall consider how licensing reviews for production
facilities or utilization facilities at covered sites may be expedited
by considering matters relating to siting and operating
a production facility or a utilization facility at or near a covered
site to support—
(A) the reuse of existing site infrastructure, including—
(i) electric switchyard components and transmission
infrastructure;
(ii) heat-sink components;
(iii) steam cycle components;
(iv) roads;
(v) railroad access; and
(vi) water availability;
(B) the use of early site permits;
(C) the utilization of plant parameter envelopes or
similar standardized site parameters on a portion of a
larger site; and
(D) the use of a standardized application for similar
sites.
Deadline.
Evaluation.
Guidance.
42 USC 2133
note.
Timeline.
Guidance.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1463
(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 efficient,
timely, and predictable licensing reviews for, and
to support the oversight of, production facilities or utilization
facilities at covered sites; or
(B) initiate a rulemaking to enable efficient, timely,
and predictable licensing reviews for, and to support the
oversight of, production facilities or utilization facilities
at covered sites.
(2) REQUIREMENTS.—In carrying out paragraph (1), consistent
with the mission of the Commission, 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 completed 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 covered 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)(1).
SEC. 207. COMBINED LICENSE REVIEW PROCEDURE.
(a) IN GENERAL.—In accordance with this section, 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(b)).
(b) QUALIFICATIONS.—To qualify for the expedited procedure
under subsection (a), an applicant—
(1) shall submit a combined license application for a new
nuclear reactor that—
(A) references a design for which the Commission has
issued a design certification (as defined in section 52.1
of title 10, Code of Federal Regulations (or any successor
regulation)); or
(B) has a design that is substantially similar to a
design of a nuclear reactor for which the Commission has
issued a combined license, an operating license, or a manufacturing
license under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.);
(2) shall propose to construct the new nuclear reactor on
a site—
Proposal.
42 USC 2235
note.
Regulations.
Strategies.
Reviews.
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138 STAT. 1464 PUBLIC LAW 118–67—JULY 9, 2024
(A) on which a licensed commercial nuclear reactor
operates or previously operated; or
(B) that is directly adjacent to a site on which a
licensed commercial nuclear reactor operates or previously
operated and has site characteristics that are substantially
similar to that site; and
(3) 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).
(c) EXPEDITED PROCEDURE.—With respect to a combined license
for which the applicant has satisfied the requirements described
in subsection (b), the Commission shall, to the maximum extent
practicable—
(1) not later than 18 months after the date on which
the application is accepted for docketing—
(A) complete the technical review process and issue
a safety evaluation report; and
(B) issue a final environmental impact statement or
environmental assessment, unless the Commission finds
that the proposed agency action is excluded pursuant to
a categorical exclusion in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) not later than 2 years after the date on which the
application is accepted for docketing, complete any necessary
public licensing hearings and related processes; and
(3) not later than 25 months after the date on which
the application is accepted for docketing, make a final decision
on whether to issue the combined license.
(d) PERFORMANCE AND REPORTING.—
(1) 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 subsection (c).
(2) DELAYS IN ISSUANCE EXCEEDING 90 DAYS.—If any deadline
under subsection (c) is not met by the date that is 90
days after the applicable date required under that subsection,
the Commission shall submit to the appropriate committees
of Congress a report describing the delay, including—
(A) a detailed explanation accounting for the delay;
and
(B) a plan for completion of the applicable action.
SEC. 208. REGULATORY REQUIREMENTS FOR MICRO-REACTORS.
(a) MICRO-REACTOR LICENSING.—The Commission shall—
(1) 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—
(A) staffing and operations;
(B) oversight and inspections;
(C) safeguards and security;
(E) risk analysis methods, including alternatives to
probabilistic risk assessments;
(F) decommissioning funding assurance methods that
permit the use of design- and site-specific cost estimates;
Cost estimates.
Analysis.
Assessments.
Strategies.
Guidance.
Deadlines.
42 USC 2133
note.
Plan.
Decision.
Public
information.
Assessment.
Reports.
Deadlines.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1465
(G) the transportation of fueled micro-reactors; and
(H) siting, including in relation to—
(i) 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;
(ii) licensing mobile deployment; and
(iii) environmental reviews; and
(2) not later than 3 years after the date of enactment
of this Act, implement, as appropriate, the strategies and guidance
developed under paragraph (1)—
(A) within the existing regulatory framework;
(B) through the technology-inclusive regulatory framework
to be established under section 103(a)(4) of the
Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2133 note; Public Law 115–439); or
(C) through a pending or new rulemaking.
(b) CONSIDERATIONS.—In developing and implementing strategies
and guidance under subsection (a), the Commission shall consider—
(1) the unique characteristics of micro-reactors, including
characteristics relating to—
(A) physical size;
(B) design simplicity; and
(C) source term;
(2) opportunities to address redundancies and inefficiencies;
(3) opportunities to consolidate review phases and reduce
transitions between review teams;
(4) opportunities to establish integrated review teams to
ensure continuity throughout the review process; and
(5) 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.
(c) CONSULTATION.—In carrying out subsection (a), the Commission
shall consult with—
(1) the Secretary of Energy;
(2) the heads of other Federal agencies, as appropriate;
(3) micro-reactor technology developers; and
(4) other stakeholders.
TITLE III—PRESERVING EXISTING
NUCLEAR ENERGY GENERATION
SEC. 301. FOREIGN OWNERSHIP.
(a) 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 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.—
Determination.
42 USC 2133
note.
Reviews.
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138 STAT. 1466 PUBLIC LAW 118–67—JULY 9, 2024
(1) IN GENERAL.—An entity referred to in subsection (a)
is an alien, corporation, or other entity that is owned, controlled,
or dominated by—
(A) the government of—
(i) a country, other than a country described in
paragraph (2), that is a member of the Organisation
for Economic Co-operation and Development on the
date of enactment of this Act; or
(ii) the Republic of India;
(B) a corporation that is incorporated in a country
described in clause (i) or (ii) of subparagraph (A); or
(C) an alien who is a citizen or national of a country
described in clause (i) or (ii) of subparagraph (A).
(2) EXCLUSION.—A country described in this paragraph is
a country—
(A) 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
(B) 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).
(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).
TITLE IV—NUCLEAR FUEL CYCLE, SUPPLY
CHAIN, INFRASTRUCTURE, AND
WORKFORCE
SEC. 401. REPORT ON ADVANCED METHODS OF MANUFACTURING AND
CONSTRUCTION FOR NUCLEAR ENERGY PROJECTS.
(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 projects.
(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;
Business and
industry.
India.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1467
(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, for nuclear energy projects,
of—
(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
projects;
(ii) opportunities to use standard materials, parts,
or components in manufacturing and construction for
nuclear energy projects;
(iii) 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 and standards; 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 safety aspects of 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 advanced manufacturing
and construction for nuclear energy projects.
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)’’;
Examination.
Examination.
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138 STAT. 1468 PUBLIC LAW 118–67—JULY 9, 2024
(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 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. BIENNIAL REPORT ON THE SPENT NUCLEAR FUEL AND HIGHLEVEL
RADIOACTIVE WASTE INVENTORY IN THE UNITED
STATES.
(a) DEFINITIONS.—In this section:
42 USC 10109.
Deadline.
Evaluation.
Definitions.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1469
(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 any successor regulation).
(b) REPORT.—Not later than January 1, 2026, and biennially
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;
(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;
(7) any actions taken in the previous fiscal year by the
Department of Energy with respect to interim storage; and
(8) any activities taken in the previous fiscal year by the
Department of Energy to develop and deploy nuclear technologies
and fuels that enhance the safe transportation or storage
of spent nuclear fuel or high-level radioactive waste,
including technologies to protect against seismic, flooding, and
other extreme weather events.
SEC. 404. 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—
Deadline.
Memorandum.
42 USC 16281
note.
Time periods.
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138 STAT. 1470 PUBLIC LAW 118–67—JULY 9, 2024
(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 2 years 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—
(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
Records.
Assessment.
Review.
Consultation.
Data.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1471
(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. MISSION ALIGNMENT.
(a) UPDATE.—Not later than 1 year after the date of enactment
of this Act, the Commission shall, while remaining consistent with
the policies of the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.) and the Energy Reorganization Act of 1974 (42 U.S.C.
5801 et seq.) (including to provide reasonable assurance of adequate
protection of the public health and safety, to promote the common
defense and security, and to protect the environment), update the
mission statement of the Commission to include that licensing
and regulation of the civilian use of radioactive materials and
nuclear energy be conducted in a manner that is efficient and
does not unnecessarily limit—
(1) the civilian use of radioactive materials and deployment
of nuclear energy; or
(2) the benefits of civilian use of radioactive materials
and nuclear energy technology to society.
(b) REPORT.—On completion of the update to the mission statement
required under subsection (a), the Commission shall submit
to the appropriate committees of Congress a report that describes—
(1) the updated mission statement; and
(2) the guidance that the Commission will provide to staff
of the Commission to ensure effective performance of the mission
of the Commission.
SEC. 502. STRENGTHENING THE NRC WORKFORCE.
(a) COMMISSION WORKFORCE.—
(1) GENERAL AUTHORITY.—The Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.) is amended by inserting after section
161A the following:
‘‘SEC. 161B. COMMISSION WORKFORCE.
‘‘(a) DIRECT HIRE AUTHORITY.—
‘‘(1) IN GENERAL.—Notwithstanding section 161 d. of this
Act and any provision of Reorganization Plan No. 1 of 1980
(94 Stat. 3585; 5 U.S.C. app.), and without regard to any
provision of title 5 (except section 3328), United States Code,
governing appointments in the civil service, the Chairman of
the Nuclear Regulatory Commission (in this section referred
to as the ‘Chairman’) may, in order to carry out the Nuclear
Regulatory Commission’s (in this section referred to as the
Appointments.
42 USC 2201b.
Deadline.
42 USC 2201
note.
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138 STAT. 1472 PUBLIC LAW 118–67—JULY 9, 2024
‘Commission’) responsibilities and activities in a timely, efficient,
and effective manner and subject to the limitations
described in paragraphs (2), (3), and (4)—
‘‘(A) recruit and directly appoint exceptionally wellqualified
individuals into the excepted service for covered
positions; and
‘‘(B) establish in the excepted service term-limited covered
positions and recruit and directly appoint exceptionally
well-qualified individuals into such term-limited covered
positions, which may not exceed a term of 4 years.
‘‘(2) LIMITATIONS.—
‘‘(A) NUMBER.—
‘‘(i) IN GENERAL.—The number of exceptionally
well-qualified individuals serving in covered positions
pursuant to paragraph (1)(A) may not exceed 210 at
any one time.
‘‘(ii) TERM-LIMITED COVERED POSITIONS.—The
Chairman may not appoint more than 20 exceptionally
well-qualified individuals into term-limited covered
positions pursuant to paragraph (1)(B) during any
fiscal year.
‘‘(B) COMPENSATION.—
‘‘(i) ANNUAL RATE.—The annual basic rate of pay
for any individual appointed under paragraph (1)(A)
or paragraph (1)(B) may not exceed the annual basic
rate of pay for level III of the Executive Schedule
under section 5314 of title 5, United States Code.
‘‘(ii) EXPERIENCE AND QUALIFICATIONS.—Any individual
recruited and directly appointed into a covered
position or a term-limited covered position shall be
compensated at a rate of pay that is commensurate
with such individual’s experience and qualifications.
‘‘(C) SENIOR EXECUTIVE SERVICE POSITION.—The Chairman
may not, under paragraph (1)(A) or paragraph (1)(B),
appoint exceptionally well-qualified individuals to any
Senior Executive Service position, as defined in section
3132 of title 5, United States Code.
‘‘(3) LEVEL OF POSITIONS.—To the extent practicable, in
carrying out paragraph (1) the Chairman shall recruit and
directly appoint exceptionally well-qualified individuals into the
excepted service to entry, mid, and senior level covered positions,
including term-limited covered positions.
‘‘(4) CONSIDERATION OF FUTURE WORKFORCE NEEDS.—When
recruiting and directly appointing exceptionally well-qualified
individuals to covered positions pursuant to paragraph (1)(A),
to maintain sufficient flexibility under the limitations of paragraph
(2)(A)(i), the Chairman shall consider the future
workforce needs of the Commission to carry out its responsibilities
and activities in a timely, efficient, and effective manner.
‘‘(b) ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES
AND OTHER PERSONNEL OF THE COMMISSION.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, the Chairman may fix the compensation for employees
or other personnel serving in a covered position without regard
to any provision of title 5, United States Code, governing General
Schedule classification and pay rates.
Time period.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1473
‘‘(2) APPLICABILITY.—The authority under this subsection
to fix the compensation of employees or other personnel shall
apply with respect to an employee or other personnel serving
in a covered position regardless of when the employee or other
personnel was hired.
‘‘(3) LIMITATIONS ON COMPENSATION.—
‘‘(A) ANNUAL RATE.—The Chairman may not use the
authority under paragraph (1) to fix the compensation of
employees or other personnel—
‘‘(i) at an annual rate of basic pay higher than
the annual basic rate of pay for level III of the Executive
Schedule under section 5314 of title 5, United
States Code; or
‘‘(ii) at an annual rate of basic pay that is not
commensurate with such an employee or other personnel’s
experience and qualifications.
‘‘(B) SENIOR EXECUTIVE SERVICE POSITIONS.—The
Chairman may not use the authority under paragraph
(1) to fix the compensation of an employee serving in a
Senior Executive Service position, as defined in section
3132 of title 5, United States Code.
‘‘(c) ADDITIONAL COMPENSATION AUTHORITY.—
‘‘(1) FOR NEW EMPLOYEES.—The Chairman may pay an
individual recruited and directly appointed under subsection
(a) a 1-time hiring bonus in an amount not to exceed $25,000.
‘‘(2) FOR EXISTING EMPLOYEES.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), an employee or other personnel who the Chairman
determines exhibited exceptional performance in a fiscal
year may be paid a performance bonus in an amount not
to exceed the least of—
‘‘(i) $25,000; and
‘‘(ii) the amount of the limitation that is applicable
for a calendar year under section 5307(a)(1) of title
5, United States Code.
‘‘(B) EXCEPTIONAL PERFORMANCE.—Exceptional
performance under subparagraph (A) includes—
‘‘(i) leading a project team in a timely and efficient
licensing review to enable the safe use of nuclear technology;
‘‘(ii) making significant contributions to a timely
and efficient licensing review to enable the safe use
of nuclear technology;
‘‘(iii) the resolution of novel or first-of-a-kind regulatory
issues;
‘‘(iv) developing or implementing licensing or regulatory
oversight processes to improve the effectiveness
of the Commission; and
‘‘(v) other performance, as determined by the
Chairman.
‘‘(C) LIMITATIONS.—
‘‘(i) SUBSEQUENT BONUSES.—Any person who
receives a performance bonus under subparagraph (A)
may not receive another performance bonus under that
subparagraph for a period of 5 years thereafter.
‘‘(ii) HIRING BONUSES.—Any person who receives
a 1-time hiring bonus under paragraph (1) may not
Determination.
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138 STAT. 1474 PUBLIC LAW 118–67—JULY 9, 2024
receive a performance bonus under subparagraph (A)
unless more than one year has elapsed since the payment
of such 1-time hiring bonus.
‘‘(iii) NO BONUS FOR SENIOR EXECUTIVE SERVICE
POSITIONS.—No person serving in a Senior Executive
Service position, as defined in section 3132 of title
5, United States Code, may receive a performance
bonus under subparagraph (A).
‘‘(d) IMPLEMENTATION PLAN AND REPORT.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, the Chairman shall develop and
implement a plan to carry out this section. Before implementing
such plan, the Chairman shall submit to the Committee on
Energy and Commerce of the House of Representatives, the
Committee on Environment and Public Works of the Senate,
and the Office of Personnel Management a report on the details
of the plan.
‘‘(2) REPORT CONTENT.—The report submitted under paragraph
(1) shall include—
‘‘(A) evidence and supporting documentation justifying
the plan; and
‘‘(B) budgeting projections on costs and benefits
resulting from the plan.
‘‘(3) CONSULTATION.—The Chairman may consult with the
Office of Personnel Management, the Office of Management
and Budget, and the Comptroller General of the United States
in developing the plan under paragraph (1).
‘‘(e) DELEGATION.—The Chairman shall delegate, subject to the
direction and supervision of the Chairman, the authority provided
by subsections (a), (b), and (c) to the Executive Director for Operations
of the Commission.
‘‘(f) INFORMATION ON HIRING, VACANCIES, AND COMPENSATION.—
‘‘(1) IN GENERAL.—The Commission shall include in its
budget materials submitted in support of the budget of the
President (submitted to Congress pursuant to section 1105
of title 31, United States Code), for fiscal year 2026 and each
fiscal year thereafter, information relating to hiring, vacancies,
and compensation at the Commission.
‘‘(2) INCLUSIONS.—The information described in paragraph
(1) shall include—
‘‘(A) an analysis of any trends with respect to hiring,
vacancies, and compensation at the Commission;
‘‘(B) a description of the efforts to retain and attract
employees or other personnel to serve in covered positions
at the Commission;
‘‘(C) information that describes—
‘‘(i) how the authority provided by subsection (a)
is being used to address the hiring needs of the
Commission;
‘‘(ii) the total number of exceptionally well-qualified
individuals serving in—
‘‘(I) covered positions described in subsection
(g)(1) pursuant to subsection (a)(1)(A);
‘‘(II) covered positions described in subsection
(g)(2) pursuant to subsection (a)(1)(A);
Analysis.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1475
‘‘(III) term-limited covered positions described
in subsection (g)(1) pursuant to subsection
(a)(1)(B); and
‘‘(IV) term-limited covered positions described
in subsection (g)(2) pursuant to subsection
(a)(1)(B);
‘‘(iii) how the authority provided by subsection (b)
is being used to address the hiring or retention needs
of the Commission;
‘‘(iv) the total number of employees or other personnel
serving in a covered position that have their
compensation fixed pursuant to subsection (b); and
‘‘(v) the attrition levels with respect to term-limited
covered positions appointed under subsection (a)(1)(B),
including the number of individuals leaving a termlimited
covered position before completion of the
applicable term of service and the average length of
service for such individuals as a percentage of the
applicable term of service; and
‘‘(D) an assessment of—
‘‘(i) the current critical workforce needs of the
Commission and any critical workforce needs that the
Commission anticipates in the next five years; and
‘‘(ii) additional skillsets that are or likely will be
needed for the Commission to fulfill the licensing and
oversight responsibilities of the Commission.
‘‘(g) COVERED POSITION.—In this section, the term ‘covered position’
means—
‘‘(1) a position in which an employee or other personnel
is responsible for conducting work of a highly-specialized scientific,
technical, engineering, mathematical, or otherwise
skilled nature to address a critical licensing or regulatory oversight
need for the Commission; or
‘‘(2) a position that the Executive Director for Operations
of the Commission determines is necessary to fulfill the responsibilities
of the Commission in a timely, efficient, and effective
manner.
‘‘(h) SUNSET.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the authorities provided by subsections (a) and (b) shall terminate
on September 30, 2034.
‘‘(2) CERTIFICATION.—If, no later than the date referenced
in paragraph (1), the Commission issues a certification that
the authorities provided by subsection (a), subsection (b), or
both subsections are necessary for the Commission to carry
out its responsibilities and activities in a timely, efficient, and
effective manner, the authorities provided by the applicable
subsection shall terminate on September 30, 2039.
‘‘(3) COMPENSATION.—The termination of the authorities
provided by subsections (a) and (b) shall not affect the compensation
of an employee or other personnel serving in a covered
position whose compensation was fixed by the Chairman
in accordance with subsection (a) or (b).’’.
Definition.
Assessment.
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138 STAT. 1476 PUBLIC LAW 118–67—JULY 9, 2024
(2) TABLE OF CONTENTS.—The table of contents of the
Atomic Energy Act of 1954 is amended by inserting after the
item relating to section 161 the following:
‘‘Sec. 161A. Use of firearms by security personnel.
‘‘Sec. 161B. Commission workforce.’’.
(b) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—Not later
than September 30, 2033, the Comptroller General of the United
States shall submit to the Committee on Energy and Commerce
and the Committee on Oversight and Accountability of the House
of Representatives and the Committee on Environment and Public
Works and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that—
(1) evaluates the extent to which the authorities provided
under subsections (a), (b), and (c) of section 161B of the Atomic
Energy Act of 1954 (as added by this Act) have been utilized;
(2) describes the role in which the exceptionally well-qualified
individuals recruited and directly appointed pursuant to
section 161B(a) of the Atomic Energy Act of 1954 (as added
by this Act) have been utilized to support the licensing of
advanced nuclear reactors;
(3) assesses the effectiveness of the authorities provided
under subsections (a), (b), and (c) of section 161B of the Atomic
Energy Act of 1954 (as added by this Act) in helping the
Commission fulfill its mission;
(4) makes recommendations to improve the Commission’s
strategic workforce management; and
(5) makes recommendations with respect to whether Congress
should extend, enhance, modify, or discontinue the
authorities provided under subsections (a), (b), and (c) of section
161B of the Atomic Energy Act of 1954 (as added by this
Act).
(c) ANNUAL SOLICITATION FOR NUCLEAR REGULATOR
APPRENTICESHIP NETWORK APPLICATIONS.—The Commission, on an
annual basis, shall solicit applications for the Nuclear Regulator
Apprenticeship Network.
SEC. 503. COMMISSION CORPORATE SUPPORT FUNDING.
(a) REPORT.—Not later than 3 years 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 2025 and each fiscal
year thereafter.’’.
(c) CORPORATE SUPPORT COSTS CLARIFICATION.—Paragraph (10)
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—
Public
information.
42 USC 2201b
note.
Recommendations.
Recommendations.
Assessment.
Evaluation.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1477
(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. 504. PERFORMANCE METRICS AND MILESTONES.
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.’’.
SEC. 505. NUCLEAR LICENSING EFFICIENCY.
(a) OFFICE OF NUCLEAR REACTOR REGULATION.—Section 203
of the Energy Reorganization Act of 1974 (42 U.S.C. 5843) is
amended—
(1) in subsection (a), by striking ‘‘(a) There’’ and inserting
the following:
‘‘(a) ESTABLISHMENT; APPOINTMENT OF DIRECTOR.—There’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘(b) Subject’’ and inserting the following:
‘‘(b) FUNCTIONS OF DIRECTOR.—Subject’’; and
(ii) by striking ‘‘delegate including:’’ and inserting
‘‘delegate, including the following:’’; and
(B) in paragraph (3), by striking ‘‘for the discharge
of the’’ and inserting ‘‘to fulfill the licensing and regulatory
oversight’’;
(3) in subsection (c), by striking ‘‘(c) Nothing’’ and inserting
the following:
‘‘(d) RESPONSIBILITY FOR SAFE OPERATION OF FACILITIES.—
Nothing’’; and
(4) by inserting after subsection (b) the following:
‘‘(c) LICENSING PROCESS.—In carrying out the principal
licensing and regulation functions under subsection (b)(1), the
Director of Nuclear Reactor Regulation shall—
Deadline.
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138 STAT. 1478 PUBLIC LAW 118–67—JULY 9, 2024
‘‘(1) establish techniques and guidance for evaluating
applications for licenses for nuclear reactors to support efficient,
timely, and predictable reviews of applications for those licenses
to enable the safe and secure use of nuclear reactors;
‘‘(2) maintain the techniques and guidance established
under paragraph (1) by periodically assessing and, if necessary,
modifying those techniques and guidance; and
‘‘(3) obtain approval from the Commission if establishment
or modification of the techniques and guidance under paragraph
(1) or (2) involves policy formulation.’’.
(b) EFFICIENT LICENSING REVIEWS.—
(1) GENERAL.—Section 181 of the Atomic Energy Act of
1954 (42 U.S.C. 2231) is amended—
(A) by striking ‘‘The provisions of’’ and inserting the
following:
‘‘(a) IN GENERAL.—The provisions of’’; and
(B) by adding at the end the following:
‘‘(b) EFFICIENT LICENSING REVIEWS.—The Commission shall
provide for efficient and timely reviews and proceedings for the
granting, suspending, revoking, or amending of any—
‘‘(1) license or construction permit; or
‘‘(2) application to transfer control.’’.
(c) 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.’’.
SEC. 506. MODERNIZATION OF NUCLEAR REACTOR ENVIRONMENTAL
REVIEWS.
(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 on the efforts of the Commission
to facilitate efficient, timely, and predictable environmental
reviews of nuclear reactor applications for a license under section
103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133), including
through expanded use of categorical exclusions, environmental
assessments, and generic environmental impact statements.
(b) REPORT.—In completing the report under subsection (a),
the Commission shall—
(1) 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 (Public Law 118–5;
137 Stat. 38);
(2) consider—
(A) using, through adoption, incorporation by reference,
or other appropriate means, categorical exclusions, environmental
assessments, and environmental impact statements
Reports.
Assessments.
Assessments.
Guidance.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1479
prepared by other Federal agencies to streamline environmental
reviews of applications described in subsection (a)
by the Commission;
(B) using categorical exclusions, environmental assessments,
and environmental impact statements prepared by
the Commission to streamline environmental reviews of
applications described in subsection (a) by the Commission;
(C) using mitigated findings of no significant impact
in environmental reviews of applications described in subsection
(a) by the Commission to reduce the impact of
a proposed action to a level that is not significant;
(D) 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 applications described in subsection
(a) by the Commission;
(E) 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 applications described in subsection (a) by the
Commission;
(F) opportunities to streamline formal and informal
consultations and coordination with other Federal, State,
and local governmental permitting agencies during environmental
reviews of applications described in subsection (a)
by the Commission;
(G) opportunities to streamline the Commission’s analyses
of alternatives, including the Commission’s analysis
of alternative sites, in environmental reviews of applications
described in subsection (a) by the Commission;
(H) establishing new categorical exclusions that could
be applied to actions relating to new applications described
in subsection (a);
(I) 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 application described in subsection
(a), including in proceedings in which the Commission relies
on a generic environmental impact statement for advanced
nuclear reactors;
(J) 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));
(K) 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—
(i) the Commission and applicants; and
(ii) the Commission and other relevant cooperating
agencies; and
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138 STAT. 1480 PUBLIC LAW 118–67—JULY 9, 2024
(L) in addition to implementing measures under paragraph
(3), potential revisions to part 51 of title 10, Code
of Federal Regulations, and relevant Commission guidance
documents—
(i) to facilitate efficient, timely, and predictable
environmental reviews of applications described in subsection
(a);
(ii) to assist decision making about relevant
environmental issues;
(iii) to maintain openness with the public;
(iv) to meet obligations under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(v) to reduce burdens on licensees, applicants, and
the Commission; and
(3) include a schedule for promulgating a rule for any
measures considered by the Commission under subparagraphs
(A) through (K) of paragraph (2) that require a rulemaking.
SEC. 507. IMPROVING OVERSIGHT AND INSPECTION PROGRAMS.
(a) DEFINITION OF LICENSEE.—In this section, the term ‘‘licensee’’ means a person that holds a license issued under section 103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134).
(b) REPORT.—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 (42 U.S.C. 2011 et seq.) 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.
(c) STAKEHOLDER INPUT.—In developing the report under subsection (b), the Commission shall, as appropriate, seek input from—
- (1) other Federal regulatory agencies that conduct oversight and inspections;
- (2) the nuclear energy industry;
- (3) nongovernmental organizations; and
- (4) other public stakeholders.
(d) CONTENTS.—The report submitted under subsection (b) shall—
- (1) 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—
- (A) use of travel resources;
- (B) planning and preparation for inspections, including entrance and exit meetings with licensees;
- (C) 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; and
- (D) the cross-cutting issues program;
Assessments.
Schedule.
Regulations.
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PUBLIC LAW 118–67—JULY 9, 2024 138 STAT. 1481
(2) identify and assess measures to improve oversight and inspections, including—
- (A) elimination of areas of duplicative or otherwise unnecessary activities;
- (B) increased use of templates in documenting inspection results; and
- (C) periodic training of Commission staff and leadership on the application of risk-informed criteria for—
- (i) inspection planning and assessments;
- (ii) agency decision-making processes on the application of regulations and guidance; and
- (iii) the application of the Commission’s standard of reasonable assurance of adequate protection;
(3) assess measures to advance risk-informed procedures, including—
- (A) increased use of inspection approaches that balance the level of resources commensurate with safety significance;
- (B) increased review of the use of inspection program resources based on licensee performance;
- (C) expansion of modern information technology, including artificial intelligence and machine learning, to risk-inform oversight and inspection decisions; and
- (D) 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;
(4) assess the ability of the Commission, consistent with the mission of the Commission, 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;
(5) identify recommendations resulting from the assessments described in paragraphs (1) through (4);
(6) identify specific actions that the Commission may 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 paragraph (5); and
(7) describe when the actions identified under paragraph
(6) may be implemented.
TITLE VI—MISCELLANEOUS
SEC. 601. 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
Criteria.
Updates.
Review.
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138 STAT. 1482 PUBLIC LAW 118–67—JULY 9, 2024
LEGISLATIVE HISTORY—S. 870 (H.R. 4090):
HOUSE REPORTS: No. 118–177 (Comm. on Science, Space, and Technology) accompanying
H.R. 4090.
CONGRESSIONAL RECORD:
Vol. 169 (2023): Mar. 30, Apr. 18–20, considered and passed Senate.
Vol. 170 (2024): May 7, 8, considered and passed House, amended.
June 18, Senate concurred in House amendments.
Æ
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’’.
SEC. 602. REPORT ON ENGAGEMENT WITH THE GOVERNMENT OF
CANADA WITH RESPECT TO NUCLEAR WASTE ISSUES IN
THE GREAT LAKES BASIN.
Not later than 1 year after the date of enactment of this
Act, the Commission shall submit to the appropriate committees
of Congress, the Committee on Foreign Relations of the Senate,
the Committee on Energy and Natural Resources of the Senate,
and the Committee on Foreign Affairs of the House of Representatives
a report describing any engagement between the Commission
and the Government of Canada with respect to nuclear waste
issues in the Great Lakes Basin.
SEC. 603. SAVINGS CLAUSE.
Nothing in this Act affects authorities of the Department of
State.
Approved July 9, 2024.