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    © All Rights Reserved
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    137 views95 pages

    Capito Amendment FAA (1)

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    Capito Amendment FAA (1)

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    © All Rights Reserved
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    panaiin6 DXa Alitbey Mone AMENDMENT NO, Calendar No._ Purpose: To enhance United States civil nuclear leadership, support the licensing of advanced nuclear technologies, strengthen the domestic nuclear energy fuel eyele and supply chain, and improve the regulation of nuclear en- ory IN THE SENATE OF THE UNITED STATES—118th Cong. Ist Sess. AMENDMENT N: 1924 To ame she nd imp her « Referr oor set soz ma) AMENDMENT intended to be proposed by Mrs. Capiro (for herself, Mr. Carper, and Mr, Winrrsnovse) to the amendment (No. 1911) proposed by Ms. Cantwart (for herself, Mr. Crvz, Ms. Duckworr, and Mr, Morax) 1 At the appropriate place, insert the following: SEC. ___. ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED NUCLEAR FOR CLEAN ENERGY. (a) SHOR? TITLE.—This section may be cited as the for Clean Energy Act of 2024” or the “ADVANCE Act 2 3 4 5. “Accelerating Deployment of Versatile, Advanced Nuclear 6 7 of 2024”. 8 (b) DEFINITIONS. —In this section: Par: 25 176 DXB SLE 2 (1) ACCIDENT TOLERANT FUEL.—The term “accident tolerant fuel” has the meaning given the term in section 107(a) of the Nuclear Energy Imno- vation and Modernization Act (Public Law 115-439; 132 Stat. 5577). (2) ApwisistatoR—The term “Adminis: trator” means the Administrator of the Environ- mental Protection Ageney. (3) AD NCED NUCLEAR FUEL. — “advanced nuclear fuel” means— (A) advaneed nuelear reactor fuel; and (B) accident tolerant fuel (4) ADVANCED NUCLEAR REACTOR.—The term “advanced nuclear reactor” has the meaning given the term in section 8 of the Nuclear Energy Innova- tion and Modernization Act (42 U.S.C. 2215 not Public Law 115-439). (5) ADVANCED NUCLEAR REACTOR FUEL.—The term “advanced nuclear reactor fuel” has the mean- ing given the term in section 3 of the Nuclear En- ergy Imovation and Modernization Act (42 U.S.C. 2215 note; Public Law 115-439), (6) APPROPRIATE COMMITTEES: OF CoxGRESs—The term “appropriate committees of Congress” means— PAT24976 DN Cer ann ew 10 12 13 4 15 16 17 18 19 20 21 2 23 24 she 3 (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Energy and Com- mere of the House of Representatives. (7) Comatsstox.—The term “Commission” means the Nuclear Regulatory Commission. (8) INSTITUTION OF THGHER 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 “Na- tional Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (ec) INTERNATIONAL NUCLEAR EXPorT AND INNOVA- ‘TION ACTIVITIES — (1) Comission cooRDINATION.— (A) IN GENERAL.—The — Commission shall— (i) coordinate all work of the Commis- sion relating to— (1) import and export licensing for muclear reactors and radioactive materials; and PATLIBT7B DNS Secwrxranueuan i 13 14 15 16 17 18 19 20 21 22 23 25 She 4 (IL) international regulatory eo operation and assistance relating to nuclear reactors and radioactive mate- rials, including with countries that are members of = (aa) the Organisation for Economie Co-operation and De- velopment; or (bb) the Nuclear Ener Agence: (ii) support interageney and inter- md national coordination with respect to— (I) the consideration of inter- national technical standards to estab- lish the licensing and regulatory basis to assist the design, construction, and operation of nuclear reactors and use of radioactive materials; (I) efforts to help build com- petent nuclear regulatory organiza- tions and legal frameworks in foreign countries that are secking to develop civil nuclear industries; and (IT) exchange programs and training provided, in coordination with PATII76 DNS SLE. Cor AH AR wH 10 i 12 13 14 15 16 7 18 19 20 21 22 5 the Sceretary of State, to foreign countries relating to civil nuclear li- censing and oversight to improve the regulation of nuclear reactors and ra- dioactive materials, in accordance with subparagraph (B). (B) EXCTANGE PROGRAMS AND TRAIN- ING.—With respect to the exchange programs and training deseribed in subparagraph (A)(ii)(ILD, the Commission shall coordinate, as applicable, with— (i) the Secretary of Energy; (ii) the Seer ary of State; (iii) the National Laborator (ix) the private sector; and (~) institutions of higher edueation. (2) AUTHORITY TO ESTABLISH BRANCH.—The Commission may establish within the Office of Inter- national Programs a branch, to be known as the “International Nuclear Export and Innovation Branch”, to carry out the international melear ex- port and innovation activities deseribed in paragraph (1) as the Commission determines to be appropriate and within the mission of the Commission. PAT4976 D3 SLU 6 (3) Exe USION OF IN’ NATIONAL ACTIVITIES. FROM THE FEB BASB.— (A) IN GENERAL.—Section 102 of the Nu- clear Energy Innovation and Modernization Act (2 USC. 15) is amended— (i) in subsection (a), by adding at the end the following: “(4) INTERNATIONAL NUCLEAR EXPOWT AND INNOVATION ACTIVITTES—The Commission shall identify in the annual budget justification inter- national nuclear export and imovation activities de- seribed in subsection (c)(1) of the ADVANCE Act of 2024."; and (ii) in subseetion (b)(1)(B), by adding at the end the following: “(iv) Costs for international nuclear export and imovation activities described in subsection (¢)(1) of the ADVANCE Act of 2024, (B) EFFECTIVE DaTE.—The amendments made by subparagraph (A) shall take effect on October 1, 2025, The Com- SY COORDINATION- (4) Inveragi mission shall coordinate all international activities under this subsection with the Secretary of State, PAT4I76 DNS SLC SworcwmIyra nner wone i 13 14 15 16 17 18 19 20 21 22 23 24 25 NATIONAL SECURITY PURPOSES- 7 the Secretary of Energy, and other applicable agen- cies, as appropriate. (5) SAVINGS CLAU —Nothing in this sub- section alters the authority of the Commission to li- conse and regulate the civilian use of radioactive ma- terials. (d) DentaL oF Certain Dowestic Lice: (1) DEFINITION OF COVERED FUEL. Tn this subsection, the term “covered fuel” means iched uranium that is fabricated outside the United States into fuel assemblies for commercial nuclear power n entity that— reactors by (A) is owned or controlled by the Govern- ment of the Russian Federation or the Govern- ment of the People’s Republic of China; or (B) is organized under the laws of, or oth- erwise subject to the jurisdiction of, the Rus- sian Federation or the People's Republic of China. ON UNLICENSED POSSESSION (2) Prommrtioy OR OWNERSIIP OF COVERED FUBL.—Unless specifi- cally authorized by the Commission in a license issued under scetion 58 of the Atomie Bnergy Act of 1954 (42 U.S.C, 2073) and part 70 of title 10, Panais76 DXS she 8 1 Code of Federal Regulations (or suecessor regula- 2 tions), no person subject to the jurisdiction of the 3 Commission may possess or own covered fuel. 4 (3) LICENSE TO POSSESS OR OWN COVERED 5S FUEL 6 (A) CONSULTATION REQUIRED PRIOR TO 7 ISSUANCE.—The Commission shall not issue a 8 license to possess or own covered fuel under 9 section 53 of the Atomie Energy Act of 1954 10 (42 U.S.C. 2073) and part 70 of title 10, Code u of Federal Regulations (or successor regula- 12 tions), unless the Commission has first con- 13, sulted with the Sceretary of Energy and the 14 Sceretary of State before issuing the lieense. 15 (B) PRONTBITION ON ISSUANCE OF LI- 16 EB 7 (i) IN GENBRAL.—Subject to clause 18 (iii), a license to possess or own covered 19 fuel shall not be issued if the Secretary of 20 Energy and the Seeretary of State make 21 the determination described in clanse 22 (D(a). 23 (i) DereR Nation — 24 (I) IN GENERAL.—The deter- 25 mination referred to in clause (i) is a PAT 24376 DNS SLE 9 1 determination that possession or own- 2 cxship, as applicable, of covered fuck 3 (aa) poses a threat to the 4 national security of the United 5 States, including because of an 6 adverse impact on the physical 7 and economie security of the 8 United States; or 9 (bb) does not pose a threat 10 to the national security of the 1 United States. 12 (I) Joist DETERMINATION. 13 determination deseribed in subelause 14 (I) shall be jointly made by the Sec- 15, retary of Energy and the Sceretary of 16 State. 17 (IT) TreLINE.— 18 (aa) NOTICE OF APPLICA- 19 TION.—Not later than 30 day 20 after the date on whieh the Com- 2 mission reeeives an application 22 for a license to possess or own 23 covered fuel, the Commission 24 shall notify the Seerctary of En- PAT2I76 DXB. Cara ea wD 10 12 13 14 15 16 7 18 19 20 21 22 23 24 25 SLE. 10 ergy and the Sceretary of State of the application. (bb) DeTERMINATION.—The Sceretary of Energy and the See- retary of State shall have a pe- riod of 180 days, beginning on the date on which the Commis- sion notifies the Sceretary of En- ergy and the Sceretary of State under item (aa) of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I), (ce) COMMISSION NOTIFICA- TION—On making the deter- mination described in subelanse (1), the Sceretary of Energy and the Seeretary of State shall im- mediately notify the Commission. (dd) CONGRESSIONAL NoTI- FICATION.—Not later than 30 days after the date on which the Secretary of Energy and the See- retary of State notify the Com- PATRIITS DNS SLO ul 1 mission under item (ce), the 2 Commission shall notify the ap- 3 propriate committees of Con- 4 gress, the Committee on Foreign 5 Relations of the Senate, the 6 Committee on Energy and Nat- 7 ural Resourees of the Senate, 8 and the Committee on Foreign 9 Affairs of the House of Rep- 10 resentatives of the determination. u (ce) PUBLIC. NOTICE.—Not 12 later than 15 days after the date B ‘ on whieh the Commission notifies 14 Congress under item (dd) of a 15 determination made under sub- 16 clause (1), the Commission shall 17 make that determination publicly 18 available. 19 (ii) EFFECT OF NO DETERMIN, 20 TION—The Commission shall not issue a 21 license if the Sceretary of Energy and the 22 Seeretary of State have not made a deter- 23 mination described in clause (ii). 24 (4) Savines cLavss.—Nothing in this sub- 25 scetion alters any trea or international agreement PAT24I76 DNS SLC. 1 12 13 14 15 16 17 18 19 20 21 22 23 24 12 in effect on the date of enactment of this Act or that enters into force after the date of enactment of this Act. (c) Export LIcENSE NOTIFICATION. (1). DEFINITION OF LOW-ENRICITED URA- NIUA .—In this subscetion, the term “low-cnriched wwanium” means uranium enriched to less than 20 percent of the uranium-235 isotope (2) Norrriariox.—If the Commission, after consultation with the Secretary of State and any other relevant agencies, issues an export lieense for the transfer of any item described in paragraph (4) to a country deseribed in paragraph (3), the Com- mission 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 For- cign Mfairs of the House of Representatives. (3) COUNTRIES DESCRIRED.—A country re- ferred to in paragraph (2) is a country that— (A) has not concluded and ratified an Ad- ditional Protocol to its safeguards agreement with the International Atomic Energy Agency or PATLABTH DNS SL 1B 1 (B) has not ratified or aceeded to the 2 amendment to the Convention on the Physical 3 Protection of Nuclear Material, adopted at Vi- 4 enna October 26, 1979, and opened for signa- 5 ture at New York March 3, 1980 (TLAS 6 11080), described in the information cireular of 7 the International Atomie Energy Ageney num- 8 bered INFCIRC/274/Rev.1/Mod.1 and dated 9 May 9, 2016 (TIAS 16-508). 10 (4) ITEMS DESCRIBED.—An item referred to in ul paragraph (2) inehides— 12 (A) unirradiated nuclear fuel containing 13 special nuclear material (as defined in section 14 11 of the Atomic Energy Act of 1954 (42 15 U.S.C. 2014)), excluding low-enriched uranium; 16 (B) a mclear reactor that uses nuclear 17 fuel described in subparagraph (A); and 18 (C) any plant or component listed in Ap- 19 pendix I to part 110 of title 10, Code of Fed- 20 cral. Regulations (or successor regulations), that 21 is involved in— 22 (i) the reprocessing of irradiated nu- 23 clear reactor fuel elements; 24 (ii) the separation of plutonium; or PAT24376 DN 5 SLE. 14 ti 238 isotope. ) the separation of the uranium- (f) GLopat NUCLEAR ENERGY ASSESSMEN'T.— (1) Srupy REQUIRED—Not later than 1 year after the date of enactment of this Act, the Sec- retary of Energy, in consultation with the Sceretary of State, the Secretary of Commeree, the Adminis- trator of the Environmental Protection Ageney, and the Commission, shall conduct a study on the global status of— (A) the civilian nuclear energy industry; and (B) the supply chains of the civilian m- clear energy industry, (2) CoNTENTS.—The study conducted under paragraph (1) shall inelude— (A) information on the status of the civil- ian nuclear energy industry, the long-term risks to that industry, and the bases for those risks; (B) information on how the use of the ci- vilian nuclear energy industry, relative to other types of energy industries, ean reduce the emis- sion of criteria pollutants and carbon dioxide; PAT2476 DN 15 (C) information on the role the United States civilian nuclear energy industry plays in United States foreign poliey; (D) information on the importance of the Vnited States civilian nuclear energy industry to countries that are allied to the United States; (E) information on how the United States may collaborate with those countries in devel- oping, deploying, and investing in nuclear tech: nology; (F) information on how foreign countries use uclear energy when crafting and imple: menting their own foreign poliey, inelading such use by foreign countrics that are strategie eom- petitors; (G) an evaluation of how nuclear nou proliferation ands rarity efforts and muclear energy safety are affected by the involvement of the United States in— (i) international markets; and (ii) setting civilian nuelear energy in- dustry standards; (F) an evaluation of how industries in the United States, other than the civilian nuclear 24376 DNS SLE. 16 cnergy industry, benefit from the generation of electricity by nuclear power plants; (1) information on utilities and companies in the United States that are involved in the ei- villan nuclear energy supply chain, ine nding, with respect to those utilities and companies— (i) financial challenges; (ii) nuclear liability issues; (iil) foreign strategie competition; and Gv) risks to continued operation; and (J) recommendations for how the United States may— (i) develop a national strategy to in- crease the role that nuclear energy plays in diplomacy and strategie energy poliey; (ii) develop a strategy to mitigate for- cign competitor's utilization of their eivile Han nuclear energy industries in diplomacy; Gi) align the nuclear energy poliey of the United States with national security objectives; and (iv) modernize regulatory require- ments to strengthen the United States ci- vilian nuclear energy supply chain, PAT2I376 DND SLO. Part 810 GENERALLY AUTHORIZED DESTINATIONS 17 (3) REPORT TO CONGRESS—Not later than 180 days after the study under paragraph (1) is completed, the Secretary of Energy shall submit to the appropriate committees of Congress the study, including a classified annex, if necessary. (g) PRocess FOR REVIEW AND AME: DMENT OF (1) IDENTIFICATION AND EVALUATION OF FAC- TORS.—Not later than 90 days after the date of en- actment of this Act, the Seerctary of Energy, with the coneurrence of the Seeretary of State, shall iden- tify and evaluate factors, other than agreements for cooperation entered into in accordance with section 123 of the Atomie Energy Act of 1954 (42 U.S.C. 2153), that may be used to determine a coun generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and to list such country as a generally authorized destina- tion in Appendix A to part 810 of title 10, Code of Federal Regulations, (2) Process UppaTe—The Sceretary of En- ergy 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 Regula- PATLINT6 DNS. 18 1 tions, and for listing such country as a generally an- thorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations, taking into consideration and, as appropriate, incorporating fac- tors identified and evaluated under paragraph (1). Not later than one 2 3 4 5 6 (3) REVISIONS TO_LIST- 7 year after the date of enactment of this Act, and at 8 least once every 5 years thereafter, the Seeretary of 9 Energy shall, in accordance with any process up- 0 dated pursuant to this subsection, review the list in ul Appendix A to part 810 of title 10, Code of Federal 12 Regulations, and amend sueh list as appropriate. 13 (b) Fees ror Apvancep Nuctgar Reactor Av- 14 pLication Revinw.— 15 (1) DEFIxrrions.—Scetion 3 of the Nuclear 16 Energy Innovation and Modernization Act (42 17 U.S.C. 2215 note; Public Law 115-439) is amend- 1 ed— 19 (A) by redesignating paragraphs (2) 20 through (15) as paragraphs (3), (6), (7), (8), 2 (9), (10), (12), (15), (16), (17), (18), (19), 22 (20), and (21), respeetively; 23 (B) by inserting after paragraph (1) the 24 following: PAT24376 DNS SLC Cmdr nner wn = 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 19 “(2) ADVANCED NUCLEAR REACTOR APPLI- —The term ‘advanced nuclear reactor appli- cant’ means an entity that has submitted to the Commission an application for a license for an ad- vanced nuclear reactor under the Atomie Energy Act of 1954 (42 U.S.C. 2011 et seq,)."s (C) by inserting after paragraph (3) (as so redesignated) the following: “(4) ADVANCED NUCLEAR REACTOR PRE-APPLI- CANT.—The term ‘advanced nuclear reactor pre-ap- plicant’ 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 En- ergy Act of 1954 (42 U.S.C. 2011 et seq.). “(5) AGENcy suPPoRT—The term ‘ageney support’ has the meaning given the term ‘agency support (corporate support and the 1G)’ in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation).”; (D) by inserting after paragraph (10) (as so redesignated) the following: “(11) HOURLY RATE FOR MISSION-DIRECT PRO- GRAM SALATIES AND BENBFITS—The term ‘hourly PATRIITG DXS SLC. 20 1 rate for mission-direet program salaries and bene- 2 fits’ means the quotient obtained by dividing — 3 “(\) the full-time equivalent rate (within 4 the meaning of the document of the Commis- 5 sion entitled ‘FY 2023 Final Fee Rule Work 6 Papers’ (or a suecessor document) for mission- 7 dircet: program salaries and benefits for a fiscal 8 year; by 9 “(B) the productive hours assumption for 10 that fiscal year, determined in accordance with ine the formula established in the document re- 12 ferred to in subparagraph (A) (or a successor 13 doeument)."; and 14 (8) by inserting after paragraph (12) (as 15 so redesignated) the following: 16 “(13) MISSION-DIRECT PROGRAM SALARIES 17 AND BENEFITS—The term ‘mission-direct program 18 salaries and benefits’ means the resourees of the 19 Commission that are allocated to the Nuclear Reae- 20 tor Safety Program (as determined by the Commis- 21 sion) to perform core work activities committed to 22 fulfilling the mission of the Commission, as de- 23 seribed in the document of the Commission entitled 24 ‘FY 2023 Final Fee Rule Work Papers’ (or a sue- 25 cessor document). PAT24376 DNS SLE. Corda nr wD 10 2 13 4 15 16 17 18 19 20 21 22 23 24 25 21 “(14) M (ON-INDIRECT PROGRAM SUPPORT.— ‘The term ‘mission-indireet program support” has the meaning given the term in section 170.3 of title 10, Code of Federal Regulations (or any successor regu- lation).”. ction (2) EXcnepED ACTIVITIES 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act (42 U.S.C, 2215(b)(1)(B)) (as amended by subsection (c)(3)(A)(i)) is amended by adding at the end the following: “(v) The total costs of mission-indi- rect program support and ageney support that, under paragraph (2)(B), may not be inchided in the hourly rate charged for fees assessed and collected from advanced nu- clear reactor applicants. “(vi) The total costs of mission-indi- rect program support and ageney support that, under paragraph (2)(C), may not be inchided in the hourly rate charged for fees assessed and collected from advanced nu- clear reactor pre-applieants.”. (3) FRES POR SERVICE OR THING OF VALUE. — Section 102(b) of the Nuclear Energy Imovation and Modernization Act (42 U.S.C. 2215(b)) is PAT24I76 DNS SL. 22 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 serviee or thing of value “(B) ADVANCED NUCLEAR REACTOR AP- PLICAN’ —The hourly rate charged for fees assessed and collected from an advanced me clear reactor applicant under this paragraph re- lating to the review of a submitted application deseribed in section 3(1) may not exceed the hourly rate for mission-divect program salaries and benefits. “(C) Any. XCED NUCLEAR REACTOR PRE+ APPLICANTS.—The hourly rate charged for fees assessed and collected from an advanced nu- clear reactor pre-applicant under this para- graph relating to the review of submitted mate- rials as deseribed in the licensing project plan PAT24376 DNS SLC. 3 1 of an advanced melear reactor pre-applicant may not exeeed the hourly rate for mission-di- reet program salaries and benetits. (4) SUNSE?.—Scetion 102 of the Nuclear En- .C. 15) is amended by adding at the end the fol- 2 3 4 5 ergy Innovation and Modernization Act (42. U. 6 7 towing: 8 “(g) CESSATION OF EFFECTIVENES:! 9 (1)(B)(vi) and (2)(C) of subsection (b) shall cease to be —Paragraphs 10 effective on September 30, 2030.” IL (5) Errective paTe.—The amendments made 12 by this subsection shall take effect on October 1, 13 2025, 14 (i) ADVANCED NUCLEAR REACTOR PRIZES.—Section 15. 103 of the Nuclear Energy Imovation and Modernization 16 Act (Publie Law 115-439; 132 Stat. 5571) is amended 17 by adding at the end the following: 18 “(f) PRIZES FOR ADVANCED NUCLEAR REACTOR Li- 19 CENSING.— 20 (1) DEFINITION OF ELIGIBLE. ENTITY —In 21 this subsection, the term ‘eligible entity’ means— 2 “(A) a non-Federal entity; and 23 “(B) the Tennessee Valley Authority. 24 “(2) PRIZE FOR ADVANCED NUCLEAR REACTOR, 25 LICENSIN PAT2376 DNS SLE. “(A) IN GENERALY Notwithstanding see- tion 169 of the Atomie Energy Act of 1954 (42 U.S.C, 2209) and subject to the availability of appropriations, the Seeretary is authorized to make, with respect to cach award eategory de- scribed in subparagraph (C), an award in an amount described in subparagraph (B) to the first cligible entit “G) to which the Commission issues an operating license for an advaneed nm clear reactor under part 50 of title 10, Code of Federal Regulations (or suecessor regulations), for which an application has not been approved by the Commis ion as of the date of enactment of this subsection; or “Gi) for which the Commission makes a finding deseribed in scetion 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), with respect to a combined license for an advanced nuclear “(1) that is issued under subpart C of part 52 of that title (or suecessor regulations); and PAT2A376 DNS Caer nannar won 10 u 12 1B 14 15 16 7 18 19 20 21 22 23 24 25 SLE. “(ID) for which an application has not been approved by the Com- mission 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 col- lected under section 102(b)(2) from the cligible entit reeciving the award for costs relating to the issnance of the license described in that subparagraph, including, as applicable, costs re- lating to the issuance of an associated construe- ion 50.23 of title tion permit deseribed in. se 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 of that title (or successor regula tions) (©) AWARD CATEGORIES —An award under subparagraph (A) may be made for— “(i) the first advanced nuclear reactor for which the Commission— “(1) issues a license in aecord- ance with clause (i) of subparagraph (A); or PAT24376 DNS. Cera au aw DH 10 aay 12 13 14 15 16 7 18 19 20 21 22 23 24 SLO. 26 “(I) makes a finding in aecord- ance with clause (ii) of that subpara- graph; “Gi) an advanced nuclear ri that— “(D) uses isotopes derived from spent nuelear fuel (as defined in see- tion 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101) or depleted uranium as fuel for the ad- vanced nuclear reactor; and “(ID is the first advanced nu- clear reactor described in subclanse (D) for which the Commission— “(aa) issues a lieense in ac- cordance with clause (i) of sub- paragraph (A); or “(hb) makes a finding in ac- cordance with clause (ii) of that subparagraph; “(ii) an advanced nuclear reactor that— “(I) is a nuclear integrated en- orgy system— PAT2ISTS DNS. Com w a wr wD 10 u 12 13 14 15 16 17 18 19 20 21 2 23 24 She. 27 “(aa) that is composed of 2 or more co-loeated or jointly op- crated subsystems of energy gen- eration, energy storage, or other technologies; “(bb) in which not fewer than 1 subsystem described in ‘item (aa) is a nuclear energ ys tem; and “(ce) the purpose of which “(AA) to reduee green- house gas emissions in both the power and nonpower see- tors; and “(BB) to maximize en- ergy production and. effi- ciency; and “(II) is the first advanced nu- clear reactor described in subelause (1) for which the Commission— “(aa) issues a license in ac- cordance with clause (i) of sub- paragraph (A); or PAT2I376 DNS i 12 13 14 15 16 7 18 19 20 2 22 23 24 25 she. 28 “(bb) makes a finding in ae- cordance with clause (ii) of that subparagraph; “(iv) an advanced reaetor that— “(1) operates flexibly to generate clectricity or high temperature process heat for noneleetrie applications; and “(ID is the first advanced m- clear reactor described in subclause (1) for whieh the Commission— “(aa) issues a lieense in ac- cordanee with clause (i) of sub- paragraph (A); or “(bb) makes a finding in ae- cordance with clause (ii) of that subparagraph; and “(y) the first advanced melear reactor for which the Commission grants approval to load nuclear fuel pursuant to the tech- nology-inchisive regulatory framework es- tablished under subseetion (a)(4) “(3) FEDERAL FUNDING LIMITATIONS. — “(\) EXCLUSION OF TVA FUNDS—In this paragraph, the term ‘Federal funds’ does not include funds received under the power program PAT24376 DXB SLE. 29 of the Tennessee Valley Authority established pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.). “(B) LIMIraTIoN ON AMOU: EX: PENDED.—An award under this subsection shall not exceed the total amount expended (ex- chiding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share re- quired under section 988 of the Energy Policy C, 16352)) by the eligible Act of 2005 (42 U entity receiving the award for licensing costs re- lating to the project for which the award is made, “(C) REPAYMENT AND. DIVIDED Not RE gumsn.—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 subscetion 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.” PAT2376 DNS SLE. 30 (G CONSIDERATIONS RELATING TO UsE (Gj) Licensi oF NucLeak ENERGY FOR NONELECTRIC APPLICA- TIONS.— (1) IN GBNERAL—Not later than 270 days after the date of enactment of this Act, the Commis- sion shall submit to the appropriate committees of Congress a report addressing any unique licensing issues or requirements relating to— (A) the flexible operation of advaneed nu- clear reactors, such as ramping power output and switehing between electricity generation and noneleetrie applications; (B) the use of advanced nuclear reactors exclusively for nonelectric applications; and (C) the colocation of nuclear reactors with industrial plants or other facilities, (2) STAKEHOLDER IPUT—In developing the sion shall report under paragraph (1), the Commis seek input from— (A) the Sceretary of Energy; (B) the nuclear energy industry; (C) technology developers; (D) the industrial, chemical, and medical sectors; (2) nongovernmental organizations; and Sc. 31 (B) other public stakeholders. (3) ContEyrs— (A) Ix Gi SERAL.—The report under para- graph (1) shall deseribe— (i) any wmique licensing issues or re- quirements relating to the matters de- seribed in subparagraphs (A) through (C) of paragraph (1), including, with respeet to the nonelectrie applications referred to in subparagraphs (A) and (B) of that para- graph, any licensing issues or requirements relating to the use of nuclear energy— (D) for hydrogen or other liquid and gascous fuel or chemical produe- tion; (II) for water desalination and wastewater treatment; (11) for heat used for industrial processes; (IV) for district heating; (V) in relation to energy storage; (VI) for industrial or medical iso- tope production; and (VI) for other applications, as identified by the Commission; PAT2I976 DNS SLC. Rew oa aw i 12 13 14 15 16 17 18 19 20 21 22 23 4 32 (ii) options for addressing those issues or requirements— (1) within the existing regulatory framework; (11) as part of the technology-in- clusive regulatory framework required under subseetion (a)(4) of section 103 of the Nuclear Energy Imovation and Modernization Act (42 U.S.C, 2138 note; Publie Law 115-439); or (IU) through a new rulemaking; and ii) the extent to which Commission action is needed to implement any matter described in the report. (B) Cost ESTIMATES, BUDGETS, AND ‘TIMEPRAMES. ‘The report shall include cost es timates, proposed budgets, and proposed time- frames for implementing risk-informed and per- formance-based regulatory guidance in the li- censing of nuclear reactors for noneleetrie appli- cations. (k) ENABLING PREPARATIONS FOR THE DEM- ONSTRATION OF ADVANCED NUCLEAR REACTORS ON DE- PATIII76 DNS SLC 33, 1 PARTMENT OF ENERGY SITES OR CRITICAL NATIONAL 2) SecuRITY INFRASTRUCTURE SITES. — 3 (1) IN GeNERAL.—Seetion 102(b)(1)(B) of the 4 Nuclear Energy Imovation and Modernization Act 5 (42 U.S.C, 2215(b)(1)(B)) (as amended by sub- 6 section (h)(2)) is amended by adding at the end the 7 following: 8 “(vii) Costs for— 9 “(D) activities to review and ap- 10 prove or disapprove an application for u an early site permit (as defined in sec- 12 tion 52.1 of title 10, Code of Federal 13 Regulations (or any successor regula- 14, tion)) to demonstrate an advanced nu- 15 clear reactor on a Department of En- 16 ergy site or critical national security 17 infrastructure (as defined in section 18 327(d) of the John S. MeCain Ne- 19 tional Defense Authorization Act for 20 Fiseal Year 2019 (Publie Law 115- 21 232; 132 Stat. 1722)) site; and 22 “(ID) pre-application aetivities re- 23 lating to an carly site permit (as de- 24 fined in section 52.1 of title 10, Code 25 of Federal Regulations (or any sue- PAT24376 DNS Sear aunrvn SLE. 34 cessor regulation)) to demonstrate an advanced nuclear reactor on a Depart- ment of Energy site or critical na- tional security infrastructure (as de- fined in section 327(d) of the John 8. McCain National Defense Authoriza- tion Act for Fiscal Year 2019 (Public Taw 115-2) 132 Stat. 1722)) site”. (2) Errsctive pate.—The amendment made 11 by paragraph (1) shall take effect on October 1, 12 2025. 13 (1) Fuston ENERGY REGULATION. — 14 (1) Derriric Section 11 of the Atomic 15 Energy Act of 1954 (42 U.S.C. 2014) is amended— 16 (A) in subsection ¢,— 7 (i) in paragraph (3)(B)— 18, (1) in clause (i), by inserting “, 19 including by use of a fasion machine” 20 after “particle accelerator’; and 21 (II) in clause (ii), by inserting “if 22 made radioactive by use of a particle 23 accelerator that is not a fusion ma- 24 chine,” before “is produced”; PAT24376 DNS S10, ey Aw eond 9 10 u 12 13 14 15 16 7 18 19 20 21 22 23 24 25 35 (B) in each of subsections ce, through hh., by inserting a subsection heading, the text of which comprises the term defined in the sub- section; (C) by redesignating subsections ce., 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; (D) in subscetion dd., by striking “ad. The” and inserting the following: “ee. HIGH-LEVEL RapIoacTIVE WasTE; SPENT Nu- cbeaR FveL.—The"; and (E) by inserting after subseetion ee. the following: “dd. Fusion Mactng. 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) direetly capturing and using the resultant products, including particles, heat, or other cleetro- magnetic radiation.”. (2) TECHNICAL AND CONFORMING CITANGES. (A) IN GENERAL.—Section 103(a) of the Nuclear Energy Innovation and Modernization PATL376 DNS SLE. re a) 10 ul 12 13 14 15 16 17 18 19 20 21 22 23 24 36 (. 213 Act (42 U. note; Publie Law 115- 439) is amended— (i) in paragraph (4), by striking “in- elusive,” and in Gi) in paragraph (5)(B)(i), by insert- ing “(ineluding frsion machine license ap- plications)” after “commercial advanced mnelear reactor license application (B) DEFINITIONS.—Section 3 of the Ni clear Energy Innovation and Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) (as amended by subscetion (h)(1)) is amend- eds (i) in paragraph (1), in the matter preceding subparagraph (A), by striking “or fusion reactor” and inserting or fusion machine”; (ii) by redesignating paragraphs (11) through (21) as paragraphs (12) through (22), respectively; and (iii) by inserting after paragraph (10) the following: “(11) FUSION MACHINE.—The term ‘fusion machine’ has the meaning given the term in section PAT24376 DNS SLC. BT 1 11 of the Atomic Energy Act of 1954 (42 U.S.C, 2 2014).”. 3 (3) REPoRT.— 4

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