Sec. 304. Modernizing the Nuclear Regulatory Commission

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Not later than 90 days after the date of enactment of this section, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that recommends how to improve the processes, procedures, and, if appropriate, regulations of the Commission with respect to licensing, certification, and approval of advanced nuclear reactors pursuant to the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). The report submitted under paragraph

(1)shall include recommendations to— improve, accelerate, and reduce the cost of all Commission actions with respect to licensing, certification, and approval of advanced nuclear reactors pursuant to the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ), including actions to improve compliance with section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ); emphasize risk-informed and performance-based regulatory approaches; and enable the Commission to finalize review of an application for certification of a design of an advanced nuclear reactor pursuant to the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) by not later than 2 years after the date on which such application is filed. In this subsection: The term advanced nuclear reactor has the meaning given such term in section 951(b)(1) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b)(1) ). The term Commission means the Nuclear Regulatory Commission. Not later than 18 months after the date of enactment of this section, the Comptroller General, in consultation with the Secretary, shall submit to Congress a report containing the results of a study on the feasibility and implications of repealing restrictions related to foreign ownership and control under sections 103 d. and 104 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) and 2134(d)). Not later than 18 months after the date of enactment of this section, the Comptroller General, in consultation with the Secretary, shall submit to Congress a report containing the results of a study on the estimated effect of eliminating the requirement under section 189 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239 ) to hold a hearing for uncontested applications. Section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ) is amended by adding at the end the following: In sections 182, 189, and 194, the term early site permit has the meaning given such term in section 52.1 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this subsection). . Section 182 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2232 ) is amended by adding at the end the following: With respect to an application for a construction permit, operating license, or combined construction permit and operating license, the Commission shall— undertake an expedited environmental review process and issue any draft environmental impact statements (as required pursuant to section 102(2)(C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) )) for the application not later than 12 months after the date on which the application is accepted for docketing; and complete the technical review process of the application, issue any safety evaluation reports, and issue any final environmental impact statements (as required pursuant to section 102(2)(C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) )) for the application not later than 24 months after the date on which the application is accepted for docketing. In reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a proposed production facility or utilization facility that is to be located at the site of a production facility or utilization facility for which an early site permit, construction permit, operating license, or combined construction permit and operating license has been issued, the Commission shall, to the extent practicable, use information that was part of the determination to issue the license for such production facility or utilization facility. . Chapter 16 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2231 et seq. ) is amended by adding at the end the following: Any environmental impact statement required pursuant to section 102(2)(C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) for purposes of issuing a construction permit, operating license, or combined construction permit and operating license for a production facility or utilization facility, for which an early site permit has been issued, shall be prepared as a supplement to the environmental impact statement prepared for such early site permit. A supplemental environmental impact statement prepared under subsection a. shall— incorporate by reference the analysis, findings, and conclusions from the environmental impact statement prepared for the applicable early site permit; and include additional discussion, analysis, findings, and conclusions on matters resolved in the early site permit proceeding only to the extent necessary to address information that— is new; and would materially change the prior findings or conclusions. . Section 189 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239 ) is amended— in subsection a.

(1)(B)— by striking clause (iv); and by redesignating clause

(v)as clause (iv); and by adding at the end the following: All hearings under this section shall be conducted using informal adjudicatory procedures, unless the Commission determines that formal adjudicatory procedures are necessary— to develop a sufficient record; or to achieve fairness. Notwithstanding any outstanding request for a hearing, the Commission shall issue and make immediately effective any early site permit, construction permit, operating license, or combined construction permit and operating license for a production facility or utilization facility upon the Commission’s finding that the application therefor satisfies the requirements of this Act. Following completion of any required hearing, the Commission shall take any appropriate action with respect to the early site permit, construction permit, operating license, or combined construction permit and operating license to the extent necessary to account for the decision in any such required hearing. . Section 193(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2243(b) ) is amended— by amending paragraph

(1)to read as follows: Upon a request for a hearing on the licensing of construction and operation of a uranium enrichment facility under sections 53 and 63, the Commission shall conduct a single adjudicatory hearing. ; and in paragraph (2), by striking Such hearing and inserting If a hearing is held under paragraph (1), the hearing . Section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133d .) is amended by striking or any any and inserting or any . There are authorized to be appropriated to carry out subsections (a), (b), and

(c)$20,000,000 for each of fiscal years 2021 through 2031, to remain available until expended. Any funds appropriated to carry out subsections (a), (b), and

(c)may not be recovered by the Commission through the collection of user fees from existing licensees.

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