Sec. 8141. Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy

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This section may be cited as the or the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2023 . ADVANCE Act of 2023 In this section: 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). The term Administrator means the Administrator of the Environmental Protection Agency. The term advanced nuclear fuel means— advanced nuclear reactor fuel; and accident tolerant fuel.

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 ). 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 ). C ongress The term appropriate committees of Congress means— the Committee on Environment and Public Works of the Senate; and the Committee on Energy and Commerce of the House of Representatives.

The term Commission means the Nuclear Regulatory Commission. 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) ). 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 ). The Commission shall— coordinate all work of the Commission relating to— nuclear reactor import and export licensing; and international regulatory cooperation and assistance relating to nuclear reactors, including with countries that are members of— the Organisation for Economic Co-operation and Development; or the Nuclear Energy Agency; and support interagency and international coordination with respect to— the consideration of international technical standards to establish the licensing and regulatory basis to assist the design, construction, and operation of nuclear systems; efforts to help build competent nuclear regulatory organizations and legal frameworks in countries seeking to develop nuclear power; and exchange programs and training provided, in coordination with the Secretary of State, to other countries relating to nuclear regulation and oversight to improve nuclear technology licensing, in accordance with subparagraph (B).

With respect to the exchange programs and training described in subparagraph (A)(ii)(III), the Commission shall coordinate, as applicable, with— the Secretary of Energy; the Secretary of State; National Laboratories; the private sector; and institutions of higher education. The Commission may establish within the Office of International Programs a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out such international nuclear reactor export and innovation activities as the Commission determines to be appropriate and within the mission of the Commission.

Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— in subsection (a), by adding at the end the following: The Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in subsection (c)(1) of the ADVANCE Act of 2023 . ; and in subsection (b)(1)(B), by adding at the end the following: Costs for international nuclear reactor export and innovation activities described in subsection (c)(1) of the ADVANCE Act of 2023 . .

The amendments made by subparagraph

(A)shall take effect on October 1, 2024. The Commission shall coordinate all international activities under this subsection with the Secretary of State and other applicable agencies, as appropriate. Nothing in this subsection alters the authority of the Commission to license and regulate the civilian use of radioactive materials. In this subsection, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. 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. 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. Subject to clause (iii), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in clause (ii)(I)(aa). The determination referred to in clause

(i)is a determination that possession or ownership, as applicable, of covered fuel— poses a threat to the national security of the United States, including because of an adverse impact on the physical and economic security of the United States; or does not pose a threat to the national security of the United States. A determination described in subclause

(I)shall be jointly made by the Secretary of Energy and the Secretary of State. 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. The Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under item

(aa)of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I). On making the determination described in subclause (I), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. Not later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under item (cc), the Commission shall notify the appropriate committees of Congress, 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. Not later than 15 days after the date on which the Commission notifies Congress under item

(dd)of a determination made under subclause (I), the Commission shall make that determination publicly available. The Commission shall not issue a license if the Secretary of Energy and the Secretary of State have not made a determination described in clause (ii). Nothing in this subsection 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. In this subsection, the term low-enriched uranium means uranium enriched to less than 20 percent of the uranium-235 isotope. The Commission shall not issue an export license for the transfer of any item described in paragraph

(4)to a country described in paragraph

(3)unless the Commission, in consultation with the Secretary of State and any other relevant agencies, makes a determination that such transfer will not be inimical to the common defense and security of the United States. A country referred to in paragraph

(2)is a country that— has not concluded and ratified an Additional Protocol to its safeguards agreement with the International Atomic Energy Agency; or 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). An item referred to in paragraph

(2)includes— 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; a nuclear reactor that uses nuclear fuel described in subparagraph (A); and 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— the reprocessing of irradiated nuclear reactor fuel elements; the separation of plutonium; or the separation of the uranium-233 isotope. If the Commission, in consultation with the Secretary of State and any other relevant agencies, makes a determination, in accordance with applicable laws and regulations, under paragraph

(2)that the transfer of any item described in paragraph

(4)to a country described in paragraph

(3)will not be inimical to the common defense and security of the United States, 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. Section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) is amended— by redesignating paragraphs

(2)through

(15)as paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16), (17), (18), (19), (20), and (21), respectively; by inserting after paragraph

(1)the following: The term advanced nuclear reactor applicant means an entity that has submitted to the Commission an application to receive a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). ; by inserting after paragraph

(3)(as so redesignated) the following: 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 to receive a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). The term agency support means the resources of the Commission that are located in executive, administrative, and other support offices of the Commission, as described in the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document). ; by inserting after paragraph

(10)(as so redesignated) the following: The term hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program means the quotient obtained by dividing— 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 the Nuclear Reactor Safety Program (as determined by the Commission) for a fiscal year; by 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 by inserting after paragraph

(12)(as so redesignated) the following: The term mission-direct program salaries and benefits for the Nuclear Reactor Safety Program 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). The term mission-indirect program support means the resources of the Commission that support the core mission-direct activities for the Nuclear Reactor Safety Program of the Commission (as determined by the Commission), as described in the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document). . Section 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)(ii)) is amended by adding at the end the following: 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 to advanced nuclear reactor applicants. 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 to advanced nuclear reactor pre-applicants. . 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: 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. The hourly rate charged for fees assessed to advanced nuclear reactor applicants under this paragraph relating to the review of a submitted application described in section 3(1) shall not exceed the hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program. The hourly rate charged for fees assessed to advanced nuclear reactor pre-applicants under this paragraph relating to the review of submitted materials as described in the licensing project plan of an advanced nuclear reactor pre-applicant shall not exceed the hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program. . Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended by adding at the end the following: Paragraphs (1)(B)(vi) and (2)(C) of subsection

(b)shall cease to be effective on September 30, 2029. . The amendments made by this subsection shall take effect on October 1, 2024. 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: In this subsection, the term eligible entity means— a non-Federal entity; and the Tennessee Valley Authority. 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— 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 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— that is issued under subpart C of part 52 of that title (or successor regulations); and for which an application has not been approved by the Commission as of the date of enactment of this subsection. 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)). An award under subparagraph

(A)may be made for— the first advanced nuclear reactor for which the Commission— issues a license in accordance with clause

(i)of subparagraph (A); or makes a finding in accordance with clause

(ii)of that subparagraph; an advanced nuclear reactor that— uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )) or depleted uranium as fuel for the advanced nuclear reactor; and is the first advanced nuclear reactor described in subclause

(I)for which the Commission— issues a license in accordance with clause

(i)of subparagraph (A); or makes a finding in accordance with clause

(ii)of that subparagraph; an advanced nuclear reactor that— is a nuclear integrated energy system— that is composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies; in which not fewer than 1 subsystem described in item

(aa)is a nuclear energy system; and the purpose of which is— to reduce greenhouse gas emissions in both the power and nonpower sectors; and to maximize energy production and efficiency; and is the first advanced nuclear reactor described in subclause

(I)for which the Commission— issues a license in accordance with clause

(i)of subparagraph (A); or makes a finding in accordance with clause

(ii)of that subparagraph; an advanced reactor that— operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and is the first advanced nuclear reactor described in subclause

(I)for which the Commission— issues a license in accordance with clause

(i)of subparagraph (A); or makes a finding in accordance with clause

(ii)of that subparagraph; and 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). In this paragraph, the term Federal funds does not include funds received under the power program of the Tennessee Valley Authority. 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 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. 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— to repay that award or any part of that award; or to pay a dividend, interest, or other similar payment based on the sum of that award. . 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 (referred to in this subsection as the report ) addressing any unique licensing issues or requirements relating to— the flexible operation of nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; the use of advanced nuclear reactors exclusively for nonelectric applications; and the colocation of nuclear reactors with industrial plants or other facilities. In developing the report, the Commission shall seek input from— the Secretary of Energy; the nuclear energy industry; technology developers; the industrial, chemical, and medical sectors; nongovernmental organizations; and other public stakeholders. The report shall describe— any unique licensing issues or requirements relating to the matters described in subparagraphs

(A)through

(C)of paragraph (1), including, with respect to the nonelectric applications referred to in subparagraphs

(A)and

(B)of that paragraph, any licensing issues or requirements relating to the use of nuclear energy in— hydrogen or other liquid and gaseous fuel or chemical production; water desalination and wastewater treatment; heat for industrial processes; district heating; energy storage; industrial or medical isotope production; and other applications, as identified by the Commission; options for addressing those issues or requirements— within the existing regulatory framework of the Commission; 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 described in the report required under subsection

(e)of that section ( Public Law 115–439 ; 132 Stat. 5575); or through a new rulemaking; and the extent to which Commission action is needed to implement any matter described in the report. 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. Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) (as amended by subsection (f)(2)) is amended by adding at the end the following: Costs for— 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 a 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 pre-application activities relating to an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a 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. . The amendment made by paragraph

(1)shall take effect on October 1, 2024. Section 103(a)(4) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) is amended— by striking Not later and inserting the following: Not later ; and by adding at the end the following: For purposes of subparagraph (A), the term advanced reactor applicant does not include an applicant seeking a license for a fusion reactor. . 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 ). 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 ). 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. 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 ). 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 timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites. In carrying out subparagraph (A), the Commission shall consider how licensing reviews for production facilities or utilization facilities at brownfield sites may be expedited by considering matters relating to siting and operating a production facility or a utilization facility at or near a retired fossil fuel site to support— the reuse of existing site infrastructure, including— electric switchyard components and transmission infrastructure; heat-sink components; steam cycle components; roads; railroad access; and water availability; the use of early site permits; the utilization of plant parameter envelopes or similar standardized site parameters on a portion of a larger site; and the use of a standardized application for similar sites. 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 subparagraph (A). Not later than 2 years after the date of enactment of this Act, the Commission shall— develop and implement strategies to enable timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites; or initiate a rulemaking to enable timely licensing reviews for, and to support the oversight of, of production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites. In carrying out subparagraph (A), consistent with the mission of the Commission, the Commission shall consider matters relating to— the use of existing site infrastructure; existing emergency preparedness organizations and planning; the availability of historical site-specific environmental data; previously approved environmental reviews required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); activities associated with the potential decommissioning of facilities or decontamination and remediation at brownfield sites; and community engagement and historical experience with energy production. 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 paragraph (3). Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: In this section: 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 ). 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 ). 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. 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 ). The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— to conduct research and analysis regarding the economic impact of siting, constructing, and operating a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; to assist with workforce training or retraining to perform activities relating to the siting and operation of a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; and to engage with the Nuclear Regulatory Commission, the Department of Energy, and other Federal agencies with expertise in civil nuclear energy. Of the cost of any project or activity eligible for a grant under this section— except as provided in paragraphs

(2)and (3), not more than 50 percent may be provided from amounts made available to carry out this section; in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. Subject to subsection (c), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— under any other Federal program; or from any other source. Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate. . Section 14703 of title 40, United States Code, is amended— by redesignating subsections

(e)and

(f)as subsections

(f)and (g), respectively; and by inserting after subsection

(d)the following: Of the amounts made available under subsection (a), $5,000,000 may be used to carry out section 14512 for each of fiscal years 2023 through 2026. . The analysis for subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by striking the item relating to section 14511 and inserting the following: 14511. Appalachian regional energy hub initiative. 14512. Appalachian Regional Commission nuclear energy development. . The prohibitions against issuing certain licenses for utilization facilities to certain corporations and other entities described in the second sentence of section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) and the second sentence of section 104 d. of that Act ( 42 U.S.C. 2134(d) ) shall not apply to an entity described in paragraph

(2)if the Commission determines that issuance of the applicable license to that entity is not inimical to— the common defense and security; or the health and safety of the public. An entity referred to in paragraph

(1)is a corporation or other entity that is owned, controlled, or dominated by— the government of— a country that is a member of the Organisation for Economic Co-operation and Development on the date of enactment of this Act, subject to subparagraph (B); or the Republic of India; a corporation that is incorporated in a country described in subclause

(I)or

(II)of clause (i); or an alien who is a national of a country described in subclause

(I)or

(II)of clause (i). An entity described in subparagraph (A)(i)(I) is not an entity referred to in paragraph (1), and paragraph

(1)shall not apply to that entity, if, on the date of enactment of this Act— the entity (or any department, agency, or instrumentality of the entity) is a person subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ); or any citizen of the entity, or any entity organized under the laws of, or otherwise subject to the jurisdiction of, the entity, is a person subject to sanctions under that section. 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 . Nothing in this subsection affects the requirements of section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ). Section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2025 each place it appears and inserting December 31, 2045 . Section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended— in subsection d. (5), by striking $500,000,000 and inserting $2,000,000,000 ; and in subsection e. (4), by striking $500,000,000 and inserting $2,000,000,000 . Section 170 p. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(p) ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2021 and inserting December 31, 2041 . Section 11 q. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(q) ) is amended, in the second proviso, by striking if such occurrence and all that follows through United States: and inserting a colon. 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 subsection as the report ) on manufacturing and construction for nuclear energy applications. In developing the report, the Commission shall seek input from— the Secretary of Energy; the nuclear energy industry; National Laboratories; institutions of higher education; nuclear and manufacturing technology developers; the manufacturing and construction industries, including manufacturing and construction companies with operating facilities in the United States; standards development organizations; labor unions; nongovernmental organizations; and other public stakeholders. The report shall— examine any unique licensing issues or requirements relating to the use of innovative— advanced manufacturing processes; advanced construction techniques; and rapid improvement or iterative innovation processes; examine— the requirements for nuclear-grade components in manufacturing and construction for nuclear energy applications; opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; opportunities to use standard materials that are in compliance with existing codes to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes; and 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; identify any safety aspects of innovative 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; identify options for addressing the issues, requirements, and opportunities examined under clauses

(i)and (ii)— within the existing regulatory framework; or through a new rulemaking; identify how addressing the issues, requirements, and opportunities examined under clauses

(i)and

(ii)will impact opportunities for domestic nuclear manufacturing and construction developers; and describe the extent to which Commission action is needed to implement any matter described in the report. The report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for manufacturing and construction for nuclear energy applications. Section 313 of division C of the Omnibus Appropriations Act, 2009 ( 42 U.S.C. 16274a ), is amended— in subsection (a), by striking Nuclear Regulatory ; in subsection (b)(1), in the matter preceding subparagraph (A), by inserting and subsection

(c)after paragraph

(2); in subsection (c)— by redesignating paragraph

(2)as paragraph (5); and by striking paragraph

(1)and inserting the following: 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) ). The term Commission means the Nuclear Regulatory Commission. 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 ). 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) ). ; in subsection (d)(2), by striking Nuclear Regulatory ; by redesignating subsections

(c)and

(d)as subsections

(d)and (e), respectively; and by inserting after subsection

(b)the following: 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. In carrying out the nuclear energy traineeship subprogram described in paragraph (1), the Commission shall— coordinate with the Secretary of Energy to prioritize the funding of traineeships that focus on— nuclear workforce needs; and critical mission needs of the Commission; encourage appropriate partnerships among— National Laboratories; institutions of higher education; trade schools; the nuclear energy industry; and other entities, as the Commission determines to be appropriate; and on an annual basis, evaluate nuclear workforce needs for the purpose of implementing traineeships in focused topical areas that— address the workforce needs of the nuclear energy community; and support critical mission needs of the Commission. . Not later than 180 days 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 on the readiness and capacity of the Commission to license additional conversion and enrichment capacity at existing and new fuel cycle facilities to reduce reliance on nuclear fuel that is recovered, converted, enriched, or fabricated by an entity that— is owned or controlled by the Government of the Russian Federation; or is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation. The report required under paragraph

(1)shall analyze how the capacity of the Commission to license additional conversion and enrichment capacity at existing and new fuel cycle facilities may conflict with or restrict the readiness of the Commission to review advanced nuclear reactor applications. In this subsection: 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 ). 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 ). The term standard contract has the meaning given the term contract in section 961.3 of title 10, Code of Federal Regulations (or a successor regulation). Not later than January 1, 2025, and annually thereafter, the Secretary of Energy shall submit to Congress a report that describes— 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; 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. ); 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; 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; 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; 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; any actions taken in the previous fiscal year by the Department of Energy with respect to interim storage; and 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. In this subsection: NPL site The term eligible non-NPL site means a site— that is not on the National Priorities List; but with respect to which the Administrator determines that— the site would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(c) ); and for removal site evaluations, engineering evaluations/cost analyses, remedial planning activities, remedial investigations and feasibility studies, and other actions taken pursuant to section 104(b) of that Act ( 42 U.S.C. 9604 ), the site— has undergone a pre-CERCLA screening; and is included in the Superfund Enterprise Management System. The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term National Priorities List means the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). The terms remedial action , removal , and response have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). The term Tribal land has the meaning given the term Indian country in section 1151 of title 18, United States Code. There are authorized to be appropriated for each of fiscal years 2023 through 2032, to remain available until expended— $97,000,000 to the Administrator to carry out this subsection (except for paragraph (4)); and $3,000,000 to the Administrator of the Agency for Toxic Substances and Disease Registry to carry out paragraph (4). Amounts appropriated under paragraph (2)(A) shall be used by the Administrator— to carry out removal actions on abandoned mine land located on Tribal land; to carry out response actions, including removal and remedial planning activities, removal and remedial studies, remedial actions, and other actions taken pursuant to section 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(b) ) on abandoned mine land located on Tribal land at— eligible non-NPL sites; and sites listed on the National Priorities List; and to make grants under paragraph (5). Subject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land, in accordance with section 104(i)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(i)(6) ). The Administrator may use amounts appropriated under paragraph (2)(A) to make grants to eligible entities described in subparagraph

(B)for the purposes described in subparagraph (C). An eligible entity referred to in subparagraph

(A)is— the governing body of an Indian Tribe; or a legally established organization of Indians that— is controlled, sanctioned, or chartered by the governing bodies of 2 or more Indian Tribes to be served, or that is democratically elected by the adult members of the Indian community to be served, by that organization; and includes the maximum participation of Indians in all phases of the activities of that organization. A grant under this paragraph shall be used— in accordance with the second sentence of section 117(e)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(1) ); for obtaining technical assistance in carrying out response actions under clause (iii); or for carrying out response actions, if the Administrator determines that the Indian Tribe has the capability to carry out any or all of those response actions in accordance with the criteria and priorities established pursuant to section 105(a)(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8) ). An eligible entity desiring a grant under this paragraph shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. A grant under this paragraph shall be governed by the rules, procedures, and limitations described in section 117(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(2) ), except that— Administrator of the Environmental Protection Agency shall be substituted for President each place it appears in that section; and in the first sentence of that section, under subsection

(s)of the shall be substituted for ADVANCE Act of 2023 under this subsection . If a remedial action described in paragraph (3)(B) is scheduled at an eligible non-NPL site, no action may be commenced for damages (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )) with respect to that eligible non-NPL site unless the action is commenced within the timeframe provided for such actions with respect to facilities on the National Priorities List in the first sentence of the matter following subparagraph

(B)of section 113(g)(1) of that Act ( 42 U.S.C. 9613(g)(1) ). The Administrator shall coordinate with the Indian Tribe on whose land the applicable site is located in— selecting and prioritizing sites for response actions under subparagraphs

(A)and

(B)of paragraph (3); and carrying out those response actions. The Commission shall establish an initiative to enhance preparedness and coordination with respect to the qualification and licensing of advanced nuclear fuel. 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— to share technical expertise and knowledge through— 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; operating a database to store and share data and knowledge relevant to nuclear science and engineering between Federal agencies and the private sector; leveraging expertise with respect to safety analysis and research relating to advanced nuclear fuel; and 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 to ensure that— the Department of Energy has sufficient technical expertise to support the timely research, development, demonstration, and commercial application of advanced nuclear fuel; 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; 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 the Commission has access to the facilities described in subclause (I), as needed; and 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. 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 describing the efforts of the Commission under paragraph (1), including— an assessment of the preparedness of the Commission to review and qualify for use— accident tolerant fuel; ceramic cladding materials; fuels containing silicon carbide; high-assay, low-enriched uranium fuels; molten-salt based liquid fuels; fuels derived from spent nuclear fuel or depleted uranium; and other related fuel concepts, as determined by the Commission; activities planned or undertaken under the memorandum of understanding described in paragraph (2); an accounting of the areas of research needed with respect to advanced nuclear fuel; and any other challenges or considerations identified by the Commission. In developing the report under subparagraph (A), the Commission shall seek input from— the Secretary of Energy; National Laboratories; the nuclear energy industry; technology developers; nongovernmental organizations; and other public stakeholders. In this subsection, the term Chairman means the Chairman of the Commission. Notwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) ), any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and any provision of title 5, United States Code, governing appointments and General Schedule classification and pay rates, the Chairman may, subject to the limitations described in subparagraph (C), and without regard to the civil service laws— establish the positions described in subparagraph (B); and appoint persons to the positions established under clause (i). The positions referred to in subparagraph (A)(i) are— permanent or term-limited positions with highly specialized scientific, engineering, and technical competencies to address a critical licensing or regulatory oversight need for the Commission, including— health physicist; reactor operations engineer; human factors analyst or engineer; risk and reliability analyst or engineer; licensing project manager; reactor engineer for severe accidents; geotechnical engineer; structural engineer; reactor systems engineer; reactor engineer; radiation scientist; seismic engineer; and electronics engineer; or permanent or term-limited positions to be filled by exceptionally well-qualified individuals that the Chairman, subject to paragraph (5), determines are necessary to fulfill the mission of the Commission. Appointments under subparagraph (A)(ii) may be made to not more than— 15 permanent positions described in subparagraph (B)(i) during fiscal year 2024; and 10 permanent positions described in subparagraph (B)(i) during each fiscal year thereafter; 15 term-limited positions described in subparagraph (B)(i) during fiscal year 2024; and 10 term-limited positions described in subparagraph (B)(i) during each fiscal year thereafter; 15 permanent positions described in subparagraph (B)(ii) during fiscal year 2024; and 10 permanent positions described in subparagraph (B)(ii) during each fiscal year thereafter; and 15 term-limited positions described in subparagraph (B)(ii) during fiscal year 2024; and 10 term-limited positions described in subparagraph (B)(ii) during each fiscal year thereafter. If a person is appointed to a term-limited position described in clause

(i)or

(ii)of subparagraph (B), the term of that appointment shall not exceed 4 years. Subject to paragraph (5), appointments made to positions established under this paragraph shall be to a range of staff positions that are of entry, mid, and senior levels, to the extent practicable. The Commission may pay a person appointed under subparagraph

(A)a 1-time hiring bonus in an amount not to exceed the least of— $25,000; the amount equal to 15 percent of the annual rate of basic pay of the employee; and the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. Notwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) ), any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and chapter 51, and subchapter III of chapter 53, of title 5, United States Code, the Chairman, subject to the limitations described in subparagraph

(C)and without regard to the civil service laws, may— establish and fix the rates of basic pay for the positions described in subparagraph (B); and appoint persons to the positions established under clause (i). The positions referred to in subparagraph (A)(i) are— positions with highly specialized scientific, engineering, and technical competencies to address a critical need for the Commission, including— health physicist; reactor operations engineer; human factors analyst or engineer; risk and reliability analyst or engineer; licensing project manager; reactor engineer for severe accidents; geotechnical engineer; structural engineer; reactor systems engineer; reactor engineer; radiation scientist; seismic engineer; and electronics engineer; or positions to be filled by exceptionally well-qualified persons that the Chairman, subject to paragraph (5), determines are necessary to fulfill the mission of the Commission. The annual rate of basic pay for a position described in subparagraph

(B)may not exceed the per annum rate of salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. Appointments under subparagraph (A)(ii) may be made to not more than— 10 positions described in subparagraph (B)(i) per fiscal year, not to exceed a total of 50 positions; and 10 positions described in subparagraph (B)(ii) per fiscal year, not to exceed a total of 50 positions. Subject to clauses

(ii)and (iii), an employee may be paid a 1-time performance bonus in an amount not to exceed the least of— $25,000; the amount equal to 15 percent of the annual rate of basic pay of the person; and the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. Any 1-time performance bonus under clause

(i)shall be made to a person who demonstrated exceptional performance in the applicable fiscal year, including— leading a project team in a timely, efficient, and predictable licensing review to enable the safe use of nuclear technology; making significant contributions to a timely, efficient, and predictable licensing review to enable the safe use of nuclear technology; the resolution of novel or first-of-a-kind regulatory issues; developing or implementing licensing or regulatory oversight processes to improve the effectiveness of the Commission; and other performance, as determined by the Chairman, subject to paragraph (5). The Commission may pay a 1-time performance bonus under clause

(i)for not more than 15 persons per fiscal year, and a person who receives a 1-time performance bonus under that clause may not receive another 1-time performance bonus under that clause for a period of 5 years thereafter. The Chairman, on an annual basis, shall solicit applications for the Nuclear Regulator Apprenticeship Network. To the maximum extent practicable, appointments under paragraphs (2)(A) and (3)(A) and any 1-time performance bonus under paragraph (3)(D) shall be made in accordance with the merit system principles set forth in section 2301 of title 5, United States Code. Pursuant to Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by paragraphs (2), (3), and

(4)to the Executive Director for Operations of the Commission. The Commission shall include in the annual budget justification of the Commission— information that describes— the total number of and the positions of the persons appointed under the authority provided by paragraph (2); the total number of and the positions of the persons paid at the rate determined under the authority provided by paragraph (3)(A); the total number of and the positions of the persons paid a 1-time performance bonus under the authority provided by paragraph (3)(D); how the authority provided by paragraphs

(2)and

(3)is being used, and has been used during the previous fiscal year, to address the hiring and retention needs of the Commission with respect to the positions described in those subsections to which that authority is applicable; if the authority provided by paragraphs

(2)and

(3)is not being used, or has not been used, the reasons, including a justification, for not using that authority; and the attrition levels with respect to the term-limited appointments made under paragraph (2), including, with respect to persons leaving a position before completion of the applicable term of service, the average length of service as a percentage of the term of service; an assessment of— the current critical workforce needs of the Commission, including any critical workforce needs that the Commission anticipates in the subsequent 5 fiscal years; and further skillsets that are or will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission; and the plans of the Commission to assess, develop, and implement updated staff performance standards, training procedures, and schedules. Not later than September 30, 2032, the Commission shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Energy and Commerce of the House of Representatives a report that— describes the attrition levels with respect to the term-limited appointments made under paragraph (2), including, with respect to persons leaving a position before completion of the applicable term of service, the average length of service as a percentage of the term of service; provides the views of the Commission on the effectiveness of the authorities provided by paragraphs

(2)and

(3)in helping the Commission fulfill the mission of the Commission; and makes recommendations with respect to whether the authorities provided by paragraphs

(2)and

(3)should be continued, modified, or discontinued. 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— 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 whether the Commission is meeting and is expected to meet the total budget authority caps required for corporate support under that section. 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: 30 percent for fiscal year 2024 and each fiscal year thereafter. . Paragraph

(9)of section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) (as redesignated by subsection (f)(1)(A)) is amended— by striking The term and inserting the following: The term ; and by adding at the end the following: The term corporate support costs does not include— 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 costs for salaries, travel, and other support for the Office of the Commission. . Section 102(c) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(c) ) is amended— in paragraph (3)— in the paragraph heading, by striking and inserting 180 ; and 90 by striking 180 and inserting 90 ; and by adding at the end the following: 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). 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. . In this subsection: The term community advisory board means a community committee or other advisory organization that aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect. The term decommission has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). The term eligible recipient has the meaning given the term in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 ). The term licensee has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). The term nuclear closure community means a unit of local government, including a county, city, town, village, school district, or special district, that has been impacted, or reasonably demonstrates to the satisfaction of the Secretary that it will be impacted, by a nuclear power plant licensed by the Commission that— is not co-located with an operating nuclear power plant; is at a site with spent nuclear fuel; and as of the date of enactment of this Act— has ceased operations; or has provided a written notification to the Commission that it will cease operations. The term Secretary means the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development. Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a grant program to provide grants to eligible recipients— to assist with economic development in nuclear closure communities; and to fund community advisory boards in nuclear closure communities. In carrying out this subsection, to the maximum extent practicable, the Secretary shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5577) entitled Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants . The Secretary shall establish a formula to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this subsection. There are authorized to be appropriated to the Secretary— to carry out paragraph (2)(A), $35,000,000 for each of fiscal years 2023 through 2028; and to carry out paragraph (2)(B), $5,000,000 for each of fiscal years 2023 through 2025. Amounts made available under this subsection shall remain available for a period of 5 years beginning on the date on which the amounts are made available. None of the funds made available under this subsection may be used to offset the funding for any other Federal program. Section 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) is amended— by striking the third sentence and inserting the following: 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— not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— nonenergy services; energy; or a combination of nonenergy services and energy; and not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; in the second sentence, by striking The Commission and inserting the following: The Commission ; and by striking c. The Commission and inserting the following: Subject to paragraphs

(2)and (3), the Commission . 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. Nothing in this section affects authorities of the Department of State.

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