Federal

An act to authorize appropriations for the United States Fire Administration and firefighter assistance grant programs, to advance the benefits of nuclear energy, and for other purposes.

Source: Congress.gov · 15,207 words in original text

What This Bill Does

This law has two main parts. Part A gives money to fire departments and firefighters. Part B supports nuclear energy development, makes it easier to build new nuclear reactors, and helps nuclear power plants operate longer. ##

Who It Affects

- Fire departments and firefighter organizations - Nuclear power plant owners and operators - Companies building new nuclear reactors - The Nuclear Regulatory Commission (the agency that oversees nuclear power) - The Department of Energy - Foreign governments and companies that want to buy U.S. nuclear technology - U.S. nuclear fuel manufacturers - Universities and research labs working on nuclear energy - Workers in nuclear and manufacturing industries ##

Key Provisions

**FIRE GRANTS SECTION:** - Congress approves $95,000,000 per year from 2024 through 2028 for the U.S. Fire Administration, with $3,420,000 per year going to a specific fire safety program (Sec. 2) - Congress approves $750,000,000 per year from 2024 through 2028 for firefighter assistance grants and fire prevention grants (Sec. 3) - Congress approves funding for a program to hire more firefighters and emergency responders through 2030 (Sec. 4) - The Government Accountability Office must study barriers preventing fire departments from accessing federal money and report back within three years (Sec. 5) **NUCLEAR ENERGY SECTION:** - The Nuclear Regulatory Commission must coordinate international nuclear activities and create a new branch to handle nuclear exports and innovation (Sec. 101) - Fuel made in Russia or China cannot be used in U.S. nuclear power plants unless the Secretaries of Energy and State say it doesn't threaten national security (Sec. 102) - The Commission must notify Congress when it approves exporting certain nuclear materials to countries without strong nuclear safety agreements (Sec. 103) - The Secretary of Energy must study the global nuclear industry and report back within one year on how the U.S. can compete internationally (Sec. 104) - The Secretary of Energy must review which countries can receive certain nuclear materials and update the list every five years starting within one year (Sec. 105) - The Commission can charge companies fees when reviewing their applications to build new advanced nuclear reactors, but only for direct staff costs, not administrative overhead, through September 30, 2030 (Sec. 201) - The federal government can give cash awards to companies that are first to get licenses for certain types of advanced nuclear reactors, up to the amount they spent on licensing fees (Sec. 202) - The Commission must report on licensing challenges for nuclear reactors that do nonelectric uses like making hydrogen or providing heat, within 270 days (Sec. 203) - The Commission must review and report on making it easier to license nuclear reactors built on old power plant sites or government property within one year (Sec. 206) - The Commission must create a faster licensing process for new nuclear reactors built on sites where reactors already operated, completing reviews within 25 months (Sec. 207) - The Commission must develop licensing guidance for small reactors called "micro-reactors" within 18 months (Sec. 208) - Certain foreign companies can own U.S. nuclear power plants if the Commission determines it doesn't threaten national security, as long as they come from developed nations or India and are not under U.S. sanctions (Sec. 301) - The Commission must report on manufacturing and construction challenges for nuclear projects within 180 days (Sec. 401) - The Nuclear Regulatory Commission must create a traineeship program in coordination with colleges and trade schools to train workers for nuclear jobs (Sec. 402) - The Department of Energy must submit reports every two years on spent nuclear fuel and radioactive waste storage costs and inventory starting January 1, 2026 (Sec. 403) - The Commission and Department of Energy must create an agreement to share expertise and databases on advanced nuclear fuels and provide a report within two years (Sec. 404) - The Commission must update its mission statement within one year to say it will license and regulate nuclear energy in an efficient way (Sec. 501) - The Nuclear Regulatory Commission can directly hire up to 210 highly qualified workers without using standard government hiring rules, and can pay hiring bonuses up to $25,000 and performance bonuses up to $25,000 (Sec. 502) - The Commission must file a report with Congress and submit a hiring plan to the Office of Personnel Management within 180 days (Sec. 502(d)) ##

What Changes

If this becomes law: - Fire departments will receive guaranteed federal funding for the next several years instead of relying on annual decisions. - Fire departments have until 2030 to access federal hiring assistance grants instead of the program ending in 2024. - Companies building advanced nuclear reactors will pay lower licensing fees that only cover direct staff work. - It becomes easier and faster to build new nuclear reactors on old power plant sites. - U.S. nuclear power plants cannot use fuel from Russia or China unless federal officials approve it case-by-case. - The Nuclear Regulatory Commission has new authority to hire and pay talented workers more competitively without following standard government hiring rules. - Foreign companies from allied nations can potentially own U.S. nuclear power plants. - The government must study and track spent nuclear fuel storage costs every two years. ##

Important Definitions

- **Advanced nuclear reactor**: A nuclear reactor design that uses new technology different from traditional large commercial reactors (Sec. 2) - **Accident tolerant fuel**: Nuclear fuel designed to better survive accidents (Sec. 2) - **Fusion machine**: A machine that combines atoms to create different elements and captures the resulting energy (Sec. 205) - **Brownfield site**: Property where industrial activity happened before and may have contamination (Sec. 206, referencing existing law) - **Micro-reactor**: Not defined in bill text - **Covered fuel**: Enriched uranium made into fuel outside the U.S. by Russian or Chinese companies (Sec. 102) ##

Effective Date

Most provisions take effect on the date of enactment (July 9, 2024). Some specific effective dates: - International nuclear activity fee exclusions take effect October 1, 2025 (Sec. 101(c)(2)) - Advanced reactor fee provisions take effect October 1, 2025 and end September 30, 2030 (Sec.

138 STAT. 1447 PUBLIC LAW 118–67—JULY 9, 2024 Public Law 118–67 118th Congress An Act To authorize appropriations for the United States Fire Administration and firefighter assistance grant programs, to advance the benefits of nuclear energy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, DIVISION A—FIRE GRANTS AND SAFETY SECTION 1. SHORT TITLE. This division may be cited as the ‘‘Fire Grants and Safety Act of 2023’’. SEC. 2. REAUTHORIZATION OF THE UNITED STATES FIRE ADMINISTRA- TION. Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended— (1) in subparagraph (L), by striking ‘‘and’’ after the semi- colon; (2) in subparagraph (M)— (A) by striking ‘‘for for’’ and inserting ‘‘for’’; and (B) by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following new subparagraraph: ‘‘(N) $95,000,000 for each of fiscal years 2024 through 2028, of which $3,420,000 for each such fiscal year shall be used to carry out section 8(f).’’. SEC. 3. REAUTHORIZATION OF ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM AND THE FIRE PREVENTION AND SAFETY GRANTS PROGRAM. (a) SUNSET.—Section 33(r) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(r)) is amended by striking ‘‘2024’’ and inserting ‘‘2030’’. (b) AUTHORIZATION OF APPROPRIATIONS.—Section 33(q)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(q)(1)) is amended by striking ‘‘to carry out this section— ’’ and all that follows through ‘‘the fiscal year described in clause (i)’’ and inserting ‘‘to carry out this section $750,000,000 for each of fiscal years 2024 through 2028’’. SEC. 4. REAUTHORIZATION OF STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT PROGRAM. (a) SUNSET.—Section 34(k) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(k)) is amended by striking ‘‘2024’’ and inserting ‘‘2030’’. 15 USC 2201 note. Fire Grants and Safety Act of 2023. July 9, 2024 [S. 870] VerDate Sep 11 2014 02:57 Nov 09, 2024 Jkt 059139 PO 00067 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL067.118 PUBL067 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 1448 PUBLIC LAW 118–67—JULY 9, 2024 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 34(j)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(j)(1)(I)) is amended— (1) in subparagraph (G), by inserting ‘‘and’’ after the semi- colon; (2) in subparagraph (H), by striking ‘‘fiscal year 2013; and’’ and inserting ‘‘each of fiscal years 2024 through 2028.’’; and (3) by striking subparagraph (I). SEC. 5. GAO AUDIT AND REPORT. Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of and issue a publicly available report on— (1) barriers that prevent fire departments from accessing Federal funds; and (2) the United States Fire Administration. DIVISION B—ACCELERATING DEPLOY- MENT OF VERSATILE, ADVANCED NU- CLEAR FOR CLEAN ENERGY SEC. 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This division may be cited as the ‘‘Accel- erating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024’’ or the ‘‘ADVANCE Act of 2024’’. (b) TABLE OF CONTENTS.—The table of contents for this division is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—AMERICAN NUCLEAR LEADERSHIP Sec. 101. International nuclear export and innovation activities. Sec. 102. Denial of certain domestic licenses for national security purposes. Sec. 103. Export license notification. Sec. 104. Global nuclear energy assessment. Sec. 105. Process for review and amendment of part 810 generally authorized des- tinations. TITLE II—DEVELOPING AND DEPLOYING NEW NUCLEAR TECHNOLOGIES Sec. 201. Fees for advanced nuclear reactor application review. Sec. 202. Advanced nuclear reactor prizes. Sec. 203. Licensing considerations relating to use of nuclear energy for nonelectric applications. Sec. 204. Enabling preparations for the demonstration of advanced nuclear reactors on Department of Energy sites or critical national security infrastruc- ture sites. Sec. 205. Fusion energy regulation. Sec. 206. Regulatory issues for nuclear facilities at brownfield sites. Sec. 207. Combined license review procedure. Sec. 208. Regulatory requirements for micro-reactors. TITLE III—PRESERVING EXISTING NUCLEAR ENERGY GENERATION Sec. 301. Foreign ownership. TITLE IV—NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND WORKFORCE Sec. 401. Report on advanced methods of manufacturing and construction for nu- clear energy projects. Sec. 402. Nuclear energy traineeship. 42 USC 2011 note. Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024. Public information. VerDate Sep 11 2014 02:57 Nov 09, 2024 Jkt 059139 PO 00067 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL067.118 PUBL067 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 1449 PUBLIC LAW 118–67—JULY 9, 2024 Sec. 403. Biennial report on the spent nuclear fuel and high-level radioactive waste inventory in the United States. Sec. 404. Development, qualification, and licensing of advanced nuclear fuel con- cepts. TITLE V—IMPROVING COMMISSION EFFICIENCY Sec. 501. Mission alignment. Sec. 502. Strengthening the NRC workforce. Sec. 503. Commission corporate support funding. Sec. 504. Performance metrics and milestones. Sec. 505. Nuclear licensing efficiency. Sec. 506. Modernization of nuclear reactor environmental reviews. Sec. 507. Improving oversight and inspection programs. TITLE VI—MISCELLANEOUS Sec. 601. Technical correction. Sec. 602. Report on engagement with the Government of Canada with respect to nuclear waste issues in the Great Lakes Basin. Sec. 603. Savings clause. SEC. 2. DEFINITIONS. In this division: (1) ACCIDENT TOLERANT FUEL.—The term ‘‘accident tolerant fuel’’ has the meaning given the term in section 107(a) of the Nuclear Energy Innovation and Modernization Act (Public Law 115–439; 132 Stat. 5577). (2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency. (3) ADVANCED NUCLEAR FUEL.—The term ‘‘advanced nuclear fuel’’ means— (A) advanced nuclear reactor fuel; and (B) accident tolerant fuel. (4) ADVANCED NUCLEAR REACTOR.—The term ‘‘advanced nuclear reactor’’ has the meaning given the term in section 3 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note; Public Law 115–439). (5) ADVANCED NUCLEAR REACTOR FUEL.—The term ‘‘advanced nuclear reactor fuel’’ has the meaning given the term in section 3 of the Nuclear Energy Innovation and Mod- ernization Act (42 U.S.C. 2215 note; Public Law 115–439). (6) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (7) COMMISSION.—The term ‘‘Commission’’ means the Nuclear Regulatory Commission. (8) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu- tion of higher education’’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (9) NATIONAL LABORATORY.—The term ‘‘National Labora- tory’’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). 42 USC 2011 note. VerDate Sep 11 2014 02:57 Nov 09, 2024 Jkt 059139 PO 00067 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL067.118 PUBL067 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 1450 PUBLIC LAW 118–67—JULY 9, 2024 TITLE I—AMERICAN NUCLEAR LEADERSHIP SEC. 101. INTERNATIONAL NUCLEAR EXPORT AND INNOVATION ACTIVITIES. (a) COMMISSION COORDINATION.— (1) IN GENERAL.—The Commission shall— (A) coordinate all work of the Commission relating to— (i) import and export licensing for nuclear reactors and radioactive materials; and (ii) international regulatory cooperation and assist- ance relating to nuclear reactors and radioactive mate- rials, including with countries that are members of— (I) the Organisation for Economic Co-operation and Development; or (II) the Nuclear Energy Agency; and (B) support interagency and international coordination with respect to— (i) the consideration of international technical standards to establish the licensing and regulatory basis to assist the design, construction, and operation of nuclear reactors and use of radioactive materials; (ii) efforts to help build competent nuclear regu- latory organizations and legal frameworks in foreign countries that are seeking to develop civil nuclear industries; and (iii) exchange programs and training provided, in coordination with the Secretary of State, to foreign countries relating to civil nuclear licensing and over- sight to improve the regulation of nuclear reactors and radioactive materials, in accordance with para- graph (2). (2) EXCHANGE PROGRAMS AND TRAINING.—With respect to the exchange programs and training described in paragraph (1)(B)(iii), the Commission shall coordinate, as applicable, with— (A) the Secretary of Energy; (B) the Secretary of State; (C) the National Laboratories; (D) the private sector; and (E) institutions of higher education. (b) AUTHORITY TO ESTABLISH BRANCH.—The Commission may establish within the Office of International Programs a branch, to be known as the ‘‘International Nuclear Export and Innovation Branch’’, to carry out the international nuclear export and innova- tion activities described in subsection (a) as the Commission deter- mines to be appropriate and within the mission of the Commission. (c) EXCLUSION OF INTERNATIONAL ACTIVITIES FROM THE FEE BASE.— (1) IN GENERAL.—Section 102 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215) is amended— (A) in subsection (a), by adding at the end the following: ‘‘(4) INTERNATIONAL NUCLEAR EXPORT AND INNOVATION ACTIVITIES.—The Commission shall identify in the annual 42 USC 2155b. VerDate Sep 11 2014 02:57 Nov 09, 2024 Jkt 059139 PO 00067 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL067.118 PUBL067 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 1451 PUBLIC LAW 118–67—JULY 9, 2024 budget justification international nuclear export and innovation activities described in section 101(a) of the ADVANCE Act of 2024.’’; and (B) in subsection (b)(1)(B), by adding at the end the following: ‘‘(iv) Costs for international nuclear export and innovation activities described in section 101(a) of the ADVANCE Act of 2024.’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on October 1, 2025. (d) INTERAGENCY COORDINATION.—The Commission shall coordinate all international activities under this section with the Secretary of State, the Secretary of Energy, and other applicable agencies, as appropriate. (e) SAVINGS CLAUSE.—Nothing in this section alters the authority of the Commission to license and regulate the civilian use of radioactive materials. SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR NATIONAL SECURITY PURPOSES. (a) DEFINITION OF COVERED FUEL.—In this section, the term ‘‘covered fuel’’ means enriched uranium that is fabricated outside the United States into fuel assemblies for commercial nuclear power reactors by an entity that— (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (b) PROHIBITION ON UNLICENSED POSSESSION OR OWNERSHIP OF COVERED FUEL.—Unless specifically authorized by the Commis- sion in a license issued under section 53 of the Atomic Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10, Code of Federal Regulations (or successor regulations), no person subject to the jurisdiction of the Commission may possess or own covered fuel. (c) LICENSE TO POSSESS OR OWN COVERED FUEL.— (1) CONSULTATION REQUIRED PRIOR TO ISSUANCE.—The Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10, Code of Federal Regulations (or successor regulations), unless the Commission has first con- sulted with the Secretary of Energy and the Secretary of State before issuing the license. (2) PROHIBITION ON ISSUANCE OF LICENSE.— (A) IN GENERAL.—Subject to subparagraph (C), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in subparagraph (B)(i)(I). (B) DETERMINATION.— (i) IN GENERAL.—The determination referred to in subparagraph (A) is a determination that possession or ownership, as applicable, of covered fuel— (I) poses a threat to the national security of the United States, including because of an adverse 42 USC 2073 note. 42 USC 2215 note. VerDate Sep 11 2014 02:57 Nov 09, 2024 Jkt 059139 PO 00067 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL067.118 PUBL067 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 1452 PUBLIC LAW 118–67—JULY 9, 2024 impact on the physical and economic security of the United States; or (II) does not pose a threat to the national security of the United States. (ii) JOINT DETERMINATION.—A determination described in clause (i) shall be jointly made by the Secretary of Energy and the Secretary of State. (iii) TIMELINE.— (I) NOTICE OF APPLICATION.—Not later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (II) DETERMINATION.—The Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under subclause (I) of an application for a license to possess or own covered fuel, in which to make the determination described in clause (i). (III) COMMISSION NOTIFICATION.—On making the determination described in clause (i), the Sec- retary of Energy and the Secretary of State shall immediately notify the Commission. (IV) CONGRESSIONAL NOTIFICATION.—Not later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under subclause (III), the Commission shall notify the appropriate committees of Con- gress, 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 determinatio [Text truncated for display. Full text available on Congress.gov.]

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