Federal

ADVANCE Act of 2023

Source: Congress.gov · 31,536 words in original text

What This Bill Does

This bill supports the development and approval of new nuclear reactor technologies in the United States. It also aims to strengthen the domestic nuclear fuel supply chain, improve how nuclear energy is regulated, and establish the U.S. as a global nuclear technology leader through international partnerships and exports. ##

Who It Affects

- Nuclear reactor developers and manufacturers - The Nuclear Regulatory Commission (the federal agency that licenses nuclear facilities) - Nuclear power plant operators - Companies involved in uranium conversion and enrichment (the process of preparing nuclear fuel) - Nuclear energy workers and trainees - International countries seeking to develop nuclear power - Native American tribes on lands with abandoned mines - The Department of Energy - The Department of Commerce and State Department ##

Key Provisions

- The Nuclear Regulatory Commission must establish an international branch to support nuclear reactor exports and help other countries develop nuclear safety systems. (Sec. 101) - The commission must prohibit possession of enriched uranium fuel made by Russian or Chinese government-owned companies unless the Secretaries of Energy and State jointly determine it poses no national security threat, with a 180-day decision period. (Sec. 102) - The commission cannot issue export licenses for certain nuclear materials to countries without strict nuclear safeguards agreements with the International Atomic Energy Agency unless it determines the transfer won't harm U.S. security. (Sec. 103) - The commission must charge advanced nuclear reactor applicants fees based only on mission-direct program costs, not including general administrative overhead. (Sec. 201) - The federal government will refund licensing fees paid by the first advanced reactor companies that receive operating licenses or construction approval, up to the amount they paid. (Sec. 202) - The commission must study and report on licensing issues for nuclear reactors that produce heat for industrial uses instead of just electricity. (Sec. 203) - The commission must establish a traineeship program with colleges and trade schools to train workers in nuclear safety, security, and skilled trades needed by the nuclear industry. (Sec. 402) - The Appalachian Regional Commission may provide grants and technical help to study and develop nuclear projects at former coal plant sites in the Appalachian region. (Sec. 207) - Congress authorizes spending $100 million through fiscal year 2032 for cleaning up abandoned uranium and other mining sites on tribal lands. (Sec. 405) ##

What Changes

If enacted, this bill would make it easier for companies to develop and license advanced nuclear reactors by lowering application fees and providing government support. It would prevent the use of nuclear fuel made in Russia or China unless approved by U.S. national security officials. The U.S. government would provide cash rewards to the first companies that build certain types of advanced reactors. International partnerships would expand to help other countries develop nuclear programs. Workers would have new training opportunities in nuclear jobs. Federal funding would support cleanup of contaminated mining sites on tribal lands and nuclear development projects in economically struggling Appalachian communities. ##

Important Definitions

- **Advanced nuclear reactor**: A reactor design with enhanced safety features, different fuel types, or innovative technology that differs from current large commercial reactors. - **Accident tolerant fuel**: Nuclear fuel designed to withstand severe accident conditions better than traditional fuel. - **Brownfield site**: Previously developed land that may be contaminated but is being considered for new development. - **Covered fuel**: Enriched uranium fuel made by companies owned or controlled by the Russian or Chinese governments. - **Embarking civil nuclear energy nation**: A country developing or expanding nuclear power for the first time that is eligible for World Bank development loans, excluding China, Russia, Belarus, Iran, North Korea, Cuba, Venezuela, Syria, and countries designated as state sponsors of terrorism. - **Retired fossil fuel site**: A location where coal or natural gas power plants operated and are now shut down or closing. - **Utilization facility**: A nuclear reactor used for peaceful purposes. - **Production facility**: A facility that produces special nuclear material. ##

Effective Date

Most provisions take effect on October 1, 2024. (Sec. 101(c)(2), Sec. 201(d), Sec. 204(b)) The Section 302 changes to the Price-Anderson Act (extending nuclear liability insurance) take effect immediately upon enactment. Other specific provisions have their own timelines ranging from 180 days to 3 years after enactment, as stated in individual sections.

II Calendar No. 118 118TH CONGRESS 1ST SESSION S. 1111 To enhance United States civil nuclear leadership, support the licensing of advanced nuclear technologies, strengthen the domestic nuclear energy fuel cycle and supply chain, and improve the regulation of nuclear energy, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 30, 2023 Mrs. CAPITO (for herself, Mr. WHITEHOUSE, Mr. BARRASSO, Mr. CARPER, Mr. CRAPO, Mr. BOOKER, Mr. GRAHAM, Mr. KELLY, Mr. RISCH, Mr. HEINRICH, Mr. CARDIN, Ms. SINEMA, Ms. LUMMIS, Mr. RICKETTS, Mr. COONS, Mr. WARNER, Mrs. GILLIBRAND, Mr. MANCHIN, Mr. CRAMER, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works JULY 10, 2023 Reported by Mr. CARPER, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To enhance United States civil nuclear leadership, support the licensing of advanced nuclear technologies, strengthen the domestic nuclear energy fuel cycle and supply chain, and improve the regulation of nuclear energy, and for other purposes. VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1111 RS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Accelerating Deployment of Versatile, Advanced Nuclear 5 for Clean Energy Act of 2023’’ or the ‘‘ADVANCE Act 6 of 2023’’. 7 (b) TABLE OF CONTENTS.—The table of contents for 8 this Act is as follows: 9 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—AMERICAN NUCLEAR LEADERSHIP Sec. 101. International nuclear reactor export and innovation activities. Sec. 102. Denial of certain domestic licenses for national security purposes. Sec. 103. Export license requirements. Sec. 104. Coordinated international engagement. 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. Report on unique licensing considerations relating to the use of nu- clear energy for nonelectric applications. Sec. 204. Enabling preparations for the demonstration of advanced nuclear re- actors on Department of Energy sites. Sec. 205. Clarification on fusion regulation. Sec. 206. Regulatory issues for nuclear facilities at brownfield sites. Sec. 207. Appalachian Regional Commission nuclear energy development. TITLE III—PRESERVING EXISTING NUCLEAR ENERGY GENERATION Sec. 301. Investment by allies. Sec. 302. Extension of the Price-Anderson Act. TITLE IV—NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND WORKFORCE Sec. 401. Report on advanced methods of manufacturing and construction for nuclear energy applications. Sec. 402. Nuclear energy traineeship. VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6411 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1111 RS Sec. 403. Report on Commission readiness and capacity to license additional conversion and enrichment capacity to reduce reliance on ura- nium from Russia. Sec. 404. Annual report on the spent nuclear fuel and high-level radioactive waste inventory in the United States. Sec. 405. Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land. Sec. 406. Development, qualification, and licensing of advanced nuclear fuel concepts. TITLE V—IMPROVING COMMISSION EFFICIENCY Sec. 501. Commission workforce. Sec. 502. Commission corporate support funding. Sec. 503. Performance and reporting update. TITLE VI—MISCELLANEOUS Sec. 601. Nuclear closure communities. Sec. 602. Technical correction. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ACCIDENT TOLERANT FUEL.—The term 3 ‘‘accident tolerant fuel’’ has the meaning given the 4 term in section 107(a) of the Nuclear Energy Inno- 5 vation and Modernization Act (Public Law 115–439; 6 132 Stat. 5577). 7 (2) ADMINISTRATOR.—The term ‘‘Adminis- 8 trator’’ means the Administrator of the Environ- 9 mental Protection Agency. 10 (3) ADVANCED NUCLEAR FUEL.—The term 11 ‘‘advanced nuclear fuel’’ means— 12 (A) advanced nuclear reactor fuel; and 13 (B) accident tolerant fuel. 14 (4) ADVANCED NUCLEAR REACTOR.—The term 15 ‘‘advanced nuclear reactor’’ has the meaning given 16 VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1111 RS the term in section 3 of the Nuclear Energy Innova- 1 tion and Modernization Act (42 U.S.C. 2215 note; 2 Public Law 115–439). 3 (5) ADVANCED NUCLEAR REACTOR FUEL.—The 4 term ‘‘advanced nuclear reactor fuel’’ has the mean- 5 ing given the term in section 3 of the Nuclear En- 6 ergy Innovation and Modernization Act (42 U.S.C. 7 2215 note; Public Law 115–439). 8 (6) APPROPRIATE COMMITTEES OF 9 CONGRESS.—The term ‘‘appropriate committees of 10 Congress’’ means— 11 (A) the Committee on Environment and 12 Public Works of the Senate; and 13 (B) the Committee on Energy and Com- 14 merce of the House of Representatives. 15 (7) COMMISSION.—The term ‘‘Commission’’ 16 means the Nuclear Regulatory Commission. 17 (8) INSTITUTION OF HIGHER EDUCATION.—The 18 term ‘‘institution of higher education’’ has the 19 meaning given the term in section 101(a) of the 20 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 21 (9) NATIONAL LABORATORY.—The term ‘‘Na- 22 tional Laboratory’’ has the meaning given the term 23 in section 2 of the Energy Policy Act of 2005 (42 24 U.S.C. 15801). 25 VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1111 RS TITLE I—AMERICAN NUCLEAR 1 LEADERSHIP 2 SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT 3 AND INNOVATION ACTIVITIES. 4 (a) COORDINATION.— 5 (1) IN GENERAL.—The Commission shall— 6 (A) coordinate all work of the Commission 7 relating to— 8 (i) nuclear reactor import and export 9 licensing; and 10 (ii) international regulatory coopera- 11 tion and assistance relating to nuclear re- 12 actors, including with countries that are 13 members of the Organisation for Economic 14 Co-operation and Development; and 15 (B) support interagency and international 16 coordination with respect to— 17 (i) the consideration of international 18 technical standards to establish the licens- 19 ing and regulatory basis to assist the de- 20 sign, construction, and operation of nu- 21 clear systems; 22 (ii) efforts to help build competent nu- 23 clear regulatory organizations and legal 24 VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1111 RS frameworks in countries seeking to develop 1 nuclear power; and 2 (iii) exchange programs and training 3 provided to other countries relating to nu- 4 clear regulation and oversight to improve 5 nuclear technology licensing, in accordance 6 with paragraph (2). 7 (2) EXCHANGE PROGRAMS AND TRAINING.— 8 With respect to the exchange programs and training 9 described in paragraph (1)(B)(iii), the Commission 10 shall coordinate, as applicable, with— 11 (A) the Secretary of Energy; 12 (B) National Laboratories; 13 (C) the private sector; and 14 (D) institutions of higher education. 15 (b) AUTHORITY TO ESTABLISH BRANCH.—The Com- 16 mission may establish within the Office of International 17 Programs a branch, to be known as the ‘‘International 18 Nuclear Reactor Export and Innovation Branch’’, to carry 19 out such international nuclear reactor export and innova- 20 tion activities as the Commission determines to be appro- 21 priate and within the mission of the Commission. 22 (c) EXCLUSION OF INTERNATIONAL ACTIVITIES 23 FROM THE FEE BASE.— 24 VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1111 RS (1) IN GENERAL.—Section 102 of the Nuclear 1 Energy Innovation and Modernization Act (42 2 U.S.C. 2215) is amended— 3 (A) in subsection (a), by adding at the end 4 the following: 5 ‘‘(4) INTERNATIONAL NUCLEAR REACTOR EX- 6 PORT AND INNOVATION ACTIVITIES.—The Commis- 7 sion shall identify in the annual budget justification 8 international nuclear reactor export and innovation 9 activities described in section 101(a) of the AD- 10 VANCE Act of 2023.’’; and 11 (B) in subsection (b)(1)(B), by adding at 12 the end the following: 13 ‘‘(iv) Costs for international nuclear 14 reactor export and innovation activities de- 15 scribed in section 101(a) of the AD- 16 VANCE Act of 2023.’’. 17 (2) EFFECTIVE DATE.—The amendments made 18 by paragraph (1) shall take effect on October 1, 19 2024. 20 (d) SAVINGS CLAUSE.—Nothing in this section alters 21 the authority of the Commission to license and regulate 22 the civilian use of radioactive materials. 23 VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1111 RS SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR 1 NATIONAL SECURITY PURPOSES. 2 (a) DEFINITION OF COVERED FUEL.—In this sec- 3 tion, the term ‘‘covered fuel’’ means enriched uranium 4 that is fabricated into fuel assemblies for nuclear reactors 5 by an entity that— 6 (1) is owned or controlled by the Government of 7 the Russian Federation or the Government of the 8 People’s Republic of China; or 9 (2) is organized under the laws of, or otherwise 10 subject to the jurisdiction of, the Russian Federation 11 or the People’s Republic of China. 12 (b) PROHIBITION ON UNLICENSED POSSESSION OR 13 OWNERSHIP OF COVERED FUEL.—Unless specifically au- 14 thorized by the Commission in a license issued under sec- 15 tion 53 of the Atomic Energy Act of 1954 (42 U.S.C. 16 2073) and part 70 of title 10, Code of Federal Regulations 17 (or successor regulations), no person subject to the juris- 18 diction of the Commission may possess or own covered 19 fuel. 20 (c) LICENSE TO POSSESS OR OWN COVERED 21 FUEL.— 22 (1) CONSULTATION REQUIRED PRIOR TO 23 ISSUANCE.—The Commission shall not issue a li- 24 cense to possess or own covered fuel under section 25 53 of the Atomic Energy Act of 1954 (42 U.S.C. 26 VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1111 RS 2073) and part 70 of title 10, Code of Federal Reg- 1 ulations (or successor regulations), unless the Com- 2 mission has first consulted with the Secretary of En- 3 ergy and the Secretary of State before issuing the li- 4 cense. 5 (2) PROHIBITION ON ISSUANCE OF LICENSE.— 6 (A) IN GENERAL.—Subject to subpara- 7 graph (C), a license to possess or own covered 8 fuel shall not be issued if the Secretary of En- 9 ergy and the Secretary of State make the deter- 10 mination described in subparagraph (B). 11 (B) DETERMINATION.— 12 (i) IN GENERAL.—The determination 13 referred to in subparagraph (A) is a deter- 14 mination that possession or ownership, as 15 applicable, of covered fuel poses a threat to 16 the national security of the United States 17 that adversely impacts the physical and 18 economic security of the United States. 19 (ii) JOINT DETERMINATION.—A deter- 20 mination described in clause (i) shall be 21 jointly made by the Secretary of Energy 22 and the Secretary of State. 23 (iii) TIMELINE.— 24 VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1111 RS (I) NOTICE OF APPLICATION.— 1 Not later than 30 days after the date 2 on which the Commission receives an 3 application for a license to possess or 4 own covered fuel, the Commission 5 shall notify the Secretary of Energy 6 and the Secretary of State of the ap- 7 plication. 8 (II) DETERMINATION.—The Sec- 9 retary of Energy and the Secretary of 10 State shall have a period of 180 days, 11 beginning on the date on which the 12 Commission notifies the Secretary of 13 Energy and the Secretary of State 14 under subclause (I) of an application 15 for a license to possess or own covered 16 fuel, in which to make the determina- 17 tion described in clause (i). 18 (III) COMMISSION NOTIFICA- 19 TION.—On making the determination 20 described in clause (i), the Secretary 21 of Energy and the Secretary of State 22 shall immediately notify the Commis- 23 sion. 24 VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1111 RS (IV) CONGRESSIONAL NOTIFICA- 1 TION.—Not later than 30 days after 2 the date on which the Secretary of 3 Energy and the Secretary of State no- 4 tify the Commission under subclause 5 (III), the Commission shall notify the 6 appropriate committees of Congress of 7 the determination. 8 (V) PUBLIC NOTICE.—Not later 9 than 15 days after the date on which 10 the Commission notifies Congress 11 under subclause (IV) of a determina- 12 tion made under clause (i), the Com- 13 mission shall make that determination 14 publicly available. 15 (C) EFFECT OF NO DETERMINATION.— 16 The prohibition described in subparagraph (A) 17 shall not apply if the Secretary of Energy and 18 the Secretary of State do not make the deter- 19 mination described in subparagraph (B) by the 20 date described in clause (iii)(II) of that sub- 21 paragraph. 22 (d) SAVINGS CLAUSE.—Nothing in this section alters 23 any treaty or international agreement in effect on the date 24 of enactment of this Act. 25 VerDate Sep 11 2014 00:31 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1111.RS S1111 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1111 RS SEC. 103. EXPORT LICENSE REQUIREMENTS. 1 (a) DEFINITION OF LOW-ENRICHED URANIUM.—In 2 this section, the term ‘‘low-enriched uranium’’ means ura- 3 nium enriched to less than 20 percent of the uranium- 4 235 isotope. 5 (b) REQUIREMENT.—The Commission shall not issue 6 an export license for the transfer of any item described 7 in subsection (d) to a country described in subsection (c) 8 unless the Commission makes a determination that such 9 transfer will not be inimical to the common defense and 10 security of the United States. 11 (c) COUNTRIES DESCRIBED.—A country referred to 12 in subsection (b) is a country that— 13 (1) has not concluded and ratified an Addi- 14 tional Protocol to its safeguards agreement with the 15 International Atomic Energy Age [Text truncated for display. Full text available on Congress.gov.]

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.