Overview

Title

To advance the benefits of nuclear energy by enabling efficient, timely, and predictable licensing, regulation, and deployment of nuclear energy technologies, and for other purposes.

ELI5 AI

H.R. 6544, called the "Atomic Energy Advancement Act," is like a guide to help the U.S. use nuclear energy more easily and safely by setting new rules and offering prizes to people who make smart nuclear inventions, while also making sure everything stays fair and doesn't waste money.

Summary AI

H.R. 6544, known as the "Atomic Energy Advancement Act," aims to promote the use of nuclear energy in the United States. The bill seeks to improve the licensing, regulation, and deployment processes of nuclear technologies by streamlining environmental reviews, updating rules for advanced nuclear reactors, and establishing programs for nuclear industry growth. Additionally, it addresses workforce issues within the Nuclear Regulatory Commission and encourages international cooperation and innovation in the nuclear sector to enhance American competitiveness. Overall, H.R. 6544 intends to make nuclear energy a more integral part of the country's energy strategy, enhancing both economic and national security.

Published

2024-02-16
Congress: 118
Session: 2
Chamber: HOUSE
Status: Reported in House
Date: 2024-02-16
Package ID: BILLS-118hr6544rh

Bill Statistics

Size

Sections:
14
Words:
16,720
Pages:
88
Sentences:
231

Language

Nouns: 4,723
Verbs: 1,202
Adjectives: 944
Adverbs: 135
Numbers: 712
Entities: 840

Complexity

Average Token Length:
4.32
Average Sentence Length:
72.38
Token Entropy:
5.57
Readability (ARI):
38.44

AnalysisAI

This bill, titled the "Atomic Energy Advancement Act," is a legislative proposal put forth by the United States Congress to update and improve the efficiency of processes related to nuclear energy. It primarily focuses on the Nuclear Regulatory Commission (NRC) with aims to streamline regulations, enhance licensing procedures, deploy new nuclear technologies, and encourage global cooperation in nuclear energy. Additionally, it seeks to ensure the United States remains competitive in the global nuclear market.

Summary of Significant Issues

The bill outlines several key changes and initiatives, but it presents challenges that merit attention. A major issue lies in the provisions allowing the NRC Chairman to directly hire personnel and set compensation without adhering to title 5 of U.S. Code, which could lead to inconsistencies in pay and bypass standard merit-based hiring processes. This flexibility, while aimed at addressing talent shortages, raises concerns about fairness and transparency in hiring.

Another notable aspect includes the establishment of a prize for advanced nuclear reactor licensing, specifically defining eligible recipients. This definition could be seen as favoring certain groups, potentially excluding other viable entities from participation, which may suggest partiality.

Furthermore, the bill proposes long-term power purchase agreements, limiting terms to within average market rates, potentially leading to disputes over how these rates are determined. The bill also excludes certain types of nuclear reactors from being classified under 'advanced nuclear reactors,' which could create regulatory inconsistencies.

Specific budget analyses for implementing some actions, such as those involving the development of brownfield sites for nuclear facilities, are absent. This absence could lead to unchecked expenditures and wasted resources, as financial implications are not clearly articulated.

Broad Public Impact

For the general public, this bill likely presents both opportunities and risks. On one hand, the bill's focus on expediting nuclear licensing and deployment might encourage innovation and potentially reduce energy costs in the long term. By promoting nuclear as a reliable energy source, the bill could contribute to energy security and aid in reducing greenhouse gas emissions.

However, the lack of clear guidelines in certain areas could lead to misuse of resources or uneven implementation of the bill’s provisions. Concerns around transparency and accountability, especially in hiring practices and budgetary allocations, might provoke public skepticism regarding the efficient use of taxpayer dollars.

Impact on Specific Stakeholders

For stakeholders within the nuclear industry, such as reactor developers and energy companies, the bill may offer significant benefits. Streamlined processes and the potential for financial incentives through prizes and long-term agreements could accelerate growth and technology advances in the sector. However, entities outside the specified eligibility criteria for prizes might view this as favoritism.

In contrast, environmental advocates and public interest groups might express concern over the implications of streamlined licensing and environmental reviews without detailed oversight mechanisms. There is a risk that expedited processes could compromise safety or environmental protections.

Government agencies, particularly the NRC, will need to adapt to the new processes and additional responsibilities proposed in the bill. The broad discretion given to the NRC Chairman might be seen positively as providing needed flexibility or negatively as concentrating too much power without sufficient checks.

Overall, while the bill aims to enhance the nuclear energy sector through regulatory improvements and incentives, ensuring transparency, accountability, and comprehensive financial planning will be critical in its implementation to avoid potential drawbacks.

Financial Assessment

The bill H.R. 6544, titled the "Atomic Energy Advancement Act," involves several financial references and allocations aimed at enhancing the deployment and regulation of nuclear energy technologies in the United States. This commentary examines these financial aspects and their alignment with the identified issues.

Workforce Bonuses and Hiring Authority

In Section 103, the bill outlines potential bonuses for new hires and exceptional performers within the Nuclear Regulatory Commission (NRC). Specifically, the Chairman is authorized to offer a one-time hiring bonus of up to $25,000. Additionally, employees exhibiting exceptional performance may receive a performance bonus up to $25,000. These financial incentives aim to attract and retain talent in a competitive field. However, this section raises concerns regarding potentially excessive pay rates and fairness, as these bonuses do not guarantee long-term retention of staff. Furthermore, the "Direct hire authority" provision allows hiring outside standard competitive processes, possibly compromising fairness and transparency.

Price-Anderson Act Amendments

The bill amends the Price-Anderson Act in Section 203, extending its expiration date and increasing the liability cap from $500 million to $2 billion. This amendment is essential for ensuring adequate liability coverage for nuclear incidents, aligning with the evolving nature of advanced nuclear technologies.

Feasibility of Implementing Financial Strategies

There are also references to budgets and financial strategies, particularly concerning the deployment of advanced manufacturing and construction techniques for nuclear projects. The bill includes provisions for cost estimates and budgets but lacks specific financial analysis regarding the implementation of these actions on Brownfield sites, as noted in Section 122. This absence could result in potentially wasteful spending if not monitored properly.

Power Purchase Agreements

In Section 639A, a pilot program is introduced for long-term nuclear power purchase agreements, with an emphasis on ensuring that rates do not exceed the "average market rate." However, this "average market rate" is not clearly defined, potentially leading to discrepancies in its application. The stipulation could also result in inflated costs being justified as exceptions, lacking a clear methodology, which raises concerns about transparency and accountability in financial dealings.

Overall, H.R. 6544 makes several financial allocations intended to promote nuclear energy advancement. However, there are issues related to transparency, fairness, and adequate financial oversight that need to be carefully managed to ensure efficient and effective use of resources.

Issues

  • The provision allowing the Chairman to set compensation without regard to title 5 could lead to inconsistency and potentially excessive pay rates, even though it caps at level III of the Executive Schedule. (Section 103)

  • The language allowing 'Direct hire authority' could bypass usual competitive hiring processes and merit principles, raising concerns about fairness and transparency. (Section 103)

  • The definition of 'eligible entity' for the Advanced Nuclear Reactor Prize potentially excludes other viable entities, indicating bias toward specific groups. (Section 112)

  • There is potential ambiguity in determining 'advanced market rate' for power purchase agreements, which might lead to disputes or inconsistencies in its application. (Section 639A)

  • The exclusion of nuclear fusion reactor applicants from the definition of 'advanced nuclear reactor applicant' might create regulatory inconsistency. (Section 102)

  • The stipulation that power purchase agreements cannot exceed the average market rate may lead to inflated costs being justified under exceptions, lacking clear methodology. (Section 201)

  • The provision for a one-time hiring bonus of up to $25,000 is perceived as excessive without assuring long-term retention of staff. (Section 103)

  • There is no specific budget or financial analysis provided for implementing actions on Brownfield sites, potentially leading to wasteful expenses. (Section 122)

  • The Chairman’s broad discretion in recruiting and compensating personnel without clear restrictions poses a potential risk of unchecked power, fueling concerns about waste and favoritism. (Section 103)

  • The report's section on office and facility space review lacks clear criteria for what constitutes 'necessary' space, making future audit evaluations challenging. (Section 123)

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The "Atomic Energy Advancement Act" is a legislative proposal focused on improving the efficiency and future preparedness of the Nuclear Regulatory Commission (NRC), reducing fees for advanced reactors, and enhancing nuclear siting and regulatory processes. Additionally, it aims to promote advanced nuclear technology deployment, foster global nuclear cooperation, and increase American competitiveness in the nuclear sector.

101. NRC mission alignment Read Opens in new tab

Summary AI

The Nuclear Regulatory Commission is required to update its mission statement to ensure that nuclear energy activities are licensed and regulated efficiently, highlighting nuclear energy's potential benefits to society. Additionally, the Office of Nuclear Reactor Regulation must refine its licensing processes to make them more efficient and predictable, with any policy-related changes needing approval from the Commission.

102. Nuclear licensing efficiency Read Opens in new tab

Summary AI

The bill aims to improve the efficiency of nuclear licensing by amending sections of the Atomic Energy Act and the Nuclear Energy Innovation and Modernization Act to provide faster reviews, update performance metrics regularly, exclude fusion reactors from some licensing requirements, clarify regulation limits for research facilities, and develop a regulatory framework for fusion machines.

103. Strengthening the NRC workforce Read Opens in new tab

Summary AI

The proposed amendment to the Atomic Energy Act of 1954 aims to enhance the Nuclear Regulatory Commission's (NRC) hiring flexibility and compensation strategies. It allows the NRC Chairman to directly hire skilled individuals for critical positions when there is a shortage of available candidates and to adjust salaries to attract or retain employees, all to ensure the Commission can efficiently fulfill its responsibilities.

Money References

  • — “(1) FOR NEW EMPLOYEES.—The Chairman may pay a person recruited and directly appointed under subsection (a) a 1-time hiring bonus in an amount not to exceed $25,000.
  • — “(A) IN GENERAL.—Subject to subparagraph (B), an employee or other personnel who the Chairman determines exhibited exceptional performance in a fiscal year may be paid a performance bonus in an amount not to exceed the least of— “(i) $25,000; and “(ii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code.

161B. Commission workforce Read Opens in new tab

Summary AI

The text outlines the authority given to the Chairman of the Nuclear Regulatory Commission to directly hire and set compensation for certain skilled positions when there is a shortage of suitable candidates. It allows for hiring bonuses, performance bonuses, and the use of consultants, while also requiring periodic reports and assessments to Congress about hiring trends and needs.

Money References

  • — (1) FOR NEW EMPLOYEES.—The Chairman may pay a person recruited and directly appointed under subsection (a) a 1-time hiring bonus in an amount not to exceed $25,000.
  • — (A) IN GENERAL.—Subject to subparagraph (B), an employee or other personnel who the Chairman determines exhibited exceptional performance in a fiscal year may be paid a performance bonus in an amount not to exceed the least of— (i) $25,000; and (ii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code.

111. Advanced reactor fee reduction Read Opens in new tab

Summary AI

The section amends the Nuclear Energy Innovation and Modernization Act to define terms related to advanced nuclear reactors, such as "advanced nuclear reactor applicant" and "agency support." It sets limits on fees charged to these applicants, ensuring they do not include certain indirect costs, and specifies that these rules will no longer apply after September 30, 2029. The changes will take effect on October 1, 2024.

112. Advanced nuclear reactor prize Read Opens in new tab

Summary AI

The section introduces a prize program for advanced nuclear reactor licensing, offering awards to non-federal entities and the Tennessee Valley Authority for different categories of advanced nuclear reactors if they achieve specific milestones with the Nuclear Regulatory Commission. The awards cover licensing costs and are subject to certain funding limitations, without requiring the recipient to repay or give back dividends.

121. Modernization of nuclear reactor environmental reviews Read Opens in new tab

Summary AI

The section requires the Nuclear Regulatory Commission to report to certain Senate and House committees within 90 days about its efforts to make environmental reviews of nuclear reactor applications more efficient, specifically by improving and possibly expanding the use of certain assessment processes. Within two years of the report, the Commission must create rules to further streamline these environmental reviews.

122. Nuclear for Brownfield sites Read Opens in new tab

Summary AI

The section discusses plans for using nuclear facilities at sites that were once industrial or energy production locations, known as brownfields or retired fossil fuel sites. It requires the Nuclear Regulatory Commission to evaluate regulatory adjustments to streamline licensing at these sites, consider using existing infrastructure, and involve community engagement, ultimately reporting their progress to Congress.

123. Advancement of nuclear regulatory oversight Read Opens in new tab

Summary AI

The section focuses on improving nuclear regulatory oversight by learning from the COVID-19 emergency, enhancing efficiency through risk-informed procedures, and evaluating office space needs. It calls for reports assessing and recommending changes to inspection processes, reliance on technology, and overall cost reductions for the Nuclear Regulatory Commission.

201. Advanced nuclear deployment Read Opens in new tab

Summary AI

The bill outlines measures for deploying advanced nuclear reactors, developing regulatory requirements for micro-reactors, expediting licensing for nuclear reactors based on existing designs, and establishing a pilot program for long-term power purchase agreements of nuclear power. It sets timelines for regulatory actions and requires consultation with key stakeholders to ensure these initiatives are effectively developed and implemented.

639A. Long-term nuclear power purchase agreement pilot program Read Opens in new tab

Summary AI

The section establishes a pilot program where the Secretary of Energy will create long-term agreements to buy power from new commercial nuclear reactors licensed after January 1, 2024, focusing on reliable power for national security and other significant needs. The agreements will last between 10 and 40 years, and pricing must be at or below market rates unless the power comes from reactors with unique capabilities.

202. Global nuclear cooperation Read Opens in new tab

Summary AI

The bill requires the Secretary of Energy, with input from other key officials, to conduct a study on the global nuclear energy status and develop a training program to share U.S. expertise with foreign experts, while also addressing international nuclear cooperation, export, innovation, and security concerns, including a prohibition on licensing fuel associated with Russia or China if it poses a national security threat.

203. American nuclear competitiveness Read Opens in new tab

Summary AI

The section outlines procedures to enhance the United States' nuclear competitiveness, such as updating the criteria for countries to be generally authorized nuclear destinations, easing licensing restrictions for nuclear projects involving U.S. allies, and addressing licensing issues related to advanced nuclear technologies and applications. It also proposes extending liability protections for nuclear incidents under the Price-Anderson Act and evaluates risk pooling programs related to nuclear energy.

Money References

  • (B) COST ESTIMATES, BUDGETS, AND TIMEFRAMES.—The report under paragraph (1) shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for advanced manufacturing and construction for nuclear energy projects. (e) Extension of the Price-Anderson Act.— (1) EXTENSION.—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, 2065”. (2) LIABILITY.—Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the “Price-Anderson Act”) is amended— (A) in subsection d. (5), by striking “$500,000,000” and inserting “$2,000,000,000”; and (B) in subsection e. (4), by striking “$500,000,000” and inserting “$2,000,000,000”. (3) REPORT.—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, 2061”. (4) DEFINITION OF NUCLEAR INCIDENT.—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.