[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Enrolled Bill (ENR)]
S.512
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To modernize the regulation of nuclear energy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nuclear Energy
Innovation and Modernization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES
Sec. 101. Nuclear Regulatory Commission user fees and annual charges
through fiscal year 2020.
Sec. 102. Nuclear Regulatory Commission user fees and annual charges for
fiscal year 2021 and each fiscal year thereafter.
Sec. 103. Advanced nuclear reactor program.
Sec. 104. Baffle-former bolt guidance.
Sec. 105. Evacuation report.
Sec. 106. Encouraging private investment in research and test reactors.
Sec. 107. Commission report on accident tolerant fuel.
Sec. 108. Report identifying best practices for establishment and
operation of local community advisory boards.
Sec. 109. Report on study recommendations.
TITLE II--URANIUM
Sec. 201. Uranium recovery report.
Sec. 202. Pilot program for uranium recovery fees.
SEC. 2. PURPOSE.
The purpose of this Act is to provide--
(1) a program to develop the expertise and regulatory processes
necessary to allow innovation and the commercialization of advanced
nuclear reactors;
(2) a revised fee recovery structure to ensure the availability
of resources to meet industry needs without burdening existing
licensees unfairly for inaccurate workload projections or premature
existing reactor closures; and
(3) more efficient regulation of uranium recovery.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' means a nuclear fission or fusion reactor, including a
prototype plant (as defined in sections 50.2 and 52.1 of title 10,
Code of Federal Regulations (as in effect on the date of enactment
of this Act)), with significant improvements compared to commercial
nuclear reactors under construction as of the date of enactment of
this Act, including improvements such as--
(A) additional inherent safety features;
(B) significantly lower levelized cost of electricity;
(C) lower waste yields;
(D) greater fuel utilization;
(E) enhanced reliability;
(F) increased proliferation resistance;
(G) increased thermal efficiency; or
(H) ability to integrate into electric and nonelectric
applications.
(2) Advanced nuclear reactor fuel.--The term ``advanced nuclear
reactor fuel'' means fuel for use in an advanced nuclear reactor or
a research and test reactor, including fuel with a low uranium
enrichment level of not greater than 20 percent.
(3) Agreement state.--The term ``Agreement State'' means any
State with which the Commission has entered into an effective
agreement under section 274 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2021(b)).
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Environment and Public Works of the Senate and the Committee on
Energy and Commerce of the House of Representatives.
(5) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(6) Conceptual design assessment.--The term ``conceptual design
assessment'' means an early-stage review by the Commission that--
(A) assesses preliminary design information for consistency
with applicable regulatory requirements of the Commission;
(B) is performed on a set of topic areas agreed to in the
licensing project plan; and
(C) is performed at a cost and schedule agreed to in the
licensing project plan.
(7) Corporate support costs.--The term ``corporate support
costs'' means expenditures for acquisitions, administrative
services, financial management, human resource management,
information management, information technology, policy support,
outreach, and training, as those categories are described and
calculated in Appendix A of the Congressional Budget Justification
for Fiscal Year 2018 of the Commission.
(8) Licensing project plan.--The term ``licensing project
plan'' means a plan that describes--
(A) the interactions between an applicant and the
Commission; and
(B) project schedules and deliverables in specific detail
to support long-range resource planning undertaken by the
Commission and an applicant.
(9) Regulatory framework.--The term ``regulatory framework''
means the framework for reviewing requests for certifications,
permits, approvals, and licenses for nuclear reactors.
(10) Requested activity of the commission.--The term
``requested activity of the Commission'' means--
(A) the processing of applications for--
(i) design certifications or approvals;
(ii) licenses;
(iii) permits;
(iv) license amendments;
(v) license renewals;
(vi) certificates of compliance; and
(vii) power uprates; and
(B) any other activity requested by a licensee or
applicant.
(11) Research and test reactor.--
(A) In general.--The term ``research and test reactor''
means a reactor that--
(i) falls within the licensing and related regulatory
authority of the Commission under section 202 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5842); and
(ii) is useful in the conduct of research and
development activities as licensed under section 104 c. of
the Atomic Energy Act (42 U.S.C. 2134(c)).
(B) Exclusion.--The term ``research and test reactor'' does
not include a commercial nuclear reactor.
(12) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(13) Standard design approval.--The term ``standard design
approval'' means the approval of a final standard design or a major
portion of a final design standard as described in subpart E of
part 52 of title 10, Code of Federal Regulations (as in effect on
the date of enactment of this Act).
(14) Technology-inclusive regulatory framework.--The term
``technology-inclusive regulatory framework'' means a regulatory
framework developed using methods of evaluation that are flexible
and practicable for application to a variety of reactor
technologies, including, where appropriate, the use of risk-
informed and performance-based techniques and other tools and
methods.
(15) Topical report.--The term ``topical report'' means a
document submitted to the Commission that addresses a technical
topic related to nuclear reactor safety or design.
TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES
SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL
CHARGES THROUGH FISCAL YEAR 2020.
(a) In General.--Section 6101(c)(2)(A) of the Omnibus Budget
Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(v) amounts appropriated to the Commission for the
fiscal year for activities related to the development of
regulatory infrastructure for advanced nuclear reactor
technologies, including activities required under section
103 of the Nuclear Energy Innovation and Modernization
Act.''.
(b) Repeal.--Effective October 1, 2020, section 6101 of the Omnibus
Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is repealed.
SEC. 102. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL
CHARGES FOR FISCAL YEAR 2021 AND EACH FISCAL YEAR THEREAFTER.
(a) Annual Budget Justification.--
(1) In general.--In the annual budget justification submitted
by the Commission to Congress, the Commission shall expressly
identify anticipated expenditures necessary for completion of the
requested activities of the Commission anticipated to occur during
the applicable fiscal year.
(2) Restriction.--Budget authority granted to the Commission
for purposes of the requested activities of the Commission shall be
used, to the maximum extent practicable, solely for conducting
requested activities of the Commission.
(3) Limitation on corporate support costs.--With respect to the
annual budget justification submitted to Congress, corporate
support costs, to the maximum extent practicable, shall not exceed
the following percentages of the total budget authority of the
Commission requested in the annual budget justification:
(A) 30 percent for each of fiscal years 2021 and 2022.
(B) 29 percent for each of fiscal years 2023 and 2024.
(C) 28 percent for fiscal year 2025 and each fiscal year
thereafter.
(b) Fees and Charges.--
(1) Annual assessment.--
(A) In general.--Each fiscal year, the Commission shall
assess and collect fees and charges in accordance with
paragraphs (2) and (3) in a manner that ensures that, to the
maximum extent practicable, the amount assessed and collected
is equal to an amount that approximates--
(i) the total budget authority of the Commission for
that fiscal year; less
(ii) the budget authority of the Commission for the
activities described in subparagraph (B).
(B) Excluded activities described.--The activities referred
to in subparagraph (A)(ii) are the following:
(i) Any fee relief activity, as identified by the
Commission.
(ii) Amounts appropriated for a fiscal year to the
Commission--
(I) from the Nuclear Waste Fund established under
section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c));
(II) for implementation of section 3116 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (50 U.S.C. 2601 note; Public Law 108-
375);
(III) for the homeland security activities of the
Commission (other than for the costs of fingerprinting
and background checks required under section 149 of the
Atomic Energy Act of 1954 (42 U.S.C. 2169) and the
costs of conducting security inspections);
(IV) for the Inspector General services of the
Commission provided to the Defense Nuclear Facilities
Safety Board;
(V) for research and development at universities in
areas relevant to the mission of the Commission; and
(VI) for a nuclear science and engineering grant
program that will support multiyear projects that do
not align with programmatic missions but are critical
to maintaining the discipline of nuclear science and
engineering.
(iii) Costs for activities related to the development
of regulatory infrastructure for advanced nuclear reactor
technologies, including activities required under section
103.
(C) Exception.--The exclusion described in subparagraph
(B)(iii) shall cease to be effective on January 1, 2031.
(D) Report.--Not later than December 31, 2029, the
Commission shall submit to the Committee on Appropriations and
the Committee on Environment and Public Works of the Senate and
the Committee on Appropriations and the Committee on Energy and
Commerce of the House of Representatives a report describing
the views of the Commission on the continued appropriateness
and necessity of the funding described in subparagraph
(B)(iii).
(2) Fees for service or thing of value.--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.
(3) Annual charges.--
(A) In general.--Subject to subparagraph (B) and except as
provided in subparagraph (D), the Commission may charge to any
licensee or certificate holder of the Commission an annual
charge in addition to the fees assessed and collected under
paragraph (2).
(B) Cap on annual charges of certain licensees.--
(i) Operating reactors.--The annual charge under
subparagraph (A) charged to an operating reactor licensee,
to the maximum extent practicable, shall not exceed the
annual fee amount per operating reactor licensee
established in the final rule of the Commission entitled
``Revision of Fee Schedules; Fee Recovery for Fiscal Year
2015'' (80 Fed. Reg. 37432 (June 30, 2015)), as may be
adjusted annually by the Commission to reflect changes in
the Consumer Price Index published by the Bureau of Labor
Statistics of the Department of Labor.
(ii) Waiver.--The Commission may waive, for a period of
1 year, the cap on annual charges described in clause (i)
if the Commission submits to the Committee on
Appropriations and the Committee on Environment and Public
Works of the Senate and the Committee on Appropriations and
the Committee on Energy and Commerce of the House of
Representatives a written determination that the cap on
annual charges may compromise the safety and security
mission of the Commission.
(C) Amount per licensee.--
(i) In general.--The Commission shall establish by rule
a schedule of annual charges fairly and equitably
allocating the aggregate amount of charges described in
subparagraph (A) among licensees and certificate holders.
(ii) Requirement.--The schedule of annual charges under
clause (i)--
(I) to the maximum extent practicable, shall be
reasonably related to the cost of providing regulatory
services; and
(II) may be based on the allocation of the
resources of the Commission among licensees or
certificate holders or classes of licensees or
certificate holders.
(D) Exemption.--
(i) Definition of research reactor.--In this
subparagraph, the term ``research reactor'' means a nuclear
reactor that--
(I) is licensed by the Commission under section 104
c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c))
for operation at a thermal power level of not more than
10 megawatts; and
(II) if licensed under subclause (I) for operation
at a thermal power level of more than 1 megawatt, does
not contain--
(aa) a circulating loop through the core in
which the licensee conducts fuel experiments;
(bb) a liquid fuel loading; or
(cc) an experimental facility in the core in
excess of 16 square inches in cross-section.
(ii) Exemption.--Subparagraph (A) shall not apply to
the holder of any license for a federally owned research
reactor used primarily for educational training and
academic research purposes.
(c) Performance and Reporting.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall develop for the
requested activities of the Commission--
(A) performance metrics; and
(B) milestone schedules.
(2) Delays in issuance of final safety evaluation.--The
Executive Director for Operations of the Commission shall inform
the Commission of a delay in issuance of the final safety
evaluation for a requested activity of the Commission by the
completion date required by the performance metrics or milestone
schedule under paragraph (1) by not later than 30 days after the
completion date.
(3) Delays in issuance of final safety evaluation exceeding 180
days.--If the final safety evaluation for the requested activity of
the Commission described in paragraph (2) is not completed by the
date that is 180 days after the completion date required by the
performance metrics or milestone schedule under paragraph (1), the
Commission shall submit to the appropriate congressional committees
a timely report describing the delay, including a detailed
explanation accounting for the delay and a plan for timely
completion of the final safety evaluation.
(d) Accurate Invoicing.--With respect to invoices for fees
described in subsection (b)(2), the Commission shall--
(1) ensure appropriate review and approval prior to the
issuance of invoices;
(2) develop and implement processes to audit invoices to ensure
accuracy, transparency, and fairness; and
(3) modify regulations to ensure fair and appropriate processes
to provide licensees and applicants an opportunity to efficiently
dispute or otherwise seek review and correction of errors in
invoices for those fees.
(e) Report.--Not later than September 30, 2021, the Commission
shall submit to the Committee on Appropriations and the Committee on
Environment and Public Works of the Senate and the Committee on
Appropriations and the Committee on Energy and Commerce of the House of
Representatives a report describing the implementation of this section,
including any impacts and recommendations for improvement.
(f) Effective Date.--Except as provided in subsection (c), this
section takes effect on October 1, 2020.
SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM.
(a) Licensing.--
(1) Staged licensing.--For the purpose of predictable,
efficient, and timely reviews, not later than 270 days after the
date of enactment of this Act, the Commission shall develop and
implement, within the existing regulatory framework, strategies
for--
(A) establishing stages in the licensing process for
commercial advanced nuclear reactors; and
(B) developing procedures and processes for--
(i) using a licensing project plan; and
(ii) optional use of a conceptual design assessment.
(2) Risk-informed licensing.--Not later than 2 years after the
date of enactment of this Act, the Commission shall develop and
implement, where appropriate, strategies for the increased use of
risk-informed, performance-based licensing evaluation techniques
and guidance for commercial advanced nuclear reactors within the
existing regulatory framework, including evaluation techniques and
guidance for the resolution of the following:
(A) Applicable policy issues identified during the course
of review by the Commission of a commercial advanced nuclear
reactor licensing application.
(B) The issues described in SECY-93-092 and SECY-15-077,
including--
(i) licensing basis event selection and evaluation;
(ii) source terms;
(iii) containment performance; and
(iv) emergency preparedness.
(3) Research and test reactor licensing.--For the purpose of
predictable, efficient, and timely reviews, not later than 2 years
after the date of enactment of this Act, the Commission shall
develop and implement strategies within the existing regulatory
framework for licensing research and test reactors, including the
issuance of guidance.
(4) Technology-inclusive regulatory framework.--Not later than
December 31, 2027, the Commission shall complete a rulemaking to
establish a technology-inclusive, regulatory framework for optional
use by commercial advanced nuclear reactor applicants for new
reactor license applications.
(5) Training and expertise.--As soon as practicable after the
date of enactment of this Act, the Commission shall provide for
staff training or the hiring of experts, as necessary--
(A) to support the activities described in paragraphs (1)
through (4); and
(B) to support preparations--
(i) to conduct pre-application interactions; and
(ii) to review commercial advanced nuclear reactor
license applications.
(6) Authorization of appropriations.--There is authorized to be
appropriated to the Commission to carry out this subsection
$14,420,000 for each of fiscal years 2020 through 2024.
(b) Report To Establish Stages in the Commercial Advanced Nuclear
Reactor Licensing Process.--
(1) Report required.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate congressional committees a report for expediting and
establishing stages in the licensing process for commercial
advanced nuclear reactors that will allow implementation of the
licensing process by not later than 2 years after the date of
enactment of this Act (referred to in this subsection as the
``report'').
(2) Coordination and stakeholder input.--In developing the
report, the Commission shall seek input from the Secretary, the
nuclear energy industry, a diverse set of technology developers,
and other public stakeholders.
(3) Cost and schedule estimates.--The report shall include
proposed cost estimates, budgets, and timeframes for implementing
strategies to establish stages in the licensing process for
commercial advanced nuclear reactor technologies.
(4) Required evaluations.--Consistent with the role of the
Commission in protecting public health and safety and common
defense and security, the report shall evaluate--
(A)(i) the unique aspects of commercial advanced nuclear
reactor licensing, including the use of alternative coolants,
operation at or near atmospheric pressure, and the use of
passive safety strategies;
(ii) strategies for the qualification of advanced nuclear
reactor fuel, including the use of computer modeling and
simulation and experimental validation; and
(iii) for the purposes of predictable, efficient, and
timely reviews, any associated legal, regulatory, and policy
issues the Commission should address with regard to the
licensing of commercial advanced nuclear reactor technologies;
(B) options for licensing commercial advanced nuclear
reactors under the regulations of the Commission contained in
title 10, Code of Federal Regulations (as in effect on the date
of enactment of this Act), including--
(i) the development and use under the regulatory
framework of the Commission in effect on the date of
enactment of this Act of a licensing project plan that
could establish--
(I) milestones that--
(aa) correspond to stages of a licensing
process for the specific situation of a commercial
advanced nuclear reactor project; and
(bb) use knowledge of the ability of the
Commission to review certain design aspects; and
(II) guidelines defining the roles and
responsibilities between the Commission and the
applicant at the onset of the interaction--
(aa) to provide the foundation for effective
communication and effective project management; and
(bb) to ensure efficient progress;
(ii) the use of topical reports, standard design
approval, and other appropriate mechanisms as tools to
introduce stages into the commercial advanced nuclear
reactor licensing process, including how the licensing
project plan might structure the use of those mechanisms;
(iii) collaboration with standards-setting
organizations to identify specific technical areas for
which new or updated standards are needed and providing
assistance if appropriate to ensure the new or updated
standards are developed and finalized in a timely fashion;
(iv) the incorporation of consensus-based codes and
standards developed under clause (iii) into the regulatory
framework--
(I) to provide predictability for the regulatory
processes of the Commission; and
(II) to ensure timely completion of specific
licensing actions;
(v) the development of a process for, and the use of,
conceptual design assessments; and
(vi) identification of any policies and guidance for
staff that will be needed to implement clauses (i) and
(ii);
(C) options for improving the efficiency, timeliness, and
cost-effectiveness of licensing reviews of commercial advanced
nuclear reactors, including opportunities to minimize the
delays that may result from any necessary amendment or
supplement to an application;
(D) options for improving the predictability of the
commercial advanced nuclear reactor licensing process,
including the evaluation of opportunities to improve the
process by which application review milestones are established
and met; and
(E) the extent to which Commission action or modification
of policy is needed to implement any part of the report.
(c) Report To Increase the Use of Risk-Informed and Performance-
Based Evaluation Techniques and Regulatory Guidance.--
(1) Report required.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the
appropriate congressional committees a report for increasing, where
appropriate, the use of risk-informed and performance-based
evaluation techniques and regulatory guidance in licensing
commercial advanced nuclear reactors within the existing regulatory
framework (referred to in this subsection as the ``report'').
(2) Coordination and stakeholder input.--In developing the
report, the Commission shall seek input from the Secretary, the
nuclear energy industry, technology developers, and other public
stakeholders.
(3) Cost and schedule estimate.--The report shall include
proposed cost estimates, budgets, and timeframes for implementing a
strategy to increase the use of risk-informed and performance-based
evaluation techniques and regulatory guidance in licensing
commercial advanced nuclear reactors.
(4) Required evaluations.--Consistent with the role of the
Commission in protecting public health and safety and common
defense and security, the report shall evaluate--
(A) the ability of the Commission to develop and implement,
where appropriate, risk-informed and performance-based
licensing evaluation techniques and guidance for commercial
advanced nuclear reactors within existing regulatory frameworks
not later than 2 years after the date of enactment of this Act,
including policies and guidance for the resolution of--
(i) issues relating to--
(I) licensing basis event selection and evaluation;
(II) use of mechanistic source terms;
(III) containment performance;
(IV) emergency preparedness; and
(V) the qualification of advanced nuclear reactor
fuel; and
(ii) other policy issues previously identified; and
(B) the extent to which Commission action is needed to
implement any part of the report.
(d) Report To Prepare the Research and Test Reactor Licensing
Process.--
(1) Report required.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate congressional committees a report for preparing the
licensing process for research and test reactors within the
existing regulatory framework (referred to in this subsection as
the ``report'').
(2) Coordination and stakeholder input.--In developing the
report, the Commission shall seek input from the Secretary, the
nuclear energy industry, a diverse set of technology developers,
and other public stakeholders.
(3) Cost and schedule estimates.--The report shall include
proposed cost estimates, budgets, and timeframes for preparing the
licensing process for research and test reactors.
(4) Required evaluations.--Consistent with the role of the
Commission in protecting public health and safety and common
defense and security, the report shall evaluate--
(A) the unique aspects of research and test reactor
licensing and any associated legal, regulatory, and policy
issues the Commission should address to prepare the licensing
process for research and test reactors;
(B) the feasibility of developing guidelines for advanced
reactor demonstrations and prototypes to support the review
process for advanced reactors designs, including designs that
use alternative coolants or alternative fuels, operate at or
near atmospheric pressure, and use passive safety strategies;
and
(C) the extent to which Commission action or modification
of policy is needed to implement any part of the report.
(e) Report To Complete a Rulemaking To Establish a Technology-
Inclusive Regulatory Framework for Optional Use by Commercial Advanced
Nuclear Reactor Technologies in New Reactor License Applications and To
Enhance Commission Expertise Relating to Advanced Nuclear Reactor
Technologies.--
(1) Report required.--Not later than 30 months after the date
of enactment of this Act, the Commission shall submit to the
appropriate congressional committees a report (referred to in this
subsection as the ``report'') for--
(A) completing a rulemaking to establish a technology-
inclusive regulatory framework for optional use by applicants
in licensing commercial advanced nuclear reactor technologies
in new reactor license applications; and
(B) ensuring that the Commission has adequate expertise,
modeling, and simulation capabilities, or access to those
capabilities, to support the evaluation of commercial advanced
reactor license applications, including the qualification of
advanced nuclear reactor fuel.
(2) Coordination and stakeholder input.--In developing the
report, the Commission shall seek input from the Secretary, the
nuclear energy industry, a diverse set of technology developers,
and other public stakeholders.
(3) Cost and schedule estimate.--The report shall include
proposed cost estimates, budgets, and timeframes for developing and
implementing a technology-inclusive regulatory framework for
licensing commercial advanced nuclear reactor technologies,
including completion of a rulemaking.
(4) Required evaluations.--Consistent with the role of the
Commission in protecting public health and safety and common
defense and security, the report shall evaluate--
(A) the ability of the Commission to complete a rulemaking
to establish a technology-inclusive regulatory framework for
licensing commercial advanced nuclear reactor technologies by
December 31, 2027;
(B) the extent to which additional legislation, or
Commission action or modification of policy, is needed to
implement any part of the new regulatory framework;
(C) the need for additional Commission expertise, modeling,
and simulation capabilities, or access to those capabilities,
to support the evaluation of licensing applications for
commercial advanced nuclear reactors and research and test
reactors, including applications that use alternative coolants
or alternative fuels, operate at or near atmospheric pressure,
and use passive safety strategies; and
(D) the budgets and timeframes for acquiring or accessing
the necessary expertise to support the evaluation of license
applications for commercial advanced nuclear reactors and
research and test reactors.
SEC. 104. BAFFLE-FORMER BOLT GUIDANCE.
(a) Revisions to Guidance.--Not later than 90 days after the date
of enactment of this Act, the Commission shall publish any necessary
revisions to the guidance on the baseline examination schedule and
subsequent examination frequency for baffle-former bolts in pressurized
water reactors with down-flow configurations.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Commission shall submit to the appropriate congressional
committees--
(1) a report explaining any revisions made to the guidance
described in subsection (a); or
(2) if no revisions were made, a report explaining why the
guidance, as in effect on the date of submission of the report, is
sufficient.
SEC. 105. EVACUATION REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the appropriate
congressional committees a report describing the actions the Commission
has taken, or plans to take, to consider lessons learned since
September 11, 2001, Superstorm Sandy, Fukushima, and other recent
natural disasters regarding directed or spontaneous evacuations in
densely populated urban and suburban areas.
(b) Inclusions.--The report under subsection (a) shall--
(1) describe the actions of the Commission--
(A) to consider the results from--
(i) the State-of-the-Art Reactor Consequence Analyses
project; and
(ii) the current examination by the Commission of
emergency planning zones for small modular reactors and
advanced nuclear reactors; and
(B) to monitor international reviews, including reviews
conducted by--
(i) the United Nations Scientific Committee on the
Effects of Atomic Radiation;
(ii) the World Health Organization; and
(iii) the Fukushima Health Management Survey; and
(2) with respect to a disaster similar to a disaster described
in subsection (a), include information about--
(A) potential shadow evacuations in response to the
disaster; and
(B) what levels of self-evacuation should be expected
during the disaster, including outside the 10-mile evacuation
zone.
(c) Consultation Required.--The report under subsection (a) shall
be prepared after consultation with--
(1) the Federal Radiological Preparedness Coordinating
Committee;
(2) State emergency planning officials from States that the
Commission determines to be relevant to the report; and
(3) experts in analyzing human behavior and probable responses
to a radiological emission event.
SEC. 106. ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND TEST
REACTORS.
(a) Purpose.--The purpose of this section is to encourage private
investment in research and test reactors.
(b) Research and Development Activities.--Section 104 c. of the
Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amended--
(1) in the first sentence, by striking ``and which are not
facilities of the type specified in subsection 104 b.'' and
inserting a period; and
(2) by adding at the end the following: ``The Commission is
authorized to issue licenses under this section for utilization
facilities useful in the conduct of research and development
activities of the types specified in section 31 in which the
licensee sells research and testing services and energy to others,
subject to the condition that the licensee shall recover not more
than 75 percent of the annual costs to the licensee of owning and
operating the facility through sales of nonenergy services, energy,
or both, other than research and development or education and
training, of which not more than 50 percent may be through sales of
energy.''.
SEC. 107. COMMISSION REPORT ON ACCIDENT TOLERANT FUEL.
(a) Definition of Accident Tolerant Fuel.--In this section, the
term ``accident tolerant fuel'' means a new technology that--
(1) makes an existing commercial nuclear reactor more resistant
to a nuclear incident (as defined in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014)); and
(2) lowers the cost of electricity over the licensed lifetime
of an existing commercial nuclear reactor.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to Congress a report
describing the status of the licensing process of the Commission for
accident tolerant fuel.
SEC. 108. REPORT IDENTIFYING BEST PRACTICES FOR ESTABLISHMENT AND
OPERATION OF LOCAL COMMUNITY ADVISORY BOARDS.
(a) Best Practices Report.--Not later than 18 months after the date
of enactment of this Act, the Commission shall submit to Congress, and
make publicly available, a report identifying best practices with
respect to the establishment and operation of a local community
advisory board 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,
including lessons learned from any such board in existence before the
date of enactment of this Act.
(b) Contents.--The report described in subsection (a) shall
include--
(1) a description of--
(A) the topics that could be brought before a local
community advisory board;
(B) how such a board's input could be used to inform the
decision-making processes of stakeholders for various
decommissioning activities;
(C) what interactions such a board could have with the
Commission and other Federal regulatory bodies to support the
board members' overall understanding of the decommissioning
process and promote dialogue between the affected stakeholders
and the licensee involved in decommissioning activities; and
(D) how such a board could offer opportunities for public
engagement throughout all phases of the decommissioning
process;
(2) a discussion of the composition of a local community
advisory board; and
(3) best practices relating to the establishment and operation
of a local community advisory board, including--
(A) the time of establishment of such a board;
(B) the frequency of meetings of such a board;
(C) the selection of board members;
(D) the term of board members;
(E) the responsibility for logistics required to support
such a board's meetings and other routine activities; and
(F) any other best practices relating to such a local
community advisory board that are identified by the Commission.
(c) Consultation.--In developing the report described under
subsection (a), the Commission shall consult with any host State, any
community within the emergency planning zone of an applicable nuclear
power reactor, and any existing local community advisory board.
(d) Public Meetings.--
(1) In general.--The consultation required under subsection (c)
shall include public meetings.
(2) Public participation.--The public meetings under paragraph
(1) shall be conducted under the requirements applicable to
category 3 meetings under the policy statement of the Commission
entitled ``Enhancing Public Participation in NRC Meetings; Policy
Statement'' (67 Fed. Reg. 36920 (May 28, 2002)) (or a successor
policy statement).
(3) Number of meetings.--
(A) In general.--The Commission shall conduct not less than
10 public meetings under paragraph (1) in locations that ensure
geographic diversity across the United States.
(B) Priority.--In determining locations in which to conduct
a public meeting under subparagraph (A), the Commission shall
give priority to States that--
(i) have a nuclear power reactor currently undergoing
the decommissioning process; and
(ii) request a public meeting under this paragraph.
(4) Written summary.--The report under subsection (a) shall
include a written summary of the public meetings conducted under
paragraph (1).
SEC. 109. REPORT ON STUDY RECOMMENDATIONS.
Not later than 90 days after the date of enactment of this Act, the
Commission shall submit to Congress a report describing the status of
addressing and implementing the recommendations contained in the
memorandum of the Executive Director of Operations of the Commission
entitled ``Tasking in Response to the Assessment of the Considerations
Identified in a `Study of Reprisal and Chilling Effect for Raising
Mission-Related Concerns and Differing Views at the Nuclear Regulatory
Commission''' and dated June 19, 2018 (ADAMS Accession No.:
ML18165A296).
TITLE II--URANIUM
SEC. 201. URANIUM RECOVERY REPORT.
Not later than 90 days after the date of enactment of this Act, the
Commission shall submit to the appropriate congressional committees a
report describing--
(1) the duration of uranium recovery license issuance and
amendment reviews; and
(2) recommendations to improve efficiency and transparency of
uranium recovery license issuance and amendment reviews.
SEC. 202. PILOT PROGRAM FOR URANIUM RECOVERY FEES.
Not later than 1 year after the date of enactment of this Act, the
Commission shall--
(1) complete a voluntary pilot initiative to determine the
feasibility of the establishment of a flat fee structure for
routine licensing matters relating to uranium recovery; and
(2) provide to the appropriate congressional committees a
report describing the results of the pilot initiative under
paragraph (1).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.