Text: S.512 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-439 (01/14/2019)

 
[115th Congress Public Law 439]
[From the U.S. Government Publishing Office]



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Public Law 115-439
115th Congress

                                 An Act


 
    To modernize the regulation of nuclear energy. <<NOTE: Jan. 14, 
                           2019 -  [S. 512]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Nuclear Energy 
Innovation and Modernization Act.>> 
SECTION 1. <<NOTE: 42 USC 2011 note.>>  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. <<NOTE: 42 USC 2215 note.>> 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. <<NOTE: 42 USC 2215 note.>>  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

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        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.

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            (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

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                      reactor technologies, including activities 
                      required under section 103 of the Nuclear Energy 
                      Innovation and Modernization Act.''.

    (b) Repeal <<NOTE: 42 USC 2214 note.>> .--Effective October 1, 2020, 
section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 
2214) is repealed.
SEC. 102. <<NOTE: 42 USC 2215.>>  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

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                                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 <<NOTE: Time 
                      period. Determination.>> .--The Commission may 
                      waive, for a period of 1 year, the cap on annual 
                      charges described

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                      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 <<NOTE: Regulations.>> .--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) <<NOTE: Deadlines.>>  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.

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            (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) <<NOTE: Audits.>>  develop and implement processes to 
        audit invoices to ensure accuracy, transparency, and fairness; 
        and
            (3) <<NOTE: Regulations.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadlines. Strategies. 42 USC 2133 note.>>  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) <<NOTE: Procedures.>>  developing procedures and 
                processes for--
                          (i) using a licensing project plan; and
                          (ii) optional use of a conceptual design 
                      assessment.
            (2) Risk-informed licensing <<NOTE: Guidance.>> .--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

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                          (iv) emergency preparedness.
            (3) <<NOTE: Guidance.>>  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) <<NOTE: Regulations.>>  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;

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                    (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

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                    (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.

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            (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;

[[Page 132 STAT. 5576]]

                    (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 <<NOTE: Deadline. Publication.>> .--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

[[Page 132 STAT. 5577]]

                    (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. <<NOTE: 42 USC 2134 note.>>  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) <<NOTE: Licensing.>>  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 <<NOTE: Public information.>> .--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

[[Page 132 STAT. 5578]]

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.

[[Page 132 STAT. 5579]]

            (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) <<NOTE: Recommenda- tions.>>  recommendations to improve 
        efficiency and transparency of uranium recovery license issuance 
        and amendment reviews.
SEC. 202. PILOT PROGRAM FOR URANIUM RECOVERY FEES.

<<NOTE: Deadline.>>     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) <<NOTE: Report.>>  provide to the appropriate 
        congressional committees a report describing the results of the 
        pilot initiative under paragraph (1).

    Approved January 14, 2019.

LEGISLATIVE HISTORY--S. 512:
---------------------------------------------------------------------------

SENATE REPORTS: No. 115-86 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 164 (2018):
            Dec. 20, considered and passed Senate.
            Dec. 21, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
            Jan. 14, Presidential statement.

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