[115th Congress Public Law 439]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 5565]]
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
[[Page 132 STAT. 5566]]
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.
[[Page 132 STAT. 5567]]
(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
[[Page 132 STAT. 5568]]
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;
[[Page 132 STAT. 5573]]
(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
[[Page 132 STAT. 5574]]
(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.
[[Page 132 STAT. 5575]]
(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
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(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:
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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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