[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1320 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 1320


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2018

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
   To amend the Omnibus Budget Reconciliation Act of 1990 related to 
  Nuclear Regulatory Commission user fees and annual charges, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Utilization of Keynote 
Energy Act''.

SEC. 2. 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 a regulatory 
                        infrastructure for advanced nuclear reactor 
                        technologies (which may not exceed 
                        $10,300,000).''.
    (b) Repeal.--Effective October 1, 2020, section 6101 of the Omnibus 
Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is repealed.

SEC. 3. 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.--The Commission shall, to the maximum 
        extent practicable, use any funds made available to the 
        Commission for a fiscal year for the anticipated expenditures 
        identified under paragraph (1) for the fiscal year.
            (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 the fiscal 
                        year to the Commission--
                                    (I) from the Nuclear Waste Fund 
                                established under section 302(c) of the 
                                Nuclear Waste Policy Act of 1982 (42 
                                U.S.C. 10222(c));
                                    (II) for implementation of section 
                                3116 of the Ronald W. Reagan National 
                                Defense Authorization Act for Fiscal 
                                Year 2005 (50 U.S.C. 2601 note; Public 
                                Law 108-375);
                                    (III) for the homeland security 
                                activities of the Commission (other 
                                than for the costs of fingerprinting 
                                and background checks required under 
                                section 149 of the Atomic Energy Act of 
                                1954 (42 U.S.C. 2169) and the costs of 
                                conducting security inspections);
                                    (IV) for the Inspector General 
                                services of the Commission provided to 
                                the Defense Nuclear Facilities Safety 
                                Board;
                                    (V) for the partnership program 
                                with institutions of higher education 
                                established under section 244 of the 
                                Atomic Energy Act of 1954 (42 U.S.C. 
                                2015c); and
                                    (VI) for the scholarship and 
                                fellowship programs under section 243 
                                of the Atomic Energy Act of 1954 (42 
                                U.S.C. 2015b).
                            (iii) Costs for activities related to the 
                        development of regulatory infrastructure for 
                        advanced nuclear reactor technologies (which 
                        may not exceed $10,300,000).
                    (C) Exception.--The exclusion described in 
                subparagraph (B)(iii) shall cease to be effective on 
                January 1, 2026.
                    (D) Report.--Not later than December 31, 2023, 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 funding for the 
                activities 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 set 
                forth in 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) Fuel facilities.--
                                    (I) In general.--The total annual 
                                charges under subparagraph (A) charged 
                                to fuel facility licensees, to the 
                                maximum extent practicable, shall not 
                                exceed an amount that is equal to the 
                                total annual fees collected from the 
                                fuel facilities class under the final 
                                rule of the Commission entitled 
                                ``Revision of Fee Schedules; Fee 
                                Recovery for Fiscal Year 2016'' (81 Fed 
                                Reg. 41171 (June 24, 2016)), which 
                                amount 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) Exception.--Subclause (I) 
                                shall not apply if the number of 
                                licensed facilities classified by the 
                                Commission as fuel facilities exceeds 
                                seven.
                                    (III) Changes to annual charges.--
                                Any change in an annual charge under 
                                subparagraph (A) charged to a fuel 
                                facility licensee shall be based on--
                                            (aa) a change in the 
                                        regulatory services provided 
                                        with respect to the fuel 
                                        facility; or
                                            (bb) an adjustment 
                                        described in subclause (I).
                            (iii) Waiver.--The Commission may waive, 
                        for a period of 1 year, the cap on annual 
                        charges described in clause (i) or (ii) if the 
                        Commission submits to the Committee on 
                        Appropriations and the Committee on Environment 
                        and Public Works of the Senate and the 
                        Committee on Appropriations and the Committee 
                        on Energy and Commerce of the House of 
                        Representatives a written determination that 
                        the cap on annual charges may compromise the 
                        safety and security mission of the Commission.
                    (C) Amount per licensee.--
                            (i) In general.--The Commission shall 
                        establish by rule a schedule of annual charges 
                        fairly and equitably allocating the aggregate 
                        amount of charges described in clause (ii) 
                        among licensees and certificate holders.
                            (ii) Aggregate amount.--For purposes of 
                        this subparagraph, the aggregate amount of 
                        charges for a fiscal year shall equal an amount 
                        that approximates--
                                    (I) the amount to be collected 
                                under paragraph (1)(A) for the fiscal 
                                year; less
                                    (II) the amount of fees to be 
                                collected under paragraph (2) for the 
                                fiscal year.
                            (iii) Requirement.--The schedule of 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.--Subparagraph (A) shall not apply to 
                the holder of any license for a federally owned 
                research reactor used primarily for educational 
                training and academic research purposes.
    (c) Performance and Reporting.--
            (1) In general.--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.--If the 
        final safety evaluation for a requested activity of the 
        Commission is not completed by the completion date required by 
        the performance metrics or milestone schedule under paragraph 
        (1), the Executive Director for Operations of the Commission 
        shall, not later than 30 days after such required completion 
        date, inform the Commission of the delay.
            (3) Delays in issuance of final safety evaluation exceeding 
        180 days.--If a final safety evaluation 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 Committee on Environment and Public Works of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives 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 charged 
under subsection (b)(2), the Commission shall--
            (1) ensure appropriate review and approval prior to the 
        issuance of invoices;
            (2) develop and implement processes to audit invoices to 
        ensure accuracy, transparency, and fairness; and
            (3) modify regulations to ensure fair and appropriate 
        processes to provide licensees and applicants an opportunity to 
        efficiently dispute or otherwise seek review and correction of 
        errors in invoices for such fees.
    (e) Report.--Not later than September 30, 2022, 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 effects of such implementation and recommendations for 
improvement.
    (f) Definitions.--In this section:
            (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), 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) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (3) 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.
            (4) Research reactor.--The term ``research reactor'' means 
        a nuclear reactor that--
                    (A) 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
                    (B) if so licensed for operation at a thermal power 
                level of more than 1 megawatt, does not contain--
                            (i) a circulating loop through the core in 
                        which the licensee conducts fuel experiments;
                            (ii) a liquid fuel loading; or
                            (iii) an experimental facility in the core 
                        in excess of 16 square inches in cross-section.
            (5) 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.
    (g) Effective Date.--This section takes effect on October 1, 2020.

SEC. 4. STUDY ON ELIMINATION OF FOREIGN LICENSING RESTRICTIONS.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General shall transmit to Congress a report containing 
the results of a study on the feasibility and implications of repealing 
restrictions under sections 103 d. and 104 d. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2133(d); 2134(d)) on issuing licenses for certain 
nuclear facilities to an alien or an entity owned, controlled, or 
dominated by an alien, a foreign corporation, or a foreign government.

SEC. 5. STUDY ON THE IMPACT OF THE ELIMINATION OF MANDATORY HEARING FOR 
              UNCONTESTED LICENSING APPLICATIONS.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General shall transmit to Congress a report containing 
the results of a study on the effects of eliminating the hearings 
required under section 189 a. of the Atomic Energy Act of 1954 (42 
U.S.C. 2239(a)) for an application under section 103 or section 104 b. 
of such Act for a construction permit for a facility in the absence of 
a request of any person whose interest may be affected by the 
proceeding.

SEC. 6. INFORMAL HEARING PROCEDURES.

    Section 189 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)) 
is amended by adding at the end the following:
    ``(3) The Commission may use informal adjudicatory procedures for 
any hearing required under this section for which the Commission 
determines that adjudicatory procedures under section 554 of title 5, 
United States Code, are unnecessary.''.

SEC. 7. APPLICATION REVIEWS FOR NUCLEAR ENERGY PROJECTS.

    Section 185 of the Atomic Energy Act of 1954 (42 U.S.C. 2235) is 
amended by adding at the end the following:
    ``c. Application Reviews for Nuclear Energy Projects.--
            ``(1) Streamlining license application review.--With 
        respect to an application that is docketed seeking issuance of 
        a construction permit, operating license, or combined 
        construction permit and operating license for a production or 
        utilization facility, the Commission shall include the 
        following procedures:
                    ``(A) Undertake an environmental review process and 
                issue any draft environmental impact statement to the 
                maximum extent practicable within 24 months after the 
                application is accepted for docketing.
                    ``(B) Complete the technical review process and 
                issue any safety evaluation report and any final 
                environmental impact statement to the maximum extent 
                practicable within 42 months after the application is 
                accepted for docketing.
            ``(2) Early site permit.--
                    ``(A) Supplemental environmental impact 
                statement.--In a proceeding for a combined construction 
                permit and operating license for a site for which an 
                early site permit has been issued, any environmental 
                impact statement prepared by the Commission and 
                cooperating agencies shall be prepared as a supplement 
                to the environmental impact statement prepared for the 
                early site permit.
                    ``(B) Incorporation by reference.--The supplemental 
                environmental impact statement shall--
                            ``(i) incorporate by reference the 
                        analysis, findings, and conclusions from the 
                        environmental impact statement prepared for the 
                        early site permit; and
                            ``(ii) include additional discussion, 
                        analyses, findings, and conclusions on matters 
                        resolved in the early site permit proceeding 
                        only to the extent necessary to address 
                        information that is new and significant in that 
                        the information would materially change the 
                        prior findings or conclusions.
            ``(3) Production or utilization facility located at an 
        existing site.--In reviewing an application for an early site 
        permit, construction permit, operating license, or combined 
        construction permit and operating license for a production or 
        utilization facility located at the site of a licensed 
        production or utilization facility, the Commission shall, to 
        the extent practicable, use information that was part of the 
        licensing basis of the licensed production or utilization 
        facility.
            ``(4) Regulations.--The Commission shall initiate a 
        rulemaking, not later than 1 year after the date of enactment 
        of the Nuclear Utilization of Keynote Energy Act, to amend the 
        regulations of the Commission to implement this subsection.
            ``(5) Environmental impact statement defined.--In this 
        subsection, the term `environmental impact statement' means a 
        detailed statement required under section 102(C) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)).
            ``(6) Relationship to other law.--Nothing in this 
        subsection exempts the Commission from any requirement for full 
        compliance with section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.

SEC. 8. REPORT IDENTIFYING BEST PRACTICES FOR ESTABLISHMENT AND 
              OPERATION OF LOCAL COMMUNITY ADVISORY BOARDS.

    (a) Best Practices Report.--Not later than 18 months after the date 
of enactment of this Act, the Nuclear Regulatory Commission shall 
submit to Congress, and make publicly available, a report identifying 
best practices with respect to the establishment and operation of a 
local community advisory board to foster communication and information 
exchange between a licensee planning for and involved in 
decommissioning activities and members of the community that 
decommissioning activities may affect, including lessons learned from 
any such board in existence before the date of enactment of this Act.
    (b) Contents.--The report described in subsection (a) shall 
include--
            (1) a description of--
                    (A) the topics that could be brought before a local 
                community advisory board;
                    (B) how such a board's input could be used to 
                inform the decision-making processes of stakeholders 
                for various decommissioning activities;
                    (C) what interaction such a board could have with 
                the Nuclear Regulatory 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 in subsection 
(a), the Nuclear Regulatory Commission shall consult with any host 
State, any community within the emergency planning zone of an 
applicable nuclear facility, and any existing local community advisory 
board.

SEC. 9. REPORT ON STUDY RECOMMENDATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Nuclear Regulatory Commission shall submit to Congress a report on 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).

            Passed the House of Representatives September 25, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.