[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Enrolled Bill (ENR)]

        S.512

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
             To modernize the regulation of nuclear energy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Nuclear Energy 
Innovation and Modernization Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.

            TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

Sec. 101. Nuclear Regulatory Commission user fees and annual charges 
          through fiscal year 2020.
Sec. 102. Nuclear Regulatory Commission user fees and annual charges for 
          fiscal year 2021 and each fiscal year thereafter.
Sec. 103. Advanced nuclear reactor program.
Sec. 104. Baffle-former bolt guidance.
Sec. 105. Evacuation report.
Sec. 106. Encouraging private investment in research and test reactors.
Sec. 107. Commission report on accident tolerant fuel.
Sec. 108. Report identifying best practices for establishment and 
          operation of local community advisory boards.
Sec. 109. Report on study recommendations.

                            TITLE II--URANIUM

Sec. 201. Uranium recovery report.
Sec. 202. Pilot program for uranium recovery fees.
SEC. 2. PURPOSE.
    The purpose of this Act is to provide--
        (1) a program to develop the expertise and regulatory processes 
    necessary to allow innovation and the commercialization of advanced 
    nuclear reactors;
        (2) a revised fee recovery structure to ensure the availability 
    of resources to meet industry needs without burdening existing 
    licensees unfairly for inaccurate workload projections or premature 
    existing reactor closures; and
        (3) more efficient regulation of uranium recovery.
SEC. 3. DEFINITIONS.
    In this Act:
        (1) Advanced nuclear reactor.--The term ``advanced nuclear 
    reactor'' means a nuclear fission or fusion reactor, including a 
    prototype plant (as defined in sections 50.2 and 52.1 of title 10, 
    Code of Federal Regulations (as in effect on the date of enactment 
    of this Act)), with significant improvements compared to commercial 
    nuclear reactors under construction as of the date of enactment of 
    this Act, including improvements such as--
            (A) additional inherent safety features;
            (B) significantly lower levelized cost of electricity;
            (C) lower waste yields;
            (D) greater fuel utilization;
            (E) enhanced reliability;
            (F) increased proliferation resistance;
            (G) increased thermal efficiency; or
            (H) ability to integrate into electric and nonelectric 
        applications.
        (2) Advanced nuclear reactor fuel.--The term ``advanced nuclear 
    reactor fuel'' means fuel for use in an advanced nuclear reactor or 
    a research and test reactor, including fuel with a low uranium 
    enrichment level of not greater than 20 percent.
        (3) Agreement state.--The term ``Agreement State'' means any 
    State with which the Commission has entered into an effective 
    agreement under section 274 b. of the Atomic Energy Act of 1954 (42 
    U.S.C. 2021(b)).
        (4) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Environment and Public Works of the Senate and the Committee on 
    Energy and Commerce of the House of Representatives.
        (5) Commission.--The term ``Commission'' means the Nuclear 
    Regulatory Commission.
        (6) Conceptual design assessment.--The term ``conceptual design 
    assessment'' means an early-stage review by the Commission that--
            (A) assesses preliminary design information for consistency 
        with applicable regulatory requirements of the Commission;
            (B) is performed on a set of topic areas agreed to in the 
        licensing project plan; and
            (C) is performed at a cost and schedule agreed to in the 
        licensing project plan.
        (7) Corporate support costs.--The term ``corporate support 
    costs'' means expenditures for acquisitions, administrative 
    services, financial management, human resource management, 
    information management, information technology, policy support, 
    outreach, and training, as those categories are described and 
    calculated in Appendix A of the Congressional Budget Justification 
    for Fiscal Year 2018 of the Commission.
        (8) Licensing project plan.--The term ``licensing project 
    plan'' means a plan that describes--
            (A) the interactions between an applicant and the 
        Commission; and
            (B) project schedules and deliverables in specific detail 
        to support long-range resource planning undertaken by the 
        Commission and an applicant.
        (9) Regulatory framework.--The term ``regulatory framework'' 
    means the framework for reviewing requests for certifications, 
    permits, approvals, and licenses for nuclear reactors.
        (10) Requested activity of the commission.--The term 
    ``requested activity of the Commission'' means--
            (A) the processing of applications for--
                (i) design certifications or approvals;
                (ii) licenses;
                (iii) permits;
                (iv) license amendments;
                (v) license renewals;
                (vi) certificates of compliance; and
                (vii) power uprates; and
            (B) any other activity requested by a licensee or 
        applicant.
        (11) Research and test reactor.--
            (A) In general.--The term ``research and test reactor'' 
        means a reactor that--
                (i) falls within the licensing and related regulatory 
            authority of the Commission under section 202 of the Energy 
            Reorganization Act of 1974 (42 U.S.C. 5842); and
                (ii) is useful in the conduct of research and 
            development activities as licensed under section 104 c. of 
            the Atomic Energy Act (42 U.S.C. 2134(c)).
            (B) Exclusion.--The term ``research and test reactor'' does 
        not include a commercial nuclear reactor.
        (12) Secretary.--The term ``Secretary'' means the Secretary of 
    Energy.
        (13) Standard design approval.--The term ``standard design 
    approval'' means the approval of a final standard design or a major 
    portion of a final design standard as described in subpart E of 
    part 52 of title 10, Code of Federal Regulations (as in effect on 
    the date of enactment of this Act).
        (14) Technology-inclusive regulatory framework.--The term 
    ``technology-inclusive regulatory framework'' means a regulatory 
    framework developed using methods of evaluation that are flexible 
    and practicable for application to a variety of reactor 
    technologies, including, where appropriate, the use of risk-
    informed and performance-based techniques and other tools and 
    methods.
        (15) Topical report.--The term ``topical report'' means a 
    document submitted to the Commission that addresses a technical 
    topic related to nuclear reactor safety or design.

            TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

    SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL 
      CHARGES THROUGH FISCAL YEAR 2020.
    (a) In General.--Section 6101(c)(2)(A) of the Omnibus Budget 
Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
        (1) in clause (iii), by striking ``and'' at the end;
        (2) in clause (iv), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
                ``(v) amounts appropriated to the Commission for the 
            fiscal year for activities related to the development of 
            regulatory infrastructure for advanced nuclear reactor 
            technologies, including activities required under section 
            103 of the Nuclear Energy Innovation and Modernization 
            Act.''.
    (b) Repeal.--Effective October 1, 2020, section 6101 of the Omnibus 
Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is repealed.
    SEC. 102. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL 
      CHARGES FOR FISCAL YEAR 2021 AND EACH FISCAL YEAR THEREAFTER.
    (a) Annual Budget Justification.--
        (1) In general.--In the annual budget justification submitted 
    by the Commission to Congress, the Commission shall expressly 
    identify anticipated expenditures necessary for completion of the 
    requested activities of the Commission anticipated to occur during 
    the applicable fiscal year.
        (2) Restriction.--Budget authority granted to the Commission 
    for purposes of the requested activities of the Commission shall be 
    used, to the maximum extent practicable, solely for conducting 
    requested activities of the Commission.
        (3) Limitation on corporate support costs.--With respect to the 
    annual budget justification submitted to Congress, corporate 
    support costs, to the maximum extent practicable, shall not exceed 
    the following percentages of the total budget authority of the 
    Commission requested in the annual budget justification:
            (A) 30 percent for each of fiscal years 2021 and 2022.
            (B) 29 percent for each of fiscal years 2023 and 2024.
            (C) 28 percent for fiscal year 2025 and each fiscal year 
        thereafter.
    (b) Fees and Charges.--
        (1) Annual assessment.--
            (A) In general.--Each fiscal year, the Commission shall 
        assess and collect fees and charges in accordance with 
        paragraphs (2) and (3) in a manner that ensures that, to the 
        maximum extent practicable, the amount assessed and collected 
        is equal to an amount that approximates--
                (i) the total budget authority of the Commission for 
            that fiscal year; less
                (ii) the budget authority of the Commission for the 
            activities described in subparagraph (B).
            (B) Excluded activities described.--The activities referred 
        to in subparagraph (A)(ii) are the following:
                (i) Any fee relief activity, as identified by the 
            Commission.
                (ii) Amounts appropriated for a fiscal year to the 
            Commission--

                    (I) from the Nuclear Waste Fund established under 
                section 302(c) of the Nuclear Waste Policy Act of 1982 
                (42 U.S.C. 10222(c));
                    (II) for implementation of section 3116 of the 
                Ronald W. Reagan National Defense Authorization Act for 
                Fiscal Year 2005 (50 U.S.C. 2601 note; Public Law 108-
                375);
                    (III) for the homeland security activities of the 
                Commission (other than for the costs of fingerprinting 
                and background checks required under section 149 of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2169) and the 
                costs of conducting security inspections);
                    (IV) for the Inspector General services of the 
                Commission provided to the Defense Nuclear Facilities 
                Safety Board;
                    (V) for research and development at universities in 
                areas relevant to the mission of the Commission; and
                    (VI) for a nuclear science and engineering grant 
                program that will support multiyear projects that do 
                not align with programmatic missions but are critical 
                to maintaining the discipline of nuclear science and 
                engineering.

                (iii) Costs for activities related to the development 
            of regulatory infrastructure for advanced nuclear reactor 
            technologies, including activities required under section 
            103.
            (C) Exception.--The exclusion described in subparagraph 
        (B)(iii) shall cease to be effective on January 1, 2031.
            (D) Report.--Not later than December 31, 2029, the 
        Commission shall submit to the Committee on Appropriations and 
        the Committee on Environment and Public Works of the Senate and 
        the Committee on Appropriations and the Committee on Energy and 
        Commerce of the House of Representatives a report describing 
        the views of the Commission on the continued appropriateness 
        and necessity of the funding described in subparagraph 
        (B)(iii).
        (2) Fees for service or thing of value.--In accordance with 
    section 9701 of title 31, United States Code, the Commission shall 
    assess and collect fees from any person who receives a service or 
    thing of value from the Commission to cover the costs to the 
    Commission of providing the service or thing of value.
        (3) Annual charges.--
            (A) In general.--Subject to subparagraph (B) and except as 
        provided in subparagraph (D), the Commission may charge to any 
        licensee or certificate holder of the Commission an annual 
        charge in addition to the fees assessed and collected under 
        paragraph (2).
            (B) Cap on annual charges of certain licensees.--
                (i) Operating reactors.--The annual charge under 
            subparagraph (A) charged to an operating reactor licensee, 
            to the maximum extent practicable, shall not exceed the 
            annual fee amount per operating reactor licensee 
            established in the final rule of the Commission entitled 
            ``Revision of Fee Schedules; Fee Recovery for Fiscal Year 
            2015'' (80 Fed. Reg. 37432 (June 30, 2015)), as may be 
            adjusted annually by the Commission to reflect changes in 
            the Consumer Price Index published by the Bureau of Labor 
            Statistics of the Department of Labor.
                (ii) Waiver.--The Commission may waive, for a period of 
            1 year, the cap on annual charges described in clause (i) 
            if the Commission submits to the Committee on 
            Appropriations and the Committee on Environment and Public 
            Works of the Senate and the Committee on Appropriations and 
            the Committee on Energy and Commerce of the House of 
            Representatives a written determination that the cap on 
            annual charges may compromise the safety and security 
            mission of the Commission.
            (C) Amount per licensee.--
                (i) In general.--The Commission shall establish by rule 
            a schedule of annual charges fairly and equitably 
            allocating the aggregate amount of charges described in 
            subparagraph (A) among licensees and certificate holders.
                (ii) Requirement.--The schedule of annual charges under 
            clause (i)--

                    (I) to the maximum extent practicable, shall be 
                reasonably related to the cost of providing regulatory 
                services; and
                    (II) may be based on the allocation of the 
                resources of the Commission among licensees or 
                certificate holders or classes of licensees or 
                certificate holders.

            (D) Exemption.--
                (i) Definition of research reactor.--In this 
            subparagraph, the term ``research reactor'' means a nuclear 
            reactor that--

                    (I) is licensed by the Commission under section 104 
                c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) 
                for operation at a thermal power level of not more than 
                10 megawatts; and
                    (II) if licensed under subclause (I) for operation 
                at a thermal power level of more than 1 megawatt, does 
                not contain--

                        (aa) a circulating loop through the core in 
                    which the licensee conducts fuel experiments;
                        (bb) a liquid fuel loading; or
                        (cc) an experimental facility in the core in 
                    excess of 16 square inches in cross-section.
                (ii) Exemption.--Subparagraph (A) shall not apply to 
            the holder of any license for a federally owned research 
            reactor used primarily for educational training and 
            academic research purposes.
    (c) Performance and Reporting.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Commission shall develop for the 
    requested activities of the Commission--
            (A) performance metrics; and
            (B) milestone schedules.
        (2) Delays in issuance of final safety evaluation.--The 
    Executive Director for Operations of the Commission shall inform 
    the Commission of a delay in issuance of the final safety 
    evaluation for a requested activity of the Commission by the 
    completion date required by the performance metrics or milestone 
    schedule under paragraph (1) by not later than 30 days after the 
    completion date.
        (3) Delays in issuance of final safety evaluation exceeding 180 
    days.--If the final safety evaluation for the requested activity of 
    the Commission described in paragraph (2) is not completed by the 
    date that is 180 days after the completion date required by the 
    performance metrics or milestone schedule under paragraph (1), the 
    Commission shall submit to the appropriate congressional committees 
    a timely report describing the delay, including a detailed 
    explanation accounting for the delay and a plan for timely 
    completion of the final safety evaluation.
    (d) Accurate Invoicing.--With respect to invoices for fees 
described in subsection (b)(2), the Commission shall--
        (1) ensure appropriate review and approval prior to the 
    issuance of invoices;
        (2) develop and implement processes to audit invoices to ensure 
    accuracy, transparency, and fairness; and
        (3) modify regulations to ensure fair and appropriate processes 
    to provide licensees and applicants an opportunity to efficiently 
    dispute or otherwise seek review and correction of errors in 
    invoices for those fees.
    (e) Report.--Not later than September 30, 2021, the Commission 
shall submit to the Committee on Appropriations and the Committee on 
Environment and Public Works of the Senate and the Committee on 
Appropriations and the Committee on Energy and Commerce of the House of 
Representatives a report describing the implementation of this section, 
including any impacts and recommendations for improvement.
    (f) Effective Date.--Except as provided in subsection (c), this 
section takes effect on October 1, 2020.
    SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM.
    (a) Licensing.--
        (1) Staged licensing.--For the purpose of predictable, 
    efficient, and timely reviews, not later than 270 days after the 
    date of enactment of this Act, the Commission shall develop and 
    implement, within the existing regulatory framework, strategies 
    for--
            (A) establishing stages in the licensing process for 
        commercial advanced nuclear reactors; and
            (B) developing procedures and processes for--
                (i) using a licensing project plan; and
                (ii) optional use of a conceptual design assessment.
        (2) Risk-informed licensing.--Not later than 2 years after the 
    date of enactment of this Act, the Commission shall develop and 
    implement, where appropriate, strategies for the increased use of 
    risk-informed, performance-based licensing evaluation techniques 
    and guidance for commercial advanced nuclear reactors within the 
    existing regulatory framework, including evaluation techniques and 
    guidance for the resolution of the following:
            (A) Applicable policy issues identified during the course 
        of review by the Commission of a commercial advanced nuclear 
        reactor licensing application.
            (B) The issues described in SECY-93-092 and SECY-15-077, 
        including--
                (i) licensing basis event selection and evaluation;
                (ii) source terms;
                (iii) containment performance; and
                (iv) emergency preparedness.
        (3) Research and test reactor licensing.--For the purpose of 
    predictable, efficient, and timely reviews, not later than 2 years 
    after the date of enactment of this Act, the Commission shall 
    develop and implement strategies within the existing regulatory 
    framework for licensing research and test reactors, including the 
    issuance of guidance.
        (4) Technology-inclusive regulatory framework.--Not later than 
    December 31, 2027, the Commission shall complete a rulemaking to 
    establish a technology-inclusive, regulatory framework for optional 
    use by commercial advanced nuclear reactor applicants for new 
    reactor license applications.
        (5) Training and expertise.--As soon as practicable after the 
    date of enactment of this Act, the Commission shall provide for 
    staff training or the hiring of experts, as necessary--
            (A) to support the activities described in paragraphs (1) 
        through (4); and
            (B) to support preparations--
                (i) to conduct pre-application interactions; and
                (ii) to review commercial advanced nuclear reactor 
            license applications.
        (6) Authorization of appropriations.--There is authorized to be 
    appropriated to the Commission to carry out this subsection 
    $14,420,000 for each of fiscal years 2020 through 2024.
    (b) Report To Establish Stages in the Commercial Advanced Nuclear 
Reactor Licensing Process.--
        (1) Report required.--Not later than 180 days after the date of 
    enactment of this Act, the Commission shall submit to the 
    appropriate congressional committees a report for expediting and 
    establishing stages in the licensing process for commercial 
    advanced nuclear reactors that will allow implementation of the 
    licensing process by not later than 2 years after the date of 
    enactment of this Act (referred to in this subsection as the 
    ``report'').
        (2) Coordination and stakeholder input.--In developing the 
    report, the Commission shall seek input from the Secretary, the 
    nuclear energy industry, a diverse set of technology developers, 
    and other public stakeholders.
        (3) Cost and schedule estimates.--The report shall include 
    proposed cost estimates, budgets, and timeframes for implementing 
    strategies to establish stages in the licensing process for 
    commercial advanced nuclear reactor technologies.
        (4) Required evaluations.--Consistent with the role of the 
    Commission in protecting public health and safety and common 
    defense and security, the report shall evaluate--
            (A)(i) the unique aspects of commercial advanced nuclear 
        reactor licensing, including the use of alternative coolants, 
        operation at or near atmospheric pressure, and the use of 
        passive safety strategies;
            (ii) strategies for the qualification of advanced nuclear 
        reactor fuel, including the use of computer modeling and 
        simulation and experimental validation; and
            (iii) for the purposes of predictable, efficient, and 
        timely reviews, any associated legal, regulatory, and policy 
        issues the Commission should address with regard to the 
        licensing of commercial advanced nuclear reactor technologies;
            (B) options for licensing commercial advanced nuclear 
        reactors under the regulations of the Commission contained in 
        title 10, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act), including--
                (i) the development and use under the regulatory 
            framework of the Commission in effect on the date of 
            enactment of this Act of a licensing project plan that 
            could establish--

                    (I) milestones that--

                        (aa) correspond to stages of a licensing 
                    process for the specific situation of a commercial 
                    advanced nuclear reactor project; and
                        (bb) use knowledge of the ability of the 
                    Commission to review certain design aspects; and

                    (II) guidelines defining the roles and 
                responsibilities between the Commission and the 
                applicant at the onset of the interaction--

                        (aa) to provide the foundation for effective 
                    communication and effective project management; and
                        (bb) to ensure efficient progress;
                (ii) the use of topical reports, standard design 
            approval, and other appropriate mechanisms as tools to 
            introduce stages into the commercial advanced nuclear 
            reactor licensing process, including how the licensing 
            project plan might structure the use of those mechanisms;
                (iii) collaboration with standards-setting 
            organizations to identify specific technical areas for 
            which new or updated standards are needed and providing 
            assistance if appropriate to ensure the new or updated 
            standards are developed and finalized in a timely fashion;
                (iv) the incorporation of consensus-based codes and 
            standards developed under clause (iii) into the regulatory 
            framework--

                    (I) to provide predictability for the regulatory 
                processes of the Commission; and
                    (II) to ensure timely completion of specific 
                licensing actions;

                (v) the development of a process for, and the use of, 
            conceptual design assessments; and
                (vi) identification of any policies and guidance for 
            staff that will be needed to implement clauses (i) and 
            (ii);
            (C) options for improving the efficiency, timeliness, and 
        cost-effectiveness of licensing reviews of commercial advanced 
        nuclear reactors, including opportunities to minimize the 
        delays that may result from any necessary amendment or 
        supplement to an application;
            (D) options for improving the predictability of the 
        commercial advanced nuclear reactor licensing process, 
        including the evaluation of opportunities to improve the 
        process by which application review milestones are established 
        and met; and
            (E) the extent to which Commission action or modification 
        of policy is needed to implement any part of the report.
    (c) Report To Increase the Use of Risk-Informed and Performance-
Based Evaluation Techniques and Regulatory Guidance.--
        (1) Report required.--Not later than 180 days after the date of 
    enactment of this Act, the Commission shall submit to the 
    appropriate congressional committees a report for increasing, where 
    appropriate, the use of risk-informed and performance-based 
    evaluation techniques and regulatory guidance in licensing 
    commercial advanced nuclear reactors within the existing regulatory 
    framework (referred to in this subsection as the ``report'').
        (2) Coordination and stakeholder input.--In developing the 
    report, the Commission shall seek input from the Secretary, the 
    nuclear energy industry, technology developers, and other public 
    stakeholders.
        (3) Cost and schedule estimate.--The report shall include 
    proposed cost estimates, budgets, and timeframes for implementing a 
    strategy to increase the use of risk-informed and performance-based 
    evaluation techniques and regulatory guidance in licensing 
    commercial advanced nuclear reactors.
        (4) Required evaluations.--Consistent with the role of the 
    Commission in protecting public health and safety and common 
    defense and security, the report shall evaluate--
            (A) the ability of the Commission to develop and implement, 
        where appropriate, risk-informed and performance-based 
        licensing evaluation techniques and guidance for commercial 
        advanced nuclear reactors within existing regulatory frameworks 
        not later than 2 years after the date of enactment of this Act, 
        including policies and guidance for the resolution of--
                (i) issues relating to--

                    (I) licensing basis event selection and evaluation;
                    (II) use of mechanistic source terms;
                    (III) containment performance;
                    (IV) emergency preparedness; and
                    (V) the qualification of advanced nuclear reactor 
                fuel; and

                (ii) other policy issues previously identified; and
            (B) the extent to which Commission action is needed to 
        implement any part of the report.
    (d) Report To Prepare the Research and Test Reactor Licensing 
Process.--
        (1) Report required.--Not later than 1 year after the date of 
    enactment of this Act, the Commission shall submit to the 
    appropriate congressional committees a report for preparing the 
    licensing process for research and test reactors within the 
    existing regulatory framework (referred to in this subsection as 
    the ``report'').
        (2) Coordination and stakeholder input.--In developing the 
    report, the Commission shall seek input from the Secretary, the 
    nuclear energy industry, a diverse set of technology developers, 
    and other public stakeholders.
        (3) Cost and schedule estimates.--The report shall include 
    proposed cost estimates, budgets, and timeframes for preparing the 
    licensing process for research and test reactors.
        (4) Required evaluations.--Consistent with the role of the 
    Commission in protecting public health and safety and common 
    defense and security, the report shall evaluate--
            (A) the unique aspects of research and test reactor 
        licensing and any associated legal, regulatory, and policy 
        issues the Commission should address to prepare the licensing 
        process for research and test reactors;
            (B) the feasibility of developing guidelines for advanced 
        reactor demonstrations and prototypes to support the review 
        process for advanced reactors designs, including designs that 
        use alternative coolants or alternative fuels, operate at or 
        near atmospheric pressure, and use passive safety strategies; 
        and
            (C) the extent to which Commission action or modification 
        of policy is needed to implement any part of the report.
    (e) Report To Complete a Rulemaking To Establish a Technology-
Inclusive Regulatory Framework for Optional Use by Commercial Advanced 
Nuclear Reactor Technologies in New Reactor License Applications and To 
Enhance Commission Expertise Relating to Advanced Nuclear Reactor 
Technologies.--
        (1) Report required.--Not later than 30 months after the date 
    of enactment of this Act, the Commission shall submit to the 
    appropriate congressional committees a report (referred to in this 
    subsection as the ``report'') for--
            (A) completing a rulemaking to establish a technology-
        inclusive regulatory framework for optional use by applicants 
        in licensing commercial advanced nuclear reactor technologies 
        in new reactor license applications; and
            (B) ensuring that the Commission has adequate expertise, 
        modeling, and simulation capabilities, or access to those 
        capabilities, to support the evaluation of commercial advanced 
        reactor license applications, including the qualification of 
        advanced nuclear reactor fuel.
        (2) Coordination and stakeholder input.--In developing the 
    report, the Commission shall seek input from the Secretary, the 
    nuclear energy industry, a diverse set of technology developers, 
    and other public stakeholders.
        (3) Cost and schedule estimate.--The report shall include 
    proposed cost estimates, budgets, and timeframes for developing and 
    implementing a technology-inclusive regulatory framework for 
    licensing commercial advanced nuclear reactor technologies, 
    including completion of a rulemaking.
        (4) Required evaluations.--Consistent with the role of the 
    Commission in protecting public health and safety and common 
    defense and security, the report shall evaluate--
            (A) the ability of the Commission to complete a rulemaking 
        to establish a technology-inclusive regulatory framework for 
        licensing commercial advanced nuclear reactor technologies by 
        December 31, 2027;
            (B) the extent to which additional legislation, or 
        Commission action or modification of policy, is needed to 
        implement any part of the new regulatory framework;
            (C) the need for additional Commission expertise, modeling, 
        and simulation capabilities, or access to those capabilities, 
        to support the evaluation of licensing applications for 
        commercial advanced nuclear reactors and research and test 
        reactors, including applications that use alternative coolants 
        or alternative fuels, operate at or near atmospheric pressure, 
        and use passive safety strategies; and
            (D) the budgets and timeframes for acquiring or accessing 
        the necessary expertise to support the evaluation of license 
        applications for commercial advanced nuclear reactors and 
        research and test reactors.
    SEC. 104. BAFFLE-FORMER BOLT GUIDANCE.
    (a) Revisions to Guidance.--Not later than 90 days after the date 
of enactment of this Act, the Commission shall publish any necessary 
revisions to the guidance on the baseline examination schedule and 
subsequent examination frequency for baffle-former bolts in pressurized 
water reactors with down-flow configurations.
    (b) Report.--Not later than 90 days after the date of enactment of 
this Act, the Commission shall submit to the appropriate congressional 
committees--
        (1) a report explaining any revisions made to the guidance 
    described in subsection (a); or
        (2) if no revisions were made, a report explaining why the 
    guidance, as in effect on the date of submission of the report, is 
    sufficient.
    SEC. 105. EVACUATION REPORT.
    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall submit to the appropriate 
congressional committees a report describing the actions the Commission 
has taken, or plans to take, to consider lessons learned since 
September 11, 2001, Superstorm Sandy, Fukushima, and other recent 
natural disasters regarding directed or spontaneous evacuations in 
densely populated urban and suburban areas.
    (b) Inclusions.--The report under subsection (a) shall--
        (1) describe the actions of the Commission--
            (A) to consider the results from--
                (i) the State-of-the-Art Reactor Consequence Analyses 
            project; and
                (ii) the current examination by the Commission of 
            emergency planning zones for small modular reactors and 
            advanced nuclear reactors; and
            (B) to monitor international reviews, including reviews 
        conducted by--
                (i) the United Nations Scientific Committee on the 
            Effects of Atomic Radiation;
                (ii) the World Health Organization; and
                (iii) the Fukushima Health Management Survey; and
        (2) with respect to a disaster similar to a disaster described 
    in subsection (a), include information about--
            (A) potential shadow evacuations in response to the 
        disaster; and
            (B) what levels of self-evacuation should be expected 
        during the disaster, including outside the 10-mile evacuation 
        zone.
    (c) Consultation Required.--The report under subsection (a) shall 
be prepared after consultation with--
        (1) the Federal Radiological Preparedness Coordinating 
    Committee;
        (2) State emergency planning officials from States that the 
    Commission determines to be relevant to the report; and
        (3) experts in analyzing human behavior and probable responses 
    to a radiological emission event.
    SEC. 106. ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND TEST 
      REACTORS.
    (a) Purpose.--The purpose of this section is to encourage private 
investment in research and test reactors.
    (b) Research and Development Activities.--Section 104 c. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is amended--
        (1) in the first sentence, by striking ``and which are not 
    facilities of the type specified in subsection 104 b.'' and 
    inserting a period; and
        (2) by adding at the end the following: ``The Commission is 
    authorized to issue licenses under this section for utilization 
    facilities useful in the conduct of research and development 
    activities of the types specified in section 31 in which the 
    licensee sells research and testing services and energy to others, 
    subject to the condition that the licensee shall recover not more 
    than 75 percent of the annual costs to the licensee of owning and 
    operating the facility through sales of nonenergy services, energy, 
    or both, other than research and development or education and 
    training, of which not more than 50 percent may be through sales of 
    energy.''.
    SEC. 107. COMMISSION REPORT ON ACCIDENT TOLERANT FUEL.
    (a) Definition of Accident Tolerant Fuel.--In this section, the 
term ``accident tolerant fuel'' means a new technology that--
        (1) makes an existing commercial nuclear reactor more resistant 
    to a nuclear incident (as defined in section 11 of the Atomic 
    Energy Act of 1954 (42 U.S.C. 2014)); and
        (2) lowers the cost of electricity over the licensed lifetime 
    of an existing commercial nuclear reactor.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Commission shall submit to Congress a report 
describing the status of the licensing process of the Commission for 
accident tolerant fuel.
    SEC. 108. REPORT IDENTIFYING BEST PRACTICES FOR ESTABLISHMENT AND 
      OPERATION OF LOCAL COMMUNITY ADVISORY BOARDS.
    (a) Best Practices Report.--Not later than 18 months after the date 
of enactment of this Act, the Commission shall submit to Congress, and 
make publicly available, a report identifying best practices with 
respect to the establishment and operation of a local community 
advisory board to foster communication and information exchange between 
a licensee planning for and involved in decommissioning activities and 
members of the community that decommissioning activities may affect, 
including lessons learned from any such board in existence before the 
date of enactment of this Act.
    (b) Contents.--The report described in subsection (a) shall 
include--
        (1) a description of--
            (A) the topics that could be brought before a local 
        community advisory board;
            (B) how such a board's input could be used to inform the 
        decision-making processes of stakeholders for various 
        decommissioning activities;
            (C) what interactions such a board could have with the 
        Commission and other Federal regulatory bodies to support the 
        board members' overall understanding of the decommissioning 
        process and promote dialogue between the affected stakeholders 
        and the licensee involved in decommissioning activities; and
            (D) how such a board could offer opportunities for public 
        engagement throughout all phases of the decommissioning 
        process;
        (2) a discussion of the composition of a local community 
    advisory board; and
        (3) best practices relating to the establishment and operation 
    of a local community advisory board, including--
            (A) the time of establishment of such a board;
            (B) the frequency of meetings of such a board;
            (C) the selection of board members;
            (D) the term of board members;
            (E) the responsibility for logistics required to support 
        such a board's meetings and other routine activities; and
            (F) any other best practices relating to such a local 
        community advisory board that are identified by the Commission.
    (c) Consultation.--In developing the report described under 
subsection (a), the Commission shall consult with any host State, any 
community within the emergency planning zone of an applicable nuclear 
power reactor, and any existing local community advisory board.
    (d) Public Meetings.--
        (1) In general.--The consultation required under subsection (c) 
    shall include public meetings.
        (2) Public participation.--The public meetings under paragraph 
    (1) shall be conducted under the requirements applicable to 
    category 3 meetings under the policy statement of the Commission 
    entitled ``Enhancing Public Participation in NRC Meetings; Policy 
    Statement'' (67 Fed. Reg. 36920 (May 28, 2002)) (or a successor 
    policy statement).
        (3) Number of meetings.--
            (A) In general.--The Commission shall conduct not less than 
        10 public meetings under paragraph (1) in locations that ensure 
        geographic diversity across the United States.
            (B) Priority.--In determining locations in which to conduct 
        a public meeting under subparagraph (A), the Commission shall 
        give priority to States that--
                (i) have a nuclear power reactor currently undergoing 
            the decommissioning process; and
                (ii) request a public meeting under this paragraph.
        (4) Written summary.--The report under subsection (a) shall 
    include a written summary of the public meetings conducted under 
    paragraph (1).
    SEC. 109. REPORT ON STUDY RECOMMENDATIONS.
    Not later than 90 days after the date of enactment of this Act, the 
Commission shall submit to Congress a report describing the status of 
addressing and implementing the recommendations contained in the 
memorandum of the Executive Director of Operations of the Commission 
entitled ``Tasking in Response to the Assessment of the Considerations 
Identified in a `Study of Reprisal and Chilling Effect for Raising 
Mission-Related Concerns and Differing Views at the Nuclear Regulatory 
Commission''' and dated June 19, 2018 (ADAMS Accession No.: 
ML18165A296).

                           TITLE II--URANIUM

    SEC. 201. URANIUM RECOVERY REPORT.
    Not later than 90 days after the date of enactment of this Act, the 
Commission shall submit to the appropriate congressional committees a 
report describing--
        (1) the duration of uranium recovery license issuance and 
    amendment reviews; and
        (2) recommendations to improve efficiency and transparency of 
    uranium recovery license issuance and amendment reviews.
    SEC. 202. PILOT PROGRAM FOR URANIUM RECOVERY FEES.
    Not later than 1 year after the date of enactment of this Act, the 
Commission shall--
        (1) complete a voluntary pilot initiative to determine the 
    feasibility of the establishment of a flat fee structure for 
    routine licensing matters relating to uranium recovery; and
        (2) provide to the appropriate congressional committees a 
    report describing the results of the pilot initiative under 
    paragraph (1).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.