[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 512

             To modernize the regulation of nuclear energy.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2017

Mr. Barrasso (for himself, Mr. Whitehouse, Mr. Inhofe, Mr. Booker, Mr. 
   Crapo, Mrs. Fischer, Mrs. Capito, and Mr. Manchin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
             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. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
            TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

Sec. 101. Nuclear Regulatory Commission user fees and annual charges 
                            through fiscal year 2019.
Sec. 102. Nuclear Regulatory Commission user fees and annual charges 
                            for fiscal year 2020 and each fiscal year 
                            thereafter.
Sec. 103. Advanced nuclear reactor program.
Sec. 104. Advanced nuclear energy licensing cost-share grant program.
Sec. 105. Baffle-former bolt guidance.
Sec. 106. Evacuation report.
                           TITLE II--URANIUM

Sec. 201. Uranium recovery report.
Sec. 202. Pilot program for uranium recovery fees.
Sec. 203. Uranium transfers and sales.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the safe and secure operation of nuclear reactors in 
        the United States must remain the paramount focus of the 
        Nuclear Regulatory Commission;
            (2) the existing fleet of nuclear reactors in the United 
        States is operating safely and securely;
            (3) nuclear energy is the largest source of affordable, 
        reliable, emissions-free energy in the United States, providing 
        approximately 20 percent of the electricity consumed in the 
        United States and 60 percent of emissions-free electricity 
        generation in the United States;
            (4) a 1,000-megawatt nuclear plant--
                    (A) provides approximately 500 permanent jobs;
                    (B) pays approximately $40,000,000 annually in 
                wages;
                    (C) generates approximately $470,000,000 annually 
                in goods and services in the local community; and
                    (D) pays approximately $83,000,000 annually in 
                Federal, State, and local taxes;
            (5) nuclear energy is of critical importance to United 
        States energy security and worldwide influence on 
        nonproliferation;
            (6) nuclear energy uses widely available fuel resources to 
        enable scientific progress, emissions-free and reliable 
        electricity generation, heat generation for industrial 
        applications, and power for deep space exploration;
            (7) the private sector, the National Laboratories (as 
        defined in section 2 of the Energy Policy Act of 2005 (42 
        U.S.C. 15801)), and institutions of higher education are 
        pursuing innovations in nuclear energy technology that will 
        play a crucial role in--
                    (A) the future global and United States energy 
                supply; and
                    (B) the exports, manufacturing, and economy of the 
                United States;
            (8) eventual deployment of commercial advanced nuclear 
        reactors will require--
                    (A) modernizing the regulatory framework; and
                    (B) making other necessary changes to facilitate 
                the efficient, predictable, and affordable deployment 
                of advanced nuclear reactor technologies;
            (9) 2 impediments to the commercialization of advanced 
        nuclear reactors are the high costs and long durations 
        associated with applying the existing nuclear regulatory 
        framework to advanced nuclear reactors;
            (10) license application reviews should be as predictable 
        and efficient as practicable without compromising safety or 
        security;
            (11) the development of advanced nuclear reactors would 
        benefit from the early identification of policy issues for 
        timely consideration and resolution by the Commission to 
        improve the efficient development of designs as well as 
        preparing for design review and licensing;
            (12) the existing nuclear regulatory framework and the 
        requirements of that framework have not adapted to advances in 
        scientific understanding or the features and performance 
        characteristics of advanced nuclear reactor designs;
            (13) the existing nuclear reactor licensing process does 
        not provide iterative feedback to manage risk as needed for 
        typical technology development and investment cycles;
            (14) a staged licensing structure that provides clear and 
        periodic feedback to applicants on an agreed schedule will help 
        to enable the commercialization of safer and innovative 
        technologies that will benefit the economy, national security, 
        and environment of the United States;
            (15) a technology-inclusive Commission regulatory framework 
        will--
                    (A) allow greater technological innovation; and
                    (B) enable inventors, scientists, engineers, and 
                students to pursue licensing advanced reactor concepts;
            (16) further preparation by the Commission of the research 
        and test reactor licensing process will enable the Commission 
        to more efficiently process applications for research and test 
        reactors when the applications are received;
            (17) it is incumbent on the Commission--
                    (A) to budget appropriate resources to undertake an 
                active role in design familiarization activities with 
                potential applicants with advanced reactor designs;
                    (B) to budget for adequate resources to conduct 
                licensing reviews and other work requested by licensees 
                and applicants; and
                    (C) to preserve those budgeted funds to ensure 
                responsiveness to licensees and applicants in 
                recognition of the dependence of the licensees and 
                applicants on Commission approval before the benefits 
                of the technology of the licensees and applicants can 
                be realized; and
            (18) both prospective advanced nuclear reactor applicants 
        and the existing fleet of nuclear reactors in the United States 
        would benefit from modernizing the outdated fee recovery 
        structure of the Commission to better manage fluctuations in 
        workload and the number of licensees in a fair and equitable 
        manner.

SEC. 3. 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. 4. 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) Applicant.--The term ``applicant'' means an applicant 
        for a license, certification, permit, or other form of approval 
        from the Commission for a commercial advanced nuclear reactor 
        or a research and test reactor.
            (5) 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.
            (6) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (7) 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.
            (8) 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 2017 of the Commission.
            (9) 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.
            (10) Regulatory framework.--The term ``regulatory 
        framework'' means the framework for reviewing requests for 
        certifications, permits, approvals, and licenses for nuclear 
        power plants.
            (11) 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.
            (12) 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 advanced 
                nuclear reactor.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (14) 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).
            (15) 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.
            (16) Topical report.--The term ``topical report'' means a 
        document submitted to the Commission that addresses a technical 
        topic related to nuclear power plant safety or design.

            TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES 
              THROUGH FISCAL YEAR 2019.

    (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 
                        framework for advanced nuclear reactor 
                        technologies, including activities required 
                        under section 103 of the Nuclear Energy 
                        Innovation and Modernization Act.''.
    (b) Repeal.--Effective October 1, 2019, 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 2020 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 2020 and 
                2021.
                    (B) 29 percent for each of fiscal years 2022 and 
                2023.
                    (C) 28 percent for fiscal year 2024 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 
                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) An activity not attributable to an 
                        existing NRC licensee or class of licensee as 
                        identified by the Commission in Table III of 
                        the final rule of the Commission entitled 
                        ``Revision of Fee Schedules; Fee Recovery for 
                        Fiscal Year 2015'' (80 Fed. Reg. 37432 (June 
                        30, 2015)).
                            (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 applicable university;
                                    (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; and
                                    (VII) for any other fee-relief 
                                activity described 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)).
                            (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 charge fees to 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 fees.--
                    (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 fee.
                    (B) Cap on annual fees of certain licensees.--
                            (i) In general.--The annual fee 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 fees 
                        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 
                        fees 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 fees fairly and 
                        equitably allocating the aggregate amount of 
                        charges described in subparagraph (A) among 
                        licensees and certificate holders.
                            (ii) Requirement.--The schedule of fees 
                        under clause (i)--
                                    (I) to the maximum extent 
                                practicable, shall be based on 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) on each request, 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 and 
charges described in subsection (b)(2), the Commission shall--
            (1) ensure appropriate management review and concurrence 
        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 fees and charges.
    (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, 2019.

SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM.

    (a) Licensing of Commercial Advanced Nuclear Reactors.--
            (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 existing regulatory frameworks, 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, 2024, 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 are authorized 
        to be appropriated to the Commission to carry out this 
        subsection such sums as are necessary.
    (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 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 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, 2024;
                    (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. ADVANCED NUCLEAR ENERGY LICENSING COST-SHARE GRANT PROGRAM.

    (a) Establishment.--The Secretary shall establish a grant program 
to be known as the ``Advanced Nuclear Energy Cost-Share Grant Program'' 
(referred to in this section as the ``program''), under which the 
Secretary shall make cost-share grants to applicants for the purpose of 
funding a portion of the Commission fees of the applicant for pre-
application and application review activities.
    (b) Requirement.--The Secretary shall seek out technology diversity 
in making grants under the program.
    (c) Cost-Share Amount.--The Secretary shall determine the cost-
share amount for each grant.
    (d) Use of Funds.--Recipients of grants under the program may use 
the grant funds to cover Commission fees, including those fees 
associated with--
            (1) developing a licensing project plan;
            (2) obtaining a conceptual design assessment;
            (3) reviewing topical reports; and
            (4) other pre-application and application review activities 
        and interactions with the Commission.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section such sums as 
are necessary.

SEC. 105. BAFFLE-FORMER BOLT GUIDANCE.

    (a) Revisions to Guidance.--Not later than September 30, 2017, 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 September 30, 2017, 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. 106. EVACUATION REPORT.

    (a) In General.--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 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.

                           TITLE II--URANIUM

SEC. 201. URANIUM RECOVERY REPORT.

    Not later than December 31, 2017, the Commission shall submit to 
the appropriate congressional committees a report describing--
            (1) the safety and feasibility of extending the duration of 
        uranium recovery licenses from 10 to 20 years, including any 
        potential benefits of the extension;
            (2) the duration of uranium recovery license issuance and 
        amendment reviews; and
            (3) 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 July 31, 2018, 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).

SEC. 203. URANIUM TRANSFERS AND SALES.

    Section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-10) is 
amended--
            (1) by redesignating subsections (b) through (f) as 
        subsections (d) through (h), respectively;
            (2) by striking subsection (a) and inserting the following:
    ``(a) Definitions.--In this section:
            ``(1) Depleted uranium.--The term `depleted uranium' means 
        uranium having an assay less than the assay for--
                    ``(A) natural uranium; or
                    ``(B) 0.711 percent of the uranium-235 isotope.
            ``(2) Highly enriched uranium.--The term `highly enriched 
        uranium' means uranium having an assay of 20 percent or greater 
        of the uranium-235 isotope.
            ``(3) Low-enriched uranium.--The term `low-enriched 
        uranium' means uranium having an assay greater than 0.711 
        percent but less than 20 percent of the uranium-235 isotope.
            ``(4) Metric ton of uranium.--The term `metric ton of 
        uranium' means 1,000 kilograms of uranium.
            ``(5) Natural uranium.--The term `natural uranium' means 
        uranium having an assay of 0.711 percent of the uranium-235 
        isotope.
            ``(6) Off-spec uranium.--The term `off-spec uranium' means 
        uranium in any form, including depleted uranium, highly 
        enriched uranium, low-enriched uranium, natural uranium, UF6, 
        and any byproduct of uranium processing, that does not meet the 
        specification for commercial material (as defined by the 
        standards of the American Society for Testing and Materials).
            ``(7) Uranium.--Other than in subsection (c), the term 
        `uranium' includes natural uranium, uranium hexafluoride, 
        highly enriched uranium, low-enriched uranium, depleted 
        uranium, and any byproduct of uranium processing.
            ``(8) Uranium hexafluoride; uf6.--The terms `uranium 
        hexafluoride' and `UF6' mean uranium that has been combined 
        with fluorine, to form a compound that, dependent on 
        temperature and pressure, can be a solid, liquid, or gas.
    ``(b) Transfers and Sales by the Secretary.--The Secretary shall 
not provide enrichment services, or transfer, sell or otherwise provide 
any uranium to any person except in accordance with this section.
    ``(c) Development of Federal Excess Uranium Management Plan.--
            ``(1) In general.--Beginning on January 1, 2018, and not 
        less frequently than once every 10 years thereafter, the 
        Secretary shall issue a long-term Federal excess uranium 
        inventory management plan (referred to in this section as the 
        `plan') that details the management of the excess uranium 
        inventories of the Department of Energy and covers a period of 
        not fewer than 10 years.
            ``(2) Content.--
                    ``(A) In general.--The plan shall cover all forms 
                of uranium within the excess uranium inventory of the 
                Department of Energy, including depleted uranium, 
                highly enriched uranium, low-enriched uranium, natural 
                uranium, off-spec uranium, and UF6.
                    ``(B) Reducing impact on domestic industry.--The 
                plan shall outline steps the Secretary will take to 
                minimize the impact of transferring, selling, or 
                otherwise providing uranium on the domestic uranium 
                mining, conversion, and enrichment industries, 
                including any actions for which the Secretary would 
                require new authority.
                    ``(C) Maximizing benefits to the federal 
                government.--The plan shall outline steps the Secretary 
                shall take to ensure that the Federal Government 
                maximizes the potential value of uranium for the 
                Federal Government.
            ``(3) Proposed plan.--Before issuing the final plan, the 
        Secretary shall publish a proposed plan in the Federal Register 
        pursuant to a rulemaking under section 553 of title 5, United 
        States Code.
            ``(4) Deadlines for submission.--The Secretary shall 
        issue--
                    ``(A) a proposed plan for public comment under 
                paragraph (3) not later than 180 days after the date of 
                enactment of this paragraph; and
                    ``(B) a final plan not later than 1 year after the 
                date of enactment of this paragraph.'';
            (3) in subsection (d) (as redesignated by paragraph (1))--
                    (A) in the sixth sentence of paragraph (3), by 
                striking ``subsections (b)(5), (b)(6) and (b)(7) of 
                this section'' and inserting ``paragraphs (5), (6), and 
                (7)''; and
                    (B) in paragraph (8), by striking ``(b)'';
            (4) in subsection (e)(1) (as redesignated by paragraph 
        (1)), by striking ``subsection (c)(2)'' and inserting 
        ``paragraph (2)'';
            (5) in subsection (f) (as redesignated by paragraph (1))--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Notwithstanding the transfers authorized 
        under subsections (e) and (g), the Secretary may transfer, 
        sell, or otherwise provide any uranium from the stockpile of 
        the Department of Energy, subject to the following limitations:
                    ``(A) Effective for the period of calendar years 
                2017 through 2025, and notwithstanding any other 
                provision of law, the Secretary shall not transfer, 
                sell, or otherwise provide more than 2,100 metric tons 
                of natural uranium equivalent annually in any form, 
                including depleted uranium, highly enriched uranium, 
                low-enriched uranium, natural uranium, off-spec 
                uranium, and UF6.
                    ``(B) Effective beginning on January 1, 2026, and 
                notwithstanding any other provision of law, the 
                Secretary shall not transfer, sell, or otherwise 
                provide more than 2,700 metric tons of natural uranium 
                equivalent annually in any form, including depleted 
                uranium, highly enriched uranium, low-enriched uranium, 
                natural uranium, off-spec uranium, and UF6.'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``(2) Except as provided 
                in subsections (b), (c), and (e)'' and inserting the 
                following:
            ``(2) Determinations.--Except as provided in subsections 
        (d), (e), and (g), and subject to paragraph (3)''; and
                    (C) by adding at the end the following:
            ``(3) Requirements for determinations.--
                    ``(A) Proposed determination.--Before making a 
                determination under paragraph (2)(B), the Secretary 
                shall publish a proposed determination in the Federal 
                Register pursuant to a rulemaking under section 553 of 
                title 5, United States Code.
                    ``(B) Quality of market analysis.--Any market 
                analysis that is prepared by the Department of Energy, 
                or that the Department of Energy commissions for the 
                Secretary as part of the determination process under 
                paragraph (2)(B), shall be subject to a peer review 
                process consistent with the guidelines of the Office of 
                Management and Budget published at 67 Fed. Reg. 8452-
                8460 (February 22, 2002) (or successor guidelines), to 
                ensure and maximize the quality, objectivity, utility, 
                and integrity of information disseminated by Federal 
                agencies.
                    ``(C) Waiver of secretarial determination.--
                Beginning on January 1, 2023, the requirement for a 
                determination by the Secretary under paragraph (2)(B) 
                shall be waived for transferring, selling, or otherwise 
                providing uranium by the Secretary if the uranium has 
                been identified in the updated long-term Federal excess 
                uranium inventory management plan under subsection 
                (c)(1).''; and
            (6) in subsection (g) (as redesignated by paragraph (1)), 
        in the matter preceding paragraph (1), by striking ``(d)(2)'' 
        and inserting ``(f)(2)''.
                                 <all>