[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4890 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4890

To amend the Atomic Energy Act of 1954 to provide for consultation with 
   State, Tribal, and local governments, the consideration of State, 
     Tribal, and local concerns, and the approval of post-shutdown 
     decommissioning activities reports by the Nuclear Regulatory 
                              Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2020

  Mr. Sanders introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Atomic Energy Act of 1954 to provide for consultation with 
   State, Tribal, and local governments, the consideration of State, 
     Tribal, and local concerns, and the approval of post-shutdown 
     decommissioning activities reports by the Nuclear Regulatory 
                              Commission.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Plant Decommissioning Act of 
2020''.

SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

    (a) In General.--Chapter 10 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end the 
following:

``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

    ``a. Definitions.--In this section:
            ``(1) Affected state.--The term `affected State' means--
                    ``(A) the host State of a covered facility; and
                    ``(B) each State located within 50 miles of a 
                covered facility.
            ``(2) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(3) Covered facility.--The term `covered facility' means 
        a facility of a licensee for which a PSDAR is required.
            ``(4) Covered material.--The term `covered material' 
        means--
                    ``(A) high-level radioactive waste;
                    ``(B) spent nuclear fuel;
                    ``(C) transuranic waste;
                    ``(D) byproduct material that meets the 
                requirements of section 11 e. (2); and
                    ``(E) any other nuclear or radioactive waste or 
                material for which the Commission determines that a 
                material change by the licensee in the manner of 
                handling, storing, or disposing of that waste or 
                material should be preceded by consultation under 
                subsection b.
            ``(5) Covered psdar.--The term `covered PSDAR' means--
                    ``(A) the initial PSDAR for a covered facility; and
                    ``(B) any subsequent PSDAR for a covered facility 
                in which the licensee proposes, as determined by the 
                Commission--
                            ``(i) a significant update to the 
                        decommissioning strategy; or
                            ``(ii) a material change in the manner in 
                        which covered material is handled, stored, or 
                        disposed of.
            ``(6) Host state.--The term `host State' means the State in 
        which a covered facility is located.
            ``(7) License; licensee.--The terms `license' and 
        `licensee' have the meanings given the terms in section 50.2 of 
        title 10, Code of Federal Regulations (or successor 
        regulations).
            ``(8) PSDAR.--The term `PSDAR' means a post-shutdown 
        decommissioning activities report submitted to the Commission 
        and affected States under section 50.82(a)(4)(i) of title 10, 
        Code of Federal Regulations (or successor regulations).
            ``(9) Transferee.--The term `transferee' means an entity to 
        which a licensee proposes to transfer a license for a covered 
        facility.
            ``(10) Tribal government.--The term `Tribal government' 
        means the governing body of an Indian tribe (as defined in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304)).
    ``b. Consultation Required.--Notwithstanding any other provision of 
law (including regulations), a licensee may not submit to the 
Commission a proposed covered PSDAR, or transfer to another entity the 
license, for a covered facility until the licensee and the transferee, 
if applicable, conduct consultation regarding the development of the 
proposed covered PSDAR or the proposed license transfer, as applicable, 
with--
            ``(1) each affected State; and
            ``(2) each unit of State government or Tribal government 
        that--
                    ``(A) is located in an affected State; and
                    ``(B) has jurisdiction over land located within 50 
                miles of the covered facility.
    ``c. Submission to Commission; Public Availability.--
            ``(1) In general.--After carrying out the consultation 
        required under subsection b. with respect to a proposed covered 
        PSDAR or transfer of a license for a covered facility, the 
        licensee shall--
                    ``(A) submit to the Commission, as applicable--
                            ``(i) the proposed covered PSDAR; or
                            ``(ii) an application for transfer of a 
                        license; and
                    ``(B) subject to paragraph (3), make the proposed 
                covered PSDAR or application for transfer of a license, 
                as applicable, available to the public.
            ``(2) Public availability.--On receipt of a proposed 
        covered PSDAR or application for transfer of a license under 
        paragraph (1)(A), the Commission shall, subject to paragraph 
        (3), make the proposed covered PSDAR or application for 
        transfer of a license, as applicable, available to the public.
            ``(3) Exclusion of certain information.--In making a 
        proposed covered PSDAR or application for transfer of a 
        license, as applicable, available to the public under paragraph 
        (1)(B) or (2), the Commission or the licensee, as applicable, 
        may redact such information as the Commission or the licensee, 
        as applicable, determines to be necessary to protect--
                    ``(A) trade secrets and commercial or financial 
                information under section 552(b)(4) of title 5, United 
                States Code; or
                    ``(B) national security.
    ``d. Public Participation.--For a period of not less than 90 days 
beginning on the date on which a licensee submits a proposed covered 
PSDAR to the Commission under subsection c. (1)(A) or the date on which 
the Commission dockets an application for transfer of a license under 
section 2.101 of title 10, Code of Federal Regulations (or successor 
regulations), as applicable, the Commission shall solicit in the host 
State public comments regarding the proposed covered PSDAR or notice of 
proposed license transfer, including through--
            ``(1) the solicitation of written comments; and
            ``(2) the conduct of not fewer than 2 public meetings.
    ``e. Support, Conditional Support, or Nonsupport by Host State.--
            ``(1) In general.--Not later than 60 days after the date of 
        receipt of a proposed covered PSDAR or the date on which the 
        Commission dockets an application for transfer of a license 
        under section 2.101 of title 10, Code of Federal Regulations 
        (or successor regulations), as applicable, for a covered 
        facility, the Commission shall notify the host State of the 
        opportunity to file with the Commission, by the date that is 60 
        days after the date on which the host State receives the 
        notification--
                    ``(A) a statement of support for the proposed 
                covered PSDAR or license transfer;
                    ``(B) a statement of conditional support for the 
                proposed covered PSDAR or license transfer, together 
                with specific recommendations for changes that could 
                lead the host State to support the proposed covered 
                PSDAR or license transfer; or
                    ``(C) a statement of nonsupport for the proposed 
                covered PSDAR or license transfer.
            ``(2) Statement of support or nonsupport; failure to 
        submit.--
                    ``(A) In general.--If the host State files with the 
                Commission a statement of support under paragraph 
                (1)(A) or a statement of nonsupport under paragraph 
                (1)(C), or fails to file a statement with the 
                Commission by the deadline specified in paragraph (1), 
                the Commission shall issue a determination regarding 
                whether the proposed covered PSDAR is adequate or 
                inadequate or a determination regarding whether to 
                provide consent for the proposed license transfer, as 
                applicable--
                            ``(i) based on the considerations described 
                        in subparagraph (B); and
                            ``(ii) after taking into consideration--
                                    ``(I) any written comments 
                                submitted by the host State, other 
                                affected States, and local communities 
                                with respect to the proposed covered 
                                PSDAR or license transfer; and
                                    ``(II) any input from the public 
                                under subsection d.
                    ``(B) Considerations.--The Commission shall 
                consider a proposed covered PSDAR or license transfer 
                to be adequate under subparagraph (A) if the Commission 
                determines that--
                            ``(i) the proposed covered PSDAR or license 
                        transfer provides for--
                                    ``(I) the overall protection of 
                                human health and the environment; and
                                    ``(II) adequate protection to the 
                                health and safety of the public and the 
                                common defense and security;
                            ``(ii) the licensee (and, if applicable, 
                        the transferee) has a substantial likelihood of 
                        implementing the proposed covered PSDAR or 
                        license transfer within the timeframe described 
                        in the proposed covered PSDAR or license 
                        transfer application;
                            ``(iii) the proposed covered PSDAR or 
                        license transfer is in accordance with 
                        applicable law (including regulations); and
                            ``(iv) the licensee (and, if applicable, 
                        the transferee) has demonstrated that the 
                        licensee has, or will have, the funds required 
                        to fully implement the proposed covered PSDAR 
                        or license transfer within the timeframe 
                        described in the proposed covered PSDAR or 
                        license transfer application, based on--
                                    ``(I) a comprehensive radiological 
                                site assessment and characterization; 
                                and
                                    ``(II) a nonradiological site 
                                assessment and characterization 
                                conducted by the host State.
                    ``(C) Determination of adequacy.--Subject to 
                paragraph (4), if the Commission determines that a 
                proposed covered PSDAR or license transfer is adequate 
                under subparagraphs (A) and (B), the Commission shall 
                issue a decision document approving the covered PSDAR 
                or license transfer.
                    ``(D) Determination of inadequacy.--
                            ``(i) In general.--If the Commission 
                        determines that a proposed covered PSDAR or 
                        license transfer is inadequate under 
                        subparagraphs (A) and (B)--
                                    ``(I) the Commission shall issue a 
                                decision document rejecting the 
                                proposed covered PSDAR or license 
                                transfer, including a description of 
                                the reasons for the decision, by the 
                                applicable deadline under paragraph 
                                (4); and
                                    ``(II) the licensee may develop and 
                                submit to the Commission a new proposed 
                                covered PSDAR or license transfer 
                                application in accordance with this 
                                section.
                            ``(ii) Certain covered psdars.--If the 
                        Commission rejects a proposed covered PSDAR 
                        that is the initial PSDAR for a covered 
                        facility, the licensee shall develop and submit 
                        to the Commission a new proposed covered PSDAR 
                        in accordance with this section not later than 
                        2 years after the date of cessation of 
                        operations at the covered facility.
            ``(3) Conditional support by host state.--
                    ``(A) In general.--In any case in which the host 
                State files with the Commission a statement of 
                conditional support of a proposed covered PSDAR or 
                license transfer under paragraph (1)(B), the Commission 
                shall determine whether the proposed covered PSDAR or 
                license transfer is permissible under applicable law 
                (including regulations).
                    ``(B) Changes.--Notwithstanding the adequate 
                protection of public health and safety or the common 
                defense and security, for each change recommended by 
                the host State under paragraph (1)(B), the Commission 
                shall--
                            ``(i) provide for the inclusion of the 
                        change into the final covered PSDAR or license 
                        transfer, unless the Commission determines the 
                        change to be inappropriate for inclusion, based 
                        on clear and convincing evidence that--
                                    ``(I) the change violates 
                                applicable law; or
                                    ``(II) the total costs of the 
                                change substantially outweigh the 
                                safety, economic, or environmental 
                                benefits of the change to the host 
                                State; and
                            ``(ii) if applicable, provide the rationale 
                        for each determination of inappropriateness 
                        under clause (i).
                    ``(C) Decision document.--
                            ``(i) In general.--Subject to paragraph 
                        (4), based on the determinations made under 
                        subparagraphs (A) and (B), the Commission shall 
                        issue a decision document relating to a 
                        proposed covered PSDAR or license transfer 
                        that, as applicable--
                                    ``(I) approves the proposed covered 
                                PSDAR or license transfer with any 
                                changes recommended by the host State 
                                that are not determined to be 
                                inappropriate under subparagraph (B); 
                                or
                                    ``(II) rejects the proposed covered 
                                PSDAR or license transfer.
                            ``(ii) Applicable law.--A decision document 
                        issued under clause (i) or subparagraph (C) or 
                        (D)(i) of paragraph (2) shall be considered to 
                        be a final order entered in a proceeding under 
                        section 189 a.
                    ``(D) Treatment on approval.--On approval by the 
                Commission of a proposed covered PSDAR or license 
                transfer under subparagraph (C)(i)(I) or paragraph 
                (2)(C)--
                            ``(i) the covered PSDAR or approval of the 
                        license transfer by the Commission shall be 
                        final; and
                            ``(ii) the licensee may begin 
                        implementation of the covered PSDAR.
                    ``(E) Rejection.--
                            ``(i) In general.--If the Commission 
                        rejects a proposed covered PSDAR or license 
                        transfer under subparagraph (C)(i)(II), the 
                        licensee may develop and submit to the 
                        Commission a new proposed covered PSDAR or 
                        license transfer application in accordance with 
                        this section.
                            ``(ii) Certain covered psdars.--If the 
                        Commission rejects a proposed covered PSDAR 
                        that is the initial PSDAR for a covered 
                        facility, the licensee shall develop and submit 
                        to the Commission a new proposed covered PSDAR 
                        in accordance with this section not later than 
                        2 years after the date of cessation of 
                        operations at the covered facility.
            ``(4) Deadline for decision document.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Commission shall issue a decision document 
                relating to a proposed covered PSDAR or license 
                transfer under subparagraph (C) or (D)(i)(I) of 
                paragraph (2) or paragraph (3)(C)(i) by not later than 
                1 year after the date on which the proposed covered 
                PSDAR or an application for transfer of a license, as 
                applicable, is submitted to the Commission under 
                subsection c. (1)(A).
                    ``(B) Proposed intermediate license transfers.--
                            ``(i) Definition of proposed intermediate 
                        license transfer.--In this subparagraph, the 
                        term `proposed intermediate license transfer' 
                        means a proposed transfer of license--
                                    ``(I) for a covered facility on 
                                behalf of which a proposed covered 
                                PSDAR has been submitted by the 
                                licensee to the Commission under 
                                subsection c. (1)(A)(i); and
                                    ``(II) the notice of which is 
                                submitted to the Commission under 
                                subsection c. (1)(A)(ii) before the 
                                applicable deadline under subparagraph 
                                (A) for the issuance by the Commission 
                                of a decision document relating to the 
                                proposed covered PSDAR described in 
                                subclause (I).
                            ``(ii) Deadline.--Subject to subparagraph 
                        (C), in any case in which a licensee submits to 
                        the Commission a notice of a proposed 
                        intermediate license transfer of a covered 
                        facility, the Commission shall issue a decision 
                        document relating to the proposed covered PSDAR 
                        of the covered facility by not later than 1 
                        year after the date of receipt of the 
                        application for transfer of a license.
                    ``(C) Extension.--If there are unforeseen 
                circumstances, including unexpected technical issues, 
                site-specific characteristics, or other external 
                factors that could affect the ability of the Commission 
                to issue a decision document by a deadline specified in 
                subparagraph (A) or (B)(ii), the Commission may extend 
                the applicable deadline for a reasonable period of 
                time, as determined by the Commission.
    ``f. Additional Requirements.--
            ``(1) Action by transferees.--On transfer of a license for 
        a covered facility by a licensee to a transferee in accordance 
        with this section, the transferee shall conduct consultation in 
        accordance with subsection b. with respect to each proposed 
        covered PSDAR developed by the transferee for the covered 
        facility.
            ``(2) State environmental law compliance.--Notwithstanding 
        any other provision of this section, the Commission shall not 
        approve a proposed covered PSDAR or license transfer under this 
        section unless the proposed covered PSDAR or license transfer 
        for a covered facility includes a requirement that the licensee 
        and the transferee, if applicable, shall comply with applicable 
        State law relating to air, water, or soil quality or 
        radiological standards with respect to the implementation of 
        the proposed covered PSDAR or license transfer in any case in 
        which the applicable State law is more restrictive than an 
        applicable Federal law.
    ``g. Application to Existing Decommissioning Activities.--
            ``(1) In general.--The Commission shall notify--
                    ``(A) each licensee or transferee, if applicable, 
                of the opportunity to develop and submit to the 
                Commission for approval a revised covered PSDAR for any 
                covered facility of the licensee for which, as of the 
                date of enactment of this section--
                            ``(i) decontamination and dismantlement 
                        activities described in an existing covered 
                        PSDAR have not commenced at the covered 
                        facility; or
                            ``(ii) decontamination and dismantlement 
                        activities described in an existing covered 
                        PSDAR have been commenced at the covered 
                        facility for a period of less than 5 years; and
                    ``(B) each affected State with respect to a covered 
                facility described in subparagraph (A) of the 
                opportunity to consult with a licensee or transferee 
                described in that subparagraph in accordance with 
                subsection b.
            ``(2) Process.--
                    ``(A) In general.--Except as provided in paragraphs 
                (3) and (4), if a licensee or transferee described in 
                paragraph (1)(A) elects to submit to the Commission a 
                revised covered PSDAR under that paragraph, the process 
                for consideration and approval of the revised covered 
                PSDAR shall be carried out in accordance with--
                            ``(i) the process for consideration and 
                        approval of a proposed covered PSDAR for a 
                        covered facility under subsections b., c., d., 
                        and f.; and
                            ``(ii) the process for support, conditional 
                        support, or nonsupport by the host State under 
                        subsection e.
                    ``(B) Nonselection.--If a licensee or transferee 
                described in paragraph (1)(A) elects not to revise an 
                existing covered PSDAR under that paragraph, the host 
                State may file a statement of support, conditional 
                support, or nonsupport for the existing covered PSDAR 
                in accordance with the process for support, conditional 
                support, or nonsupport by a host State under subsection 
                e.
            ``(3) Decision document.--A decision document for a revised 
        covered PSDAR submitted under paragraph (1)(A), or for an 
        existing covered PSDAR in any case in which the licensee or 
        transferee elects not to revise the existing covered PSDAR, 
        shall be issued in accordance with subparagraph (C) or 
        (D)(i)(I) of subsection e. (2) or subsection e. (3)(C), as 
        applicable, except that the Commission shall issue the decision 
        document by the date that is 1 year after the date on which the 
        applicable decontamination and dismantlement activities 
        commence at the applicable covered facility.
            ``(4) Revision after determination of inadequacy.--If the 
        Commission rejects a revised covered PSDAR submitted by a 
        licensee or transferee under paragraph (1)(A) in accordance 
        with subsection e. (2)(D)(i)(I) or subsection e. (3)(C)(i)(II), 
        the licensee or transferee shall develop and submit to the 
        Commission a new revised covered PSDAR in accordance with this 
        subsection by not later than 2 years after the date of the 
        rejection.''.
    (b) Technical and Conforming Amendments.--
            (1) In general.--The Atomic Energy Act of 1954 is amended--
                    (A) in section 103 (42 U.S.C. 2133)--
                            (i) in subsection d., in the second 
                        sentence, by striking ``any any'' and inserting 
                        ``any''; and
                            (ii) by redesignating subsection f. as 
                        subsection e.; and
                    (B) in section 111 (42 U.S.C. 2141), by striking 
                the section designation and all that follows through 
                ``The Nuclear'' in subsection a. and inserting the 
                following:

``SEC. 111. LICENSING BY NUCLEAR REGULATORY COMMISSION OF DISTRIBUTION 
              OF CERTAIN MATERIALS BY DEPARTMENT OF ENERGY.

    ``a. The Nuclear''.
            (2) Table of contents.--The table of contents of the Atomic 
        Energy Act of 1954 (68 Stat. 919; 126 Stat. 2216) is amended by 
        striking the items relating to chapter 10 of title I and 
        inserting the following:

                  ``Chapter 10. Atomic Energy Licenses

``Sec. 101. License required.
``Sec. 102. Utilization and production facilities for industrial or 
                            commercial purposes.
``Sec. 103. Commercial licenses.
``Sec. 104. Medical therapy and research and development.
``Sec. 105. Antitrust provisions.
``Sec. 106. Classes of facilities.
``Sec. 107. Operators' licenses.
``Sec. 108. War or national emergency.
``Sec. 109. Component and other parts of facilities.
``Sec. 110. Exclusions.
``Sec. 111. Licensing by Nuclear Regulatory Commission of distribution 
                            of certain materials by Department of 
                            Energy.
``Sec. 112. Domestic medical isotope production.
``Sec. 113. Post-shutdown decommissioning activities reports.''.

SEC. 3. GRANT PROGRAMS TO SUPPORT THE ACTIVITIES OF COMMUNITY ADVISORY 
              BOARDS.

    (a) Definitions.--In this section:
            (1) Community advisory board.--The term ``community 
        advisory board'' means a community committee or other advisory 
        organization that aims to foster communication and information 
        exchange between--
                    (A) a licensee planning for and involved in 
                decommissioning activities; and
                    (B) members of a community that may be affected by 
                the decommissioning activities of that licensee.
            (2) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (3) Decommission.--The term ``decommission'' has the 
        meaning given the term in section 50.2 of title 10, Code of 
        Federal Regulations (or successor regulations).
            (4) Licensee.--The term ``licensee'' has the meaning given 
        the term in section 50.2 of title 10, Code of Federal 
        Regulations (or successor regulations).
            (5) Small, rural, or disadvantaged community.--The term 
        ``small, rural, or disadvantaged community'' means a community 
        that--
                    (A) has a population of fewer than 50,000 
                individuals; or
                    (B) is disadvantaged with respect to geographic, 
                socioeconomic, public health, or environmental hazard 
                criteria, as determined by the Commission.
    (b) Short-Term Grant Program.--
            (1) Definition of eligible entity.--In this subsection, the 
        term ``eligible entity'' means--
                    (A) a State in which a civilian nuclear power plant 
                or nuclear power generation unit, as determined by the 
                Commission, is decommissioned or is in the process of 
                being decommissioned during the 3-year period beginning 
                on the date of enactment of this Act; and
                    (B) an Indian Tribe the land of which contains a 
                civilian nuclear power plant or nuclear power 
                generation unit, as determined by the Commission, that 
                is decommissioned or is in the process of being 
                decommissioned during the 3-year period beginning on 
                the date of enactment of this Act.
            (2) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Commission shall establish a 
        grant program under which the Commission shall award grants to 
        eligible entities to support the activities of community 
        advisory boards.
            (3) Applications.--An eligible entity desiring a grant 
        under this subsection shall submit to the Commission an 
        application at such time, in such manner, and containing such 
        information as the Commission may require.
            (4) Use of funds.--
                    (A) Awarding of subgrants.--An eligible entity 
                shall use a grant awarded under this subsection to make 
                subgrants to community advisory boards for use in 
                accordance with subparagraph (B).
                    (B) Use of subgrants.--A community advisory board 
                may use a subgrant awarded under subparagraph (A)--
                            (i) to hire or consult with experts;
                            (ii) for administrative costs;
                            (iii) to cover travel expenses;
                            (iv) for website and social media 
                        maintenance;
                            (v) for the preparation of annual reports 
                        and other communications;
                            (vi) to contract for services;
                            (vii) to reimburse volunteers; and
                            (viii) to cover other reasonable and 
                        necessary expenses of the community advisory 
                        board, as determined to be appropriate by the 
                        Commission.
            (5) Distribution of funds.--The Commission shall establish 
        a formula to ensure, to the maximum extent practicable, 
        geographic diversity among grant recipients under this 
        subsection.
            (6) Requirement.--In carrying out this subsection, the 
        Commission, to the maximum extent practicable, shall implement 
        the recommendations described in the report submitted to 
        Congress under section 108 of the Nuclear Energy Innovation and 
        Modernization Act (Public Law 115-439; 132 Stat. 5577) entitled 
        ``Best Practices for Establishment and Operation of Local 
        Community Advisory Boards Associated with Decommissioning 
        Activities at Nuclear Power Plants''.
            (7) Cost sharing.--Notwithstanding any other provision of 
        law, with respect to a subgrant awarded under this subsection, 
        neither the Commission nor an eligible entity may impose a 
        cost-sharing requirement on a community advisory board with 
        respect to--
                    (A) any activity that is carried out on behalf of, 
                for the benefit of, or to foster communication and 
                information exchange with, a small, rural, or 
                disadvantaged community; or
                    (B) any activity of the community advisory board 
                if--
                            (i) the applicable nuclear power plant or 
                        nuclear power generation unit is located in a 
                        small, rural, or disadvantaged community; or
                            (ii) a small, rural, or disadvantaged 
                        community may be disproportionately impacted by 
                        the applicable decommissioning activities of 
                        the licensee.
            (8) Authorization of appropriations.--There is authorized 
        to be appropriated to the Commission to carry out this 
        subsection $12,500,000 for the period of fiscal years 2021 
        through 2023, to remain available until the date that is 5 
        years after the date of enactment of this Act.
    (c) Long-Term Grant Program.--
            (1) Definitions.--In this subsection:
                    (A) Eligible entity.--The term ``eligible entity'' 
                means--
                            (i) a State in which a civilian nuclear 
                        power plant or nuclear power generation unit, 
                        as determined by the Commission, is 
                        decommissioned or is in the process of being 
                        decommissioned more than 3 years after the date 
                        of enactment of this Act; and
                            (ii) an Indian Tribe the land of which 
                        contains a civilian nuclear power plant or 
                        nuclear power generation unit, as determined by 
                        the Commission, that is decommissioned or is in 
                        the process of being decommissioned more than 3 
                        years after the date of enactment of this Act.
                    (B) Fund.--The term ``Fund'' means the Community 
                Advisory Board Fund established under paragraph (2).
                    (C) PSDAR.--The term ``PSDAR'' means a post-
                shutdown decommissioning activities report submitted to 
                the Commission and affected States under section 
                50.82(a)(4)(i) of title 10, Code of Federal Regulations 
                (or successor regulations).
            (2) Community advisory board fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund, to be known as 
                the ``Community Advisory Board Fund''.
                    (B) Deposits.--Each fiscal year, there shall be 
                deposited in the Fund an amount equal to the total 
                amount collected by the Commission pursuant to the 
                regulations promulgated under paragraph (7) for the 
                fiscal year.
                    (C) Use of fund.--Amounts in the Fund shall be 
                available to the Commission, without further 
                appropriation or fiscal year limitation, for making 
                grants under this subsection.
            (3) Establishment of grant program.--Not later than 1 year 
        after the date of enactment of this Act, the Commission shall 
        establish a grant program under which the Commission shall 
        award grants to eligible entities to support the activities of 
        community advisory boards.
            (4) Applications.--An eligible entity desiring a grant 
        under this subsection shall submit to the Commission an 
        application at such time, in such manner, and containing such 
        information as the Commission may require.
            (5) Use of funds.--
                    (A) Awarding of subgrants.--An eligible entity 
                shall use a grant awarded under this subsection to make 
                subgrants to community advisory boards for use in 
                accordance with subparagraph (B).
                    (B) Use of subgrants.--A community advisory board 
                may use a subgrant awarded under subparagraph (A)--
                            (i) to hire or consult with experts;
                            (ii) for administrative costs;
                            (iii) to cover travel expenses;
                            (iv) for website and social media 
                        maintenance;
                            (v) for the preparation of annual reports 
                        and other communications;
                            (vi) to contract for services;
                            (vii) to reimburse volunteers; and
                            (viii) to cover other reasonable and 
                        necessary expenses of the community advisory 
                        board, as determined to be appropriate by the 
                        Commission.
            (6) Cost sharing.--Notwithstanding any other provision of 
        law, with respect to a subgrant awarded under this subsection, 
        neither the Commission nor an eligible entity may impose a 
        cost-sharing requirement on a community advisory board with 
        respect to--
                    (A) any activity that is carried out on behalf of, 
                for the benefit of, or to foster communication and 
                information exchange with, a small, rural, or 
                disadvantaged community; or
                    (B) any activity of the community advisory board 
                if--
                            (i) the applicable nuclear power plant or 
                        nuclear power generation unit is located in a 
                        small, rural, or disadvantaged community; or
                            (ii) a small, rural, or disadvantaged 
                        community may be disproportionately impacted by 
                        the applicable decommissioning activities of 
                        the licensee.
            (7) Rulemaking.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Commission shall 
                promulgate regulations requiring a licensee submitting 
                to the Commission a PSDAR relating to the 
                decommissioning of a nuclear power plant or a nuclear 
                power generation unit, as determined by the Commission, 
                for which consultation is required under section 113 b. 
                of the Atomic Energy Act of 1954 to certify that the 
                licensee has paid to the Commission for deposit into 
                the Fund--
                            (i) in the case of a PSDAR relating to the 
                        decommissioning of 1 or more nuclear power 
                        plants, $500,000 for each of those power 
                        plants; or
                            (ii) in the case of a PSDAR relating to the 
                        decommissioning of 1 or more nuclear power 
                        generation units, as determined by the 
                        Commission, $500,000 for each nuclear power 
                        plant in which those units are located.
                    (B) Requirements.--The regulations promulgated 
                under subparagraph (A) shall provide that--
                            (i) for each subsequent PSDAR relating to a 
                        nuclear power plant for which a PSDAR was 
                        previously submitted relating to the power 
                        plant or any nuclear power generation unit 
                        located in the power plant--
                                    (I) if consultation is required 
                                under section 113 b. of the Atomic 
                                Energy Act of 1954 with respect to the 
                                subsequent PSDAR or any decommissioning 
                                activities relating to the subsequent 
                                PSDAR, the licensee submitting the 
                                subsequent PSDAR shall certify that the 
                                licensee has paid to the Commission for 
                                deposit into the Fund $500,000, which 
                                shall be in addition to any amounts 
                                previously paid to the Commission for 
                                deposit into the Fund relating to any 
                                previously submitted PSDAR; and
                                    (II) if consultation under section 
                                113 b. of the Atomic Energy Act of 1954 
                                is not required with respect to the 
                                subsequent PSDAR or any decommissioning 
                                activities relating to the subsequent 
                                PSDAR, the licensee submitting the 
                                subsequent PSDAR shall certify that 
                                such consultation is not required;
                            (ii) a licensee may pay to the Commission 
                        the amounts described in clause (i) or (ii) of 
                        subparagraph (A) or in subclause (I) of clause 
                        (i) at any time prior to the submission of a 
                        PSDAR relating to those amounts; and
                            (iii) with respect to a merchant power 
                        plant, no amounts may be withdrawn from the 
                        decommissioning trust fund relating to that 
                        merchant power plant for the purpose of paying 
                        to the Commission an amount described in--
                                    (I) clause (i) or (ii) of 
                                subparagraph (A); or
                                    (II) subclause (I) of clause (i).
                    (C) Limitation.--A licensee that has paid to the 
                Commission the amount described in clause (i) or (ii) 
                of subparagraph (A) with respect to a nuclear power 
                plant shall not be required to pay that amount with 
                respect to the same power plant on submission of any 
                subsequent PSDAR relating to the decommissioning of 
                that power plant or any nuclear power generation unit 
                located in that power plant if consultation is not 
                required with respect to that PSDAR or any 
                decommissioning activities relating to that PSDAR under 
                section 113 b. of the Atomic Energy Act of 1954.
            (8) Requirement.--In carrying out this subsection, the 
        Commission, to the maximum extent practicable, shall implement 
        the recommendations described in the report submitted to 
        Congress under section 108 of the Nuclear Energy Innovation and 
        Modernization Act (Public Law 115-439; 132 Stat. 5577) entitled 
        ``Best Practices for Establishment and Operation of Local 
        Community Advisory Boards Associated with Decommissioning 
        Activities at Nuclear Power Plants''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS TO ASSIST NUCLEAR CLOSURE 
              COMMUNITIES.

    (a) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the 
        Economic Development Administration.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Economic 
        Development.
            (3) Nuclear closure community.--The term ``nuclear closure 
        community'' means a community that has been impacted, or 
        reasonably demonstrates to the satisfaction of the Assistant 
        Secretary that it will be impacted, by the closure of a nuclear 
        power plant.
            (4) Small, rural, or disadvantaged community.--The term 
        ``small, rural, or disadvantaged community'' means a community 
        that--
                    (A) has a population of fewer than 50,000 
                individuals; or
                    (B) is disadvantaged with respect to geographic, 
                socioeconomic, public health, or environmental hazard 
                criteria, as determined by the Assistant Secretary.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Assistant Secretary to assist in the economic development 
        of nuclear closure communities $35,000,000 for each of fiscal 
        years 2021 through 2029.
            (2) Use of funds.--Of any amounts appropriated under 
        paragraph (1), the Assistant Secretary shall use--
                    (A) 15 percent to provide technical assistance to 
                nuclear closure communities under the Research and 
                National Technical Assistance Program of the 
                Administration; and
                    (B) 85 percent for implementation projects in 
                nuclear closure communities under the Economic 
                Adjustment Assistance Program of the Administration 
                established under section 209 of the Public Works and 
                Economic Development Act of 1965 (42 U.S.C. 3149).
            (3) Cost sharing.--Notwithstanding any other provision of 
        law, with respect to any amounts appropriated under paragraph 
        (1), the Assistant Secretary may not impose a cost-sharing 
        requirement with respect to--
                    (A) any technical assistance described in paragraph 
                (2)(A) that is provided to a nuclear closure community 
                that is a small, rural, or disadvantaged community; or
                    (B) any implementation project described in 
                paragraph (2)(B) in a nuclear closure community that is 
                a small, rural, or disadvantaged community.

SEC. 5. FINANCIAL ASSISTANCE FOR COMMUNITIES WITH STRANDED NUCLEAR 
              WASTE.

    (a) Definitions.--In this section:
            (1) Affected community.--The term ``affected community'' 
        means a unit of local government, including a county, city, 
        town, village, school district, or special district, that 
        contains stranded nuclear waste within the boundaries of the 
        unit of local government, as determined by the Secretary.
            (2) Eligible civilian nuclear power plant.--The term 
        ``eligible civilian nuclear power plant'' means a nuclear power 
        plant that--
                    (A) has been decommissioned; or
                    (B) is in the process of being decommissioned.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (4) Stranded nuclear waste.--The term ``stranded nuclear 
        waste'' means nuclear waste or spent nuclear fuel stored in dry 
        casks or spent fuel pools at a decommissioned or 
        decommissioning nuclear facility.
    (b) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall establish and carry out a 
noncompetitive grant program to provide financial assistance to units 
of local government within the jurisdictional boundary of which an 
eligible civilian nuclear power plant is located to offset the economic 
and social impacts of stranded nuclear waste in affected communities.
    (c) Eligibility.--A unit of local government that is an affected 
community shall be eligible to receive a grant under this section for a 
fiscal year.
    (d) Awards.--
            (1) Amount.--The amount of a grant awarded under subsection 
        (b) shall be equal to $15 for each kilogram of spent nuclear 
        fuel stored at the eligible civilian nuclear power plant in the 
        affected community.
            (2) Number and frequency.--With respect to each eligible 
        civilian nuclear power plant, the Secretary may only award 1 
        grant under subsection (b) to each eligible unit of local 
        government for each fiscal year.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary such sums as are necessary to carry out this 
        section for each of fiscal years 2020 through 2029.
            (2) No offset.--None of the funds made available under this 
        subsection may be used to offset the funding for any other 
        Federal program.
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