[Congressional Record Volume 164, Number 201 (Thursday, December 20, 2018)]
[Senate]
[Pages S7957-S7962]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NUCLEAR ENERGY INNOVATION AND MODERNIZATION ACT

  Mr. SULLIVAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 108, S. 512.
  The PRESIDENT pro tempore. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 512) to modernize the regulation of nuclear 
     energy.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Environment and Public 
Works, with an amendment to strike all after the enacting clause and 
insert in lieu thereof the following:

     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.
Sec. 107. Encouraging private investment in research and test reactors.
Sec. 108. Commission report on accident tolerant fuel.

                           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, 
     efficient, and timely as practicable without compromising 
     safety or security;

[[Page S7958]]

       (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 use 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) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives.
       (5) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (6) Conceptual design assessment.--The term ``conceptual 
     design assessment'' means an early-stage review by the 
     Commission that--
       (A) assesses preliminary design information for consistency 
     with applicable regulatory requirements of the Commission;
       (B) is performed on a set of topic areas agreed to in the 
     licensing project plan; and
       (C) is performed at a cost and schedule agreed to in the 
     licensing project plan.
       (7) Corporate support costs.--The term ``corporate support 
     costs'' means expenditures for acquisitions, administrative 
     services, financial management, human resource management, 
     information management, information technology, policy 
     support, outreach, and training, as those categories are 
     described and calculated in Appendix A of the Congressional 
     Budget Justification for Fiscal Year 2017 of the Commission.
       (8) Licensing project plan.--The term ``licensing project 
     plan'' means a plan that describes--
       (A) the interactions between an applicant and the 
     Commission; and
       (B) project schedules and deliverables in specific detail 
     to support long-range resource planning undertaken by the 
     Commission and an applicant.
       (9) Regulatory framework.--The term ``regulatory 
     framework'' means the framework for reviewing requests for 
     certifications, permits, approvals, and licenses for nuclear 
     reactors.
       (10) Requested activity of the commission.--The term 
     ``requested activity of the Commission'' means--
       (A) the processing of applications for--
       (i) design certifications or approvals;
       (ii) licenses;
       (iii) permits;
       (iv) license amendments;
       (v) license renewals;
       (vi) certificates of compliance; and
       (vii) power uprates; and
       (B) any other activity requested by a licensee or 
     applicant.
       (11) Research and test reactor.--
       (A) In general.--The term ``research and test reactor'' 
     means a reactor that--
       (i) falls within the licensing and related regulatory 
     authority of the Commission under section 202 of the Energy 
     Reorganization Act of 1974 (42 U.S.C. 5842); and
       (ii) is useful in the conduct of research and development 
     activities as licensed under section 104 c. of the Atomic 
     Energy Act (42 U.S.C. 2134(c)).
       (B) Exclusion.--The term ``research and test reactor'' does 
     not include a commercial nuclear reactor.
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (13) Standard design approval.--The term ``standard design 
     approval'' means the approval of a final standard design or a 
     major portion of a final design standard as described in 
     subpart E of part 52 of title 10, Code of Federal Regulations 
     (as in effect on the date of enactment of this Act).
       (14) Technology-inclusive regulatory framework.--The term 
     ``technology-inclusive regulatory framework'' means a 
     regulatory framework developed using methods of evaluation 
     that are flexible and practicable for application to a 
     variety of reactor technologies, including, where 
     appropriate, the use of risk-informed and performance-based 
     techniques and other tools and methods.
       (15) Topical report.--The term ``topical report'' means a 
     document submitted to the Commission that addresses a 
     technical topic related to nuclear reactor safety or design.

            TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

     SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL 
                   CHARGES THROUGH FISCAL YEAR 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 regulatory 
     infrastructure for advanced nuclear reactor technologies, 
     including activities required under section 103 of the 
     Nuclear Energy Innovation and Modernization Act.''.
       (b) Repeal.--Effective October 1, 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) Any fee relief activity identified by the Commission 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)).

[[Page S7959]]

       (ii) Amounts appropriated for a fiscal year to the 
     Commission--

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

       (iii) Costs for activities related to the development of 
     regulatory infrastructure for advanced nuclear reactor 
     technologies, including activities required under section 
     103.
       (C) Exception.--The exclusion described in subparagraph 
     (B)(iii) shall cease to be effective on January 1, 2031.
       (D) Report.--Not later than December 31, 2029, the 
     Commission shall submit to the Committee on Appropriations 
     and the Committee on Environment and Public Works of the 
     Senate and the Committee on Appropriations and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report describing the views of the Commission on the 
     continued appropriateness and necessity of the funding 
     described in subparagraph (B)(iii).
       (2) Fees for service or thing of value.--In accordance with 
     section 9701 of title 31, United States Code, the Commission 
     shall 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.--
       (1) Staged licensing.--For the purpose of predictable, 
     efficient, and timely reviews, not later than 270 days after 
     the date of enactment of this Act, the Commission shall 
     develop and implement, within the existing regulatory 
     framework, strategies for--
       (A) establishing stages in the licensing process for 
     commercial advanced nuclear reactors; and
       (B) developing procedures and processes for--
       (i) using a licensing project plan; and
       (ii) optional use of a conceptual design assessment.
       (2) Risk-informed licensing.--Not later than 2 years after 
     the date of enactment of this Act, the Commission shall 
     develop and implement, where appropriate, strategies for the 
     increased use of risk-informed, performance-based licensing 
     evaluation techniques and guidance for commercial advanced 
     nuclear reactors within the existing regulatory framework, 
     including evaluation techniques and guidance for the 
     resolution of the following:
       (A) Applicable policy issues identified during the course 
     of review by the Commission of a commercial advanced nuclear 
     reactor licensing application.
       (B) The issues described in SECY-93-092 and SECY-15-077, 
     including--
       (i) licensing basis event selection and evaluation;
       (ii) source terms;
       (iii) containment performance; and
       (iv) emergency preparedness.
       (3) Research and test reactor licensing.--For the purpose 
     of predictable, efficient, and timely reviews, not later than 
     2 years after the date of enactment of this Act, the 
     Commission shall develop and implement strategies within the 
     existing regulatory framework for licensing research and test 
     reactors, including the issuance of guidance.
       (4) Technology-inclusive regulatory framework.--Not later 
     than December 31, 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--

[[Page S7960]]

       (A)(i) the unique aspects of commercial advanced nuclear 
     reactor licensing, including the use of alternative coolants, 
     operation at or near atmospheric pressure, and the use of 
     passive safety strategies;
       (ii) strategies for the qualification of advanced nuclear 
     reactor fuel, including the use of computer modeling and 
     simulation and experimental validation; and
       (iii) for the purposes of predictable, efficient, and 
     timely reviews, any associated legal, regulatory, and policy 
     issues the Commission should address with regard to the 
     licensing of commercial advanced nuclear reactor 
     technologies;
       (B) options for licensing commercial advanced nuclear 
     reactors under the regulations of the Commission contained in 
     title 10, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act), including--
       (i) the development and use under the regulatory framework 
     of the Commission in effect on the date of enactment of this 
     Act of a licensing project plan that could establish--

       (I) milestones that--

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

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

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

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

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

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

       (ii) other policy issues previously identified; and
       (B) the extent to which Commission action is needed to 
     implement any part of the report.
       (d) Report To Prepare the Research and Test Reactor 
     Licensing Process.--
       (1) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Commission shall submit to the 
     appropriate congressional committees a report for preparing 
     the licensing process for research and test reactors within 
     the existing regulatory framework (referred to in this 
     subsection as the ``report'').
       (2) Coordination and stakeholder input.--In developing the 
     report, the Commission shall seek input from the Secretary, 
     the nuclear energy industry, a diverse set of technology 
     developers, and other public stakeholders.
       (3) Cost and schedule estimates.--The report shall include 
     proposed cost estimates, budgets, and timeframes for 
     preparing the licensing process for research and test 
     reactors.
       (4) Required evaluations.--Consistent with the role of the 
     Commission in protecting public health and safety and common 
     defense and security, the report shall evaluate--
       (A) the unique aspects of research and test reactor 
     licensing and any associated legal, regulatory, and policy 
     issues the Commission should address to prepare the licensing 
     process for research and test reactors;
       (B) the feasibility of developing guidelines for advanced 
     reactor demonstrations and prototypes to support the review 
     process for advanced reactors designs, including designs that 
     use alternative coolants or alternative fuels, operate at or 
     near atmospheric pressure, and use passive safety strategies; 
     and
       (C) the extent to which Commission action or modification 
     of policy is needed to implement any part of the report.
       (e) Report To Complete a Rulemaking To Establish a 
     Technology-Inclusive Regulatory Framework for Optional Use by 
     Commercial Advanced Nuclear Reactor Technologies in New 
     Reactor License Applications and To Enhance Commission 
     Expertise Relating to Advanced Nuclear Reactor 
     Technologies.--
       (1) Report required.--Not later than 30 months after the 
     date of enactment of this Act, the Commission shall submit to 
     the appropriate congressional committees a report (referred 
     to in this subsection as the ``report'') for--
       (A) completing a rulemaking to establish a technology-
     inclusive regulatory framework for optional use by applicants 
     in licensing commercial advanced nuclear reactor technologies 
     in new reactor license applications; and
       (B) ensuring that the Commission has adequate expertise, 
     modeling, and simulation capabilities, or access to those 
     capabilities, to support the evaluation of commercial 
     advanced reactor license applications, including the 
     qualification of advanced nuclear reactor fuel.
       (2) Coordination and stakeholder input.--In developing the 
     report, the Commission shall seek input from the Secretary, 
     the nuclear energy industry, a diverse set of technology 
     developers, and other public stakeholders.
       (3) Cost and schedule estimate.--The report shall include 
     proposed cost estimates, budgets, and timeframes for 
     developing and implementing a technology-inclusive regulatory 
     framework for licensing commercial advanced nuclear reactor 
     technologies, including completion of a rulemaking.
       (4) Required evaluations.--Consistent with the role of the 
     Commission in protecting public health and safety and common 
     defense and security, the report shall evaluate--
       (A) the ability of the Commission to complete a rulemaking 
     to establish a technology-inclusive regulatory framework for 
     licensing commercial advanced nuclear reactor technologies by 
     December 31, 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) Definitions.--In this section:
       (1) Eligible applicant.--The term ``eligible applicant'' 
     means an applicant for a grant under the program that is 
     seeking a license for an advanced nuclear reactor or a 
     research and test reactor.
       (2) Program.--The term ``program'' means the Advanced 
     Nuclear Energy Cost-Share Grant Program established under 
     subsection (b).
       (b) Establishment.--The Secretary shall establish a grant 
     program to be known as the ``Advanced Nuclear Energy Cost-
     Share Grant Program'', under which the Secretary shall make 
     cost-share grants to eligible applicants for the purpose of 
     funding a portion of the Commission fees and other costs of 
     the eligible applicant for pre-application and application 
     review activities.
       (c) Requirement.--The Secretary shall seek out technology 
     diversity in making grants under the program.
       (d) Cost-Share Amount.--The Secretary shall determine the 
     cost-share amount for each grant.
       (e) Use of Funds.--Recipients of grants under the program 
     may use the grant funds to cover Commission fees and other 
     costs, including those fees or other costs associated with--
       (1) developing a licensing project plan;
       (2) preparing an application for and obtaining a conceptual 
     design assessment;
       (3) preparing and reviewing topical reports; and
       (4) other pre-application and application review activities 
     and interactions with the Commission.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the

[[Page S7961]]

     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.

     SEC. 107. ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND TEST 
                   REACTORS.

       (a) Purpose.--The purpose of this section is to encourage 
     private investment in research and test reactors.
       (b) Research and Development Activities.--Section 104 c. of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) is 
     amended--
       (1) in the first sentence, by striking ``and which are not 
     facilities of the type specified in subsection 104 b.'' and 
     inserting a period; and
       (2) by adding at the end the following: ``The Commission is 
     authorized to issue licenses under this section for 
     utilization facilities useful in the conduct of research and 
     development activities of the types specified in section 31 
     in which the licensee sells research and testing services and 
     energy to others, subject to the condition that the licensee 
     shall recover not more than 75 percent of the annual costs to 
     the licensee of owning and operating the facility through 
     sales of nonenergy services, energy, or both, other than 
     research and development or education and training, of which 
     not more than 50 percent may be through sales of energy.''.

     SEC. 108. COMMISSION REPORT ON ACCIDENT TOLERANT FUEL.

       (a) Definition of Accident Tolerant Fuel.--In this section, 
     the term ``accident tolerant fuel'' means a new technology 
     that--
       (1) makes an existing commercial nuclear reactor more 
     resistant to a nuclear incident (as defined in section 11 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2014)); and
       (2) lowers the cost of electricity over the licensed 
     lifetime of an existing commercial nuclear reactor.
       (b) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Commission shall submit to 
     Congress a report describing the status of the licensing 
     process of the Commission for accident tolerant fuel.

                           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 
     is not authorized to provide enrichment services or transfer 
     or sell any uranium 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 or selling 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) in paragraph (1), by striking ``(c) and (e)'' and all 
     that follows through ``uranium)'' and inserting ``(e) and 
     (g), the Secretary may, from time to time, sell uranium'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Limitations.--The transfers authorized under 
     subsections (e) and (g), and the sales authorized under 
     paragraph (1), shall be subject to the following limitations:
       ``(A) Effective for the period of calendar years 2017 
     through 2025, the Secretary shall not transfer or sell 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, the Secretary 
     shall not transfer or sell 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.'';

[[Page S7962]]

       (D) in paragraph (3) (as redesignated by subparagraph 
     (B))--
       (i) in the matter preceding subparagraph (A), by striking 
     the paragraph designation and all that follows through 
     ``unless--'' and inserting the following:
       ``(3) Determinations.--Except as provided in subsections 
     (d), (e), and (g), and subject to paragraph (4), no sale or 
     transfer of uranium shall be made unless--''; and
       (ii) in subparagraph (B), by striking ``the sale'' and 
     inserting ``the sale or transfer''; and
       (E) by adding at the end the following:
       ``(4) Requirements for determinations.--
       ``(A) Proposed determination.--Before making a 
     determination under paragraph (3)(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 (3)(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 (3)(B) shall be waived for 
     transferring or selling 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)(3), but subject to subsection (f)(2)''.

  Mr. SULLIVAN. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; that the Barrasso substitute 
amendment at the desk be agreed to; and that the bill, as amended, be 
considered read a third time.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 4175) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill, as amended, was ordered to be engrossed for a third reading 
and was read the third time.
  Mr. SULLIVAN. I know of no further debate on the bill.
  The PRESIDENT pro tempore. Is there any further debate?
  If not, the bill having been read the third time, the question is, 
Shall the bill pass?
  The bill (S. 512), as amended, was passed.
  Mr. SULLIVAN. I ask unanimous consent that the motion to reconsider 
be considered made and laid upon the table.
  The PRESIDENT pro tempore. Without objection, it is so ordered.

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