[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;
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(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)).
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(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.
____________________