[Congressional Record Volume 164, Number 202 (Friday, December 21, 2018)]
[House]
[Pages H10553-H10558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NUCLEAR ENERGY INNOVATION AND MODERNIZATION ACT

  Mr. KINZINGER. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 512) to modernize the regulation of nuclear energy.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 512

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Nuclear 
     Energy Innovation and Modernization Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

            TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

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

                           TITLE II--URANIUM

Sec. 201. Uranium recovery report.
Sec. 202. Pilot program for uranium recovery fees.

     SEC. 2. PURPOSE.

       The purpose of this Act is to provide--
       (1) a program to develop the expertise and regulatory 
     processes necessary to allow innovation and the 
     commercialization of advanced nuclear reactors;
       (2) a revised fee recovery structure to ensure the 
     availability of resources to meet industry needs without 
     burdening existing licensees unfairly for inaccurate workload 
     projections or premature existing reactor closures; and
       (3) more efficient regulation of uranium recovery.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' means a nuclear fission or fusion reactor, 
     including a prototype plant (as defined in sections 50.2 and 
     52.1 of title 10, Code of Federal Regulations (as in effect 
     on the date of enactment of this Act)), with significant 
     improvements compared to commercial nuclear reactors under 
     construction as of the date of enactment of this Act, 
     including improvements such as--
       (A) additional inherent safety features;
       (B) significantly lower levelized cost of electricity;
       (C) lower waste yields;
       (D) greater fuel utilization;
       (E) enhanced reliability;
       (F) increased proliferation resistance;
       (G) increased thermal efficiency; or
       (H) ability to integrate into electric and nonelectric 
     applications.
       (2) Advanced nuclear reactor fuel.--The term ``advanced 
     nuclear reactor fuel'' means fuel for use in an advanced 
     nuclear reactor or a research and test reactor, including 
     fuel with a low uranium enrichment level of not greater than 
     20 percent.
       (3) Agreement state.--The term ``Agreement State'' means 
     any State with which the Commission has entered into an 
     effective agreement under section 274 b. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2021(b)).
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives.
       (5) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (6) Conceptual design assessment.--The term ``conceptual 
     design assessment'' means an early-stage review by the 
     Commission that--
       (A) assesses preliminary design information for consistency 
     with applicable regulatory requirements of the Commission;
       (B) is performed on a set of topic areas agreed to in the 
     licensing project plan; and
       (C) is performed at a cost and schedule agreed to in the 
     licensing project plan.
       (7) Corporate support costs.--The term ``corporate support 
     costs'' means expenditures for acquisitions, administrative 
     services, financial management, human resource management, 
     information management, information technology, policy 
     support, outreach, and training, as those categories are 
     described and calculated in Appendix A of the Congressional 
     Budget Justification for Fiscal Year 2018 of the Commission.
       (8) Licensing project plan.--The term ``licensing project 
     plan'' means a plan that describes--
       (A) the interactions between an applicant and the 
     Commission; and
       (B) project schedules and deliverables in specific detail 
     to support long-range resource planning undertaken by the 
     Commission and an applicant.
       (9) Regulatory framework.--The term ``regulatory 
     framework'' means the framework for reviewing requests for 
     certifications, permits, approvals, and licenses for nuclear 
     reactors.
       (10) Requested activity of the commission.--The term 
     ``requested activity of the Commission'' means--
       (A) the processing of applications for--
       (i) design certifications or approvals;
       (ii) licenses;
       (iii) permits;
       (iv) license amendments;
       (v) license renewals;
       (vi) certificates of compliance; and
       (vii) power uprates; and
       (B) any other activity requested by a licensee or 
     applicant.
       (11) Research and test reactor.--
       (A) In general.--The term ``research and test reactor'' 
     means a reactor that--
       (i) falls within the licensing and related regulatory 
     authority of the Commission under section 202 of the Energy 
     Reorganization Act of 1974 (42 U.S.C. 5842); and
       (ii) is useful in the conduct of research and development 
     activities as licensed under section 104 c. of the Atomic 
     Energy Act (42 U.S.C. 2134(c)).
       (B) Exclusion.--The term ``research and test reactor'' does 
     not include a commercial nuclear reactor.
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (13) Standard design approval.--The term ``standard design 
     approval'' means the approval of a final standard design or a 
     major portion of a final design standard as described in 
     subpart E of part 52 of title 10, Code of Federal Regulations 
     (as in effect on the date of enactment of this Act).
       (14) Technology-inclusive regulatory framework.--The term 
     ``technology-inclusive regulatory framework'' means a 
     regulatory framework developed using methods of evaluation 
     that are flexible and practicable for application to a 
     variety of reactor technologies, including, where 
     appropriate, the use of risk-informed and performance-based 
     techniques and other tools and methods.
       (15) Topical report.--The term ``topical report'' means a 
     document submitted to the Commission that addresses a 
     technical topic related to nuclear reactor safety or design.

            TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

     SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL 
                   CHARGES THROUGH FISCAL YEAR 2020.

       (a) In General.--Section 6101(c)(2)(A) of the Omnibus 
     Budget Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) 
     is amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(v) amounts appropriated to the Commission for the fiscal 
     year for activities related to the development of regulatory 
     infrastructure for advanced nuclear reactor technologies, 
     including activities required under section 103 of the 
     Nuclear Energy Innovation and Modernization Act.''.
       (b) Repeal.--Effective October 1, 2020, section 6101 of the 
     Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is 
     repealed.

     SEC. 102. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL 
                   CHARGES FOR FISCAL YEAR 2021 AND EACH FISCAL 
                   YEAR THEREAFTER.

       (a) Annual Budget Justification.--
       (1) In general.--In the annual budget justification 
     submitted by the Commission to Congress, the Commission shall 
     expressly identify anticipated expenditures necessary for 
     completion of the requested activities of the Commission 
     anticipated to occur during the applicable fiscal year.
       (2) Restriction.--Budget authority granted to the 
     Commission for purposes of the requested activities of the 
     Commission shall be used, to the maximum extent practicable, 
     solely for conducting requested activities of the Commission.
       (3) Limitation on corporate support costs.--With respect to 
     the annual budget justification submitted to Congress, 
     corporate support costs, to the maximum extent practicable, 
     shall not exceed the following percentages of the total 
     budget authority of the Commission requested in the annual 
     budget justification:
       (A) 30 percent for each of fiscal years 2021 and 2022.
       (B) 29 percent for each of fiscal years 2023 and 2024.
       (C) 28 percent for fiscal year 2025 and each fiscal year 
     thereafter.
       (b) Fees and Charges.--
       (1) Annual assessment.--

[[Page H10554]]

       (A) In general.--Each fiscal year, the Commission shall 
     assess and collect fees and charges in accordance with 
     paragraphs (2) and (3) in a manner that ensures that, to the 
     maximum extent practicable, the amount assessed and collected 
     is equal to an amount that approximates--
       (i) the total budget authority of the Commission for that 
     fiscal year; less
       (ii) the budget authority of the Commission for the 
     activities described in subparagraph (B).
       (B) Excluded activities described.--The activities referred 
     to in subparagraph (A)(ii) are the following:
       (i) Any fee relief activity, as identified by the 
     Commission.
       (ii) Amounts appropriated for a fiscal year to the 
     Commission--

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

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

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

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

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

       (aa) a circulating loop through the core in which the 
     licensee conducts fuel experiments;
       (bb) a liquid fuel loading; or
       (cc) an experimental facility in the core in excess of 16 
     square inches in cross-section.
       (ii) Exemption.--Subparagraph (A) shall not apply to the 
     holder of any license for a federally owned research reactor 
     used primarily for educational training and academic research 
     purposes.
       (c) Performance and Reporting.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall develop for the 
     requested activities of the Commission--
       (A) performance metrics; and
       (B) milestone schedules.
       (2) Delays in issuance of final safety evaluation.--The 
     Executive Director for Operations of the Commission shall 
     inform the Commission of a delay in issuance of the final 
     safety evaluation for a requested activity of the Commission 
     by the completion date required by the performance metrics or 
     milestone schedule under paragraph (1) by not later than 30 
     days after the completion date.
       (3) Delays in issuance of final safety evaluation exceeding 
     180 days.--If the final safety evaluation for the requested 
     activity of the Commission described in paragraph (2) is not 
     completed by the date that is 180 days after the completion 
     date required by the performance metrics or milestone 
     schedule under paragraph (1), the Commission shall submit to 
     the appropriate congressional committees a timely report 
     describing the delay, including a detailed explanation 
     accounting for the delay and a plan for timely completion of 
     the final safety evaluation.
       (d) Accurate Invoicing.--With respect to invoices for fees 
     described in subsection (b)(2), the Commission shall--
       (1) ensure appropriate review and approval prior to the 
     issuance of invoices;
       (2) develop and implement processes to audit invoices to 
     ensure accuracy, transparency, and fairness; and
       (3) modify regulations to ensure fair and appropriate 
     processes to provide licensees and applicants an opportunity 
     to efficiently dispute or otherwise seek review and 
     correction of errors in invoices for those fees.
       (e) Report.--Not later than September 30, 2021, the 
     Commission shall submit to the Committee on Appropriations 
     and the Committee on Environment and Public Works of the 
     Senate and the Committee on Appropriations and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report describing the implementation of this section, 
     including any impacts and recommendations for improvement.
       (f) Effective Date.--Except as provided in subsection (c), 
     this section takes effect on October 1, 2020.

     SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM.

       (a) Licensing.--
       (1) Staged licensing.--For the purpose of predictable, 
     efficient, and timely reviews, not later than 270 days after 
     the date of enactment of this Act, the Commission shall 
     develop and implement, within the existing regulatory 
     framework, strategies for--
       (A) establishing stages in the licensing process for 
     commercial advanced nuclear reactors; and
       (B) developing procedures and processes for--
       (i) using a licensing project plan; and
       (ii) optional use of a conceptual design assessment.
       (2) Risk-informed licensing.--Not later than 2 years after 
     the date of enactment of this Act, the Commission shall 
     develop and implement, where appropriate, strategies for the 
     increased use of risk-informed, performance-based licensing 
     evaluation techniques and guidance for commercial advanced 
     nuclear reactors within the existing regulatory framework, 
     including evaluation techniques and guidance for the 
     resolution of the following:
       (A) Applicable policy issues identified during the course 
     of review by the Commission of a commercial advanced nuclear 
     reactor licensing application.
       (B) The issues described in SECY-93-092 and SECY-15-077, 
     including--
       (i) licensing basis event selection and evaluation;
       (ii) source terms;
       (iii) containment performance; and
       (iv) emergency preparedness.
       (3) Research and test reactor licensing.--For the purpose 
     of predictable, efficient, and timely reviews, not later than 
     2 years after the date of enactment of this Act, the 
     Commission shall develop and implement strategies within the 
     existing regulatory framework for licensing research and test 
     reactors, including the issuance of guidance.
       (4) Technology-inclusive regulatory framework.--Not later 
     than December 31, 2027, the Commission shall complete a 
     rulemaking to establish a technology-inclusive, regulatory 
     framework for optional use by commercial advanced nuclear 
     reactor applicants for new reactor license applications.
       (5) Training and expertise.--As soon as practicable after 
     the date of enactment of this Act, the Commission shall 
     provide for staff training or the hiring of experts, as 
     necessary--
       (A) to support the activities described in paragraphs (1) 
     through (4); and
       (B) to support preparations--
       (i) to conduct pre-application interactions; and

[[Page H10555]]

       (ii) to review commercial advanced nuclear reactor license 
     applications.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to the Commission to carry out this 
     subsection $14,420,000 for each of fiscal years 2020 through 
     2024.
       (b) Report To Establish Stages in the Commercial Advanced 
     Nuclear Reactor Licensing Process.--
       (1) Report required.--Not later than 180 days after the 
     date of enactment of this Act, the Commission shall submit to 
     the appropriate congressional committees a report for 
     expediting and establishing stages in the licensing process 
     for commercial advanced nuclear reactors that will allow 
     implementation of the licensing process by not later than 2 
     years after the date of enactment of this Act (referred to in 
     this subsection as the ``report'').
       (2) Coordination and stakeholder input.--In developing the 
     report, the Commission shall seek input from the Secretary, 
     the nuclear energy industry, a diverse set of technology 
     developers, and other public stakeholders.
       (3) Cost and schedule estimates.--The report shall include 
     proposed cost estimates, budgets, and timeframes for 
     implementing strategies to establish stages in the licensing 
     process for commercial advanced nuclear reactor technologies.
       (4) Required evaluations.--Consistent with the role of the 
     Commission in protecting public health and safety and common 
     defense and security, the report shall evaluate--
       (A)(i) the unique aspects of commercial advanced nuclear 
     reactor licensing, including the use of alternative coolants, 
     operation at or near atmospheric pressure, and the use of 
     passive safety strategies;
       (ii) strategies for the qualification of advanced nuclear 
     reactor fuel, including the use of computer modeling and 
     simulation and experimental validation; and
       (iii) for the purposes of predictable, efficient, and 
     timely reviews, any associated legal, regulatory, and policy 
     issues the Commission should address with regard to the 
     licensing of commercial advanced nuclear reactor 
     technologies;
       (B) options for licensing commercial advanced nuclear 
     reactors under the regulations of the Commission contained in 
     title 10, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act), including--
       (i) the development and use under the regulatory framework 
     of the Commission in effect on the date of enactment of this 
     Act of a licensing project plan that could establish--

       (I) milestones that--

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

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

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

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

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

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

       (ii) other policy issues previously identified; and
       (B) the extent to which Commission action is needed to 
     implement any part of the report.
       (d) Report To Prepare the Research and Test Reactor 
     Licensing Process.--
       (1) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Commission shall submit to the 
     appropriate congressional committees a report for preparing 
     the licensing process for research and test reactors within 
     the existing regulatory framework (referred to in this 
     subsection as the ``report'').
       (2) Coordination and stakeholder input.--In developing the 
     report, the Commission shall seek input from the Secretary, 
     the nuclear energy industry, a diverse set of technology 
     developers, and other public stakeholders.
       (3) Cost and schedule estimates.--The report shall include 
     proposed cost estimates, budgets, and timeframes for 
     preparing the licensing process for research and test 
     reactors.
       (4) Required evaluations.--Consistent with the role of the 
     Commission in protecting public health and safety and common 
     defense and security, the report shall evaluate--
       (A) the unique aspects of research and test reactor 
     licensing and any associated legal, regulatory, and policy 
     issues the Commission should address to prepare the licensing 
     process for research and test reactors;
       (B) the feasibility of developing guidelines for advanced 
     reactor demonstrations and prototypes to support the review 
     process for advanced reactors designs, including designs that 
     use alternative coolants or alternative fuels, operate at or 
     near atmospheric pressure, and use passive safety strategies; 
     and
       (C) the extent to which Commission action or modification 
     of policy is needed to implement any part of the report.
       (e) Report To Complete a Rulemaking To Establish a 
     Technology-Inclusive Regulatory Framework for Optional Use by 
     Commercial Advanced Nuclear Reactor Technologies in New 
     Reactor License Applications and To Enhance Commission 
     Expertise Relating to Advanced Nuclear Reactor 
     Technologies.--
       (1) Report required.--Not later than 30 months after the 
     date of enactment of this Act, the Commission shall submit to 
     the appropriate congressional committees a report (referred 
     to in this subsection as the ``report'') for--
       (A) completing a rulemaking to establish a technology-
     inclusive regulatory framework for optional use by applicants 
     in licensing commercial advanced nuclear reactor technologies 
     in new reactor license applications; and
       (B) ensuring that the Commission has adequate expertise, 
     modeling, and simulation capabilities, or access to those 
     capabilities, to support the evaluation of commercial 
     advanced reactor license applications, including the 
     qualification of advanced nuclear reactor fuel.
       (2) Coordination and stakeholder input.--In developing the 
     report, the Commission shall seek input from the Secretary, 
     the nuclear energy industry, a diverse set of technology 
     developers, and other public stakeholders.
       (3) Cost and schedule estimate.--The report shall include 
     proposed cost estimates, budgets, and timeframes for 
     developing and implementing a technology-inclusive regulatory 
     framework for licensing commercial advanced nuclear reactor 
     technologies, including completion of a rulemaking.
       (4) Required evaluations.--Consistent with the role of the 
     Commission in protecting public health and safety and common

[[Page H10556]]

     defense and security, the report shall evaluate--
       (A) the ability of the Commission to complete a rulemaking 
     to establish a technology-inclusive regulatory framework for 
     licensing commercial advanced nuclear reactor technologies by 
     December 31, 2027;
       (B) the extent to which additional legislation, or 
     Commission action or modification of policy, is needed to 
     implement any part of the new regulatory framework;
       (C) the need for additional Commission expertise, modeling, 
     and simulation capabilities, or access to those capabilities, 
     to support the evaluation of licensing applications for 
     commercial advanced nuclear reactors and research and test 
     reactors, including applications that use alternative 
     coolants or alternative fuels, operate at or near atmospheric 
     pressure, and use passive safety strategies; and
       (D) the budgets and timeframes for acquiring or accessing 
     the necessary expertise to support the evaluation of license 
     applications for commercial advanced nuclear reactors and 
     research and test reactors.

     SEC. 104. BAFFLE-FORMER BOLT GUIDANCE.

       (a) Revisions to Guidance.--Not later than 90 days after 
     the date of enactment of this Act, the Commission shall 
     publish any necessary revisions to the guidance on the 
     baseline examination schedule and subsequent examination 
     frequency for baffle-former bolts in pressurized water 
     reactors with down-flow configurations.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate congressional committees--
       (1) a report explaining any revisions made to the guidance 
     described in subsection (a); or
       (2) if no revisions were made, a report explaining why the 
     guidance, as in effect on the date of submission of the 
     report, is sufficient.

     SEC. 105. EVACUATION REPORT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate congressional committees a report describing the 
     actions the Commission has taken, or plans to take, to 
     consider lessons learned since September 11, 2001, Superstorm 
     Sandy, Fukushima, and other recent natural disasters 
     regarding directed or spontaneous evacuations in densely 
     populated urban and suburban areas.
       (b) Inclusions.--The report under subsection (a) shall--
       (1) describe the actions of the Commission--
       (A) to consider the results from--
       (i) the State-of-the-Art Reactor Consequence Analyses 
     project; and
       (ii) the current examination by the Commission of emergency 
     planning zones for small modular reactors and advanced 
     nuclear reactors; and
       (B) to monitor international reviews, including reviews 
     conducted by--
       (i) the United Nations Scientific Committee on the Effects 
     of Atomic Radiation;
       (ii) the World Health Organization; and
       (iii) the Fukushima Health Management Survey; and
       (2) with respect to a disaster similar to a disaster 
     described in subsection (a), include information about--
       (A) potential shadow evacuations in response to the 
     disaster; and
       (B) what levels of self-evacuation should be expected 
     during the disaster, including outside the 10-mile evacuation 
     zone.
       (c) Consultation Required.--The report under subsection (a) 
     shall be prepared after consultation with--
       (1) the Federal Radiological Preparedness Coordinating 
     Committee;
       (2) State emergency planning officials from States that the 
     Commission determines to be relevant to the report; and
       (3) experts in analyzing human behavior and probable 
     responses to a radiological emission event.

     SEC. 106. ENCOURAGING PRIVATE INVESTMENT IN RESEARCH AND TEST 
                   REACTORS.

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

     SEC. 107. COMMISSION REPORT ON ACCIDENT TOLERANT FUEL.

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

     SEC. 108. REPORT IDENTIFYING BEST PRACTICES FOR ESTABLISHMENT 
                   AND OPERATION OF LOCAL COMMUNITY ADVISORY 
                   BOARDS.

       (a) Best Practices Report.--Not later than 18 months after 
     the date of enactment of this Act, the Commission shall 
     submit to Congress, and make publicly available, a report 
     identifying best practices with respect to the establishment 
     and operation of a local community advisory board to foster 
     communication and information exchange between a licensee 
     planning for and involved in decommissioning activities and 
     members of the community that decommissioning activities may 
     affect, including lessons learned from any such board in 
     existence before the date of enactment of this Act.
       (b) Contents.--The report described in subsection (a) shall 
     include--
       (1) a description of--
       (A) the topics that could be brought before a local 
     community advisory board;
       (B) how such a board's input could be used to inform the 
     decision-making processes of stakeholders for various 
     decommissioning activities;
       (C) what interactions such a board could have with the 
     Commission and other Federal regulatory bodies to support the 
     board members' overall understanding of the decommissioning 
     process and promote dialogue between the affected 
     stakeholders and the licensee involved in decommissioning 
     activities; and
       (D) how such a board could offer opportunities for public 
     engagement throughout all phases of the decommissioning 
     process;
       (2) a discussion of the composition of a local community 
     advisory board; and
       (3) best practices relating to the establishment and 
     operation of a local community advisory board, including--
       (A) the time of establishment of such a board;
       (B) the frequency of meetings of such a board;
       (C) the selection of board members;
       (D) the term of board members;
       (E) the responsibility for logistics required to support 
     such a board's meetings and other routine activities; and
       (F) any other best practices relating to such a local 
     community advisory board that are identified by the 
     Commission.
       (c) Consultation.--In developing the report described under 
     subsection (a), the Commission shall consult with any host 
     State, any community within the emergency planning zone of an 
     applicable nuclear power reactor, and any existing local 
     community advisory board.
       (d) Public Meetings.--
       (1) In general.--The consultation required under subsection 
     (c) shall include public meetings.
       (2) Public participation.--The public meetings under 
     paragraph (1) shall be conducted under the requirements 
     applicable to category 3 meetings under the policy statement 
     of the Commission entitled ``Enhancing Public Participation 
     in NRC Meetings; Policy Statement'' (67 Fed. Reg. 36920 (May 
     28, 2002)) (or a successor policy statement).
       (3) Number of meetings.--
       (A) In general.--The Commission shall conduct not less than 
     10 public meetings under paragraph (1) in locations that 
     ensure geographic diversity across the United States.
       (B) Priority.--In determining locations in which to conduct 
     a public meeting under subparagraph (A), the Commission shall 
     give priority to States that--
       (i) have a nuclear power reactor currently undergoing the 
     decommissioning process; and
       (ii) request a public meeting under this paragraph.
       (4) Written summary.--The report under subsection (a) shall 
     include a written summary of the public meetings conducted 
     under paragraph (1).

     SEC. 109. REPORT ON STUDY RECOMMENDATIONS.

       Not later than 90 days after the date of enactment of this 
     Act, the Commission shall submit to Congress a report 
     describing the status of addressing and implementing the 
     recommendations contained in the memorandum of the Executive 
     Director of Operations of the Commission entitled ``Tasking 
     in Response to the Assessment of the Considerations 
     Identified in a `Study of Reprisal and Chilling Effect for 
     Raising Mission-Related Concerns and Differing Views at the 
     Nuclear Regulatory Commission' '' and dated June 19, 2018 
     (ADAMS Accession No.: ML18165A296).

                           TITLE II--URANIUM

     SEC. 201. URANIUM RECOVERY REPORT.

       Not later than 90 days after the date of enactment of this 
     Act, the Commission shall submit to the appropriate 
     congressional committees a report describing--
       (1) the duration of uranium recovery license issuance and 
     amendment reviews; and
       (2) recommendations to improve efficiency and transparency 
     of uranium recovery license issuance and amendment reviews.

[[Page H10557]]

  


     SEC. 202. PILOT PROGRAM FOR URANIUM RECOVERY FEES.

       Not later than 1 year after the date of enactment of this 
     Act, the Commission shall--
       (1) complete a voluntary pilot initiative to determine the 
     feasibility of the establishment of a flat fee structure for 
     routine licensing matters relating to uranium recovery; and
       (2) provide to the appropriate congressional committees a 
     report describing the results of the pilot initiative under 
     paragraph (1).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Kinzinger) and the gentleman from Pennsylvania (Mr. 
Michael F. Doyle) each will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. KINZINGER. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. KINZINGER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, S. 512 makes targeted, commonsense reforms to the 
Nuclear Regulatory Commission's fee structure. The current fee 
structure threatens to unnecessarily increase the Nation's nuclear 
fleet, including the four plants I am so proud to represent in 
Illinois.
  This bipartisan bill will ensure transparency, predictability, and 
fairness in the regulatory process, which will help keep the United 
States as the global leader of clean, safe, and reliable nuclear power.
  This bill reflects thoughtful bipartisan and bicameral consensus on 
what is needed for a robust nuclear industry going forward, and I urge 
my colleagues to join me in voting to enact these important reforms 
into law.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I yield myself 
such time as I may consume.
  Mr. Speaker, I appreciate the opportunity to speak about S. 512, the 
Nuclear Energy Innovation and Modernization Act.
  This legislation contains language from H.R. 1320, the Nuclear 
Utilization of Keynote Energy Act, or NUKE Act, that I introduced in 
the House with my colleague, Representative Adam Kinzinger. The NUKE 
Act passed the House in September, and I am glad to see that the Senate 
has also supported these important priorities for the nuclear industry.
  I would like to thank Senators Barrasso and Whitehouse for 
introducing this legislation in the Senate, and I want to thank my 
friend, Representative Kinzinger, for working together to advance the 
NUKE Act in the House.
  This legislation is very timely, as the nuclear industry is facing 
pressure from a variety of factors. Ensuring clarity and reliability 
for the industry will be an important step, and I believe this 
legislation accomplishes those goals.
  Mr. Speaker, before I conclude, I would like note that my colleague, 
Representative Gene Green, a cosponsor of the NUKE Act is retiring at 
the end of this Congress. I want to commend Mr. Green for his service 
to the people of Texas, and I want to wish him the best in his 
retirement.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
yield back the balance of my time.
  Mr. KINZINGER. Mr. Speaker, I yield 5 minutes to the gentleman from 
California (Mr. Issa).
  Mr. ISSA. Mr. Speaker, I want to thank the Energy and Commerce 
Committee for giving me an opportunity to, one, speak in support of 
this bill; and, two, take just a couple of minutes to say what is wrong 
with this body on one bill that you won't see here today.
  Back in January, 2 years ago, H.R. 170, one of the first bills to be 
dropped, was put into the hopper. It was a bipartisan bill that came 
from the previous Congress and was dropped on the first day.
  H.R. 170 would reform, after more than two decades, the H1B 
immigration system, which is broken. Today, more people come in under 
H1B who are not necessary, not qualified, and not, in fact, in short 
supply any more than any other nanny, housekeeper, or person just to do 
basic work. The system has been hijacked because it has not been 
reformed. More than two decades ago, exemptions were placed in if you 
paid $60,000.

                              {time}  1115

  Mr. Speaker, $60,000 was a lot of money in the 1990s, probably not 
enough for the highest high-tech worker, but pretty good for a brand-
new graduate with a master's degree in the STEM field.
  Today, we find ourselves, again and again and again, seeing stories 
about organizations like the University of California-San Francisco, 
Abbott Labs, and Southern California Edison that hire people who come 
from other countries, almost exclusively from India, and take away 
American jobs.
  We see time and time again the Americans having to train them, 
because they don't actually know how to do the jobs. And, yes, they are 
making $60,001.
  This needed to be fixed, and I commend the members of the Judiciary 
Committee, both majority and minority, because we worked together on a 
bipartisan bill and passed it unanimously nearly a year ago. And for a 
year, we asked for a suspension vote.
  In these last days, perhaps the last day that I will stand on the 
floor, I have watched more than 20 bills come across. Some of them are 
pretty important and noncontroversial; some of them are postal namings 
and room namings.
  The fact is that House leadership on my side of the aisle is 
responsible for holding back a bill that was needed, that the President 
would have gladly signed, that he even spoke about to the tech 
community while he was running for office, that was worked out in a 
situation in which many companies weren't thrilled with the reform, but 
they knew it was needed.
  Mr. Speaker, I am pleased to vote for the bill that is before us, but 
H.R. 170 will not see the light of day from my Republican colleagues. 
Rather, I will call on the new Democratic majority to do what 
Republicans were not allowed to do. Let there be no doubt: It would 
have passed overwhelmingly, perhaps unanimously, on the floor.
  But if it is not brought up by a new Member and brought to the floor 
in the first few days, we as a body will be further diminished for 
having something we know is needed, having something we know was 
desired and worked out, and, because of some silent force, my own House 
majority, some Member or Members of the leadership, managed to spike 
it.
  I will tell you, Mr. Speaker, as my last words on the House floor, to 
be told by each and every member of the leadership, including the whip, 
the leader, and the Speaker, that they have no problem with this bill, 
and they know of no reason not to bring it up, to watch it not be 
brought up and each week be told maybe it will be there next week under 
suspension, I will tell you, Mr. Speaker, this is what I will remember 
as our least fine hour, an example of why Americans don't trust 
Congress. Because, even when we agree on something, virtually 
unanimously, often a silent force manages to keep something that is 
noncontroversial from happening.
  Mr. Speaker, as I yield back for the last time in my time on the 
Hill, I want to tell you that it has been a great honor to serve here. 
It has been the greatest honor of my life.
  I wish I could go out not saying to my Democratic colleagues, the new 
majority: Do in the next Congress H1-B reform, that which you agreed to 
and which my side failed to do.
  Mr. Speaker, with that, I thank the leadership.
  Mr. KINZINGER. Mr. Speaker, in conclusion, I ask my colleagues in the 
House to support this bill. I thank my colleagues on the other side of 
the aisle for their hard work, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Kinzinger) that the House suspend the 
rules and pass the bill, S. 512.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MASSIE. Mr. Speaker, on that I demand the yeas and nays.

[[Page H10558]]

  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________