[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.--
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(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
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(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
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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.
____________________