    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-439
    115th Congress

    An Act

    To modernize the regulation of nuclear energy. <>

    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

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    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.

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    (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

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    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.--
    (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

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    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

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    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.

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    (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

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    (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
    (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;

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    (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

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    (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.

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    (3) Cost and schedule estimates.--The report shall include
    proposed cost estimates, budgets, and timeframes for preparing
    the licensing process for research and test reactors.
    (4) Required evaluations.--Consistent with the role of the
    Commission in protecting public health and safety and common
    defense and security, the report shall evaluate--
    (A) the unique aspects of research and test reactor
    licensing and any associated legal, regulatory, and
    policy issues the Commission should address to prepare
    the licensing process for research and test reactors;
    (B) the feasibility of developing guidelines for
    advanced reactor demonstrations and prototypes to
    support the review process for advanced reactors
    designs, including designs that use alternative coolants
    or alternative fuels, operate at or near atmospheric
    pressure, and use passive safety strategies; and
    (C) the extent to which Commission action or
    modification of policy is needed to implement any part
    of the report.

    (e) Report To Complete a Rulemaking To Establish a Technology-
    Inclusive Regulatory Framework for Optional Use by Commercial Advanced
    Nuclear Reactor Technologies in New Reactor License Applications and To
    Enhance Commission Expertise Relating to Advanced Nuclear Reactor
    Technologies.--
    (1) Report required.--Not later than 30 months after the
    date of enactment of this Act, the Commission shall submit to
    the appropriate congressional committees a report (referred to
    in this subsection as the ``report'') for--
    (A) completing a rulemaking to establish a
    technology-inclusive regulatory framework for optional
    use by applicants in licensing commercial advanced
    nuclear reactor technologies in new reactor license
    applications; and
    (B) ensuring that the Commission has adequate
    expertise, modeling, and simulation capabilities, or
    access to those capabilities, to support the evaluation
    of commercial advanced reactor license applications,
    including the qualification of advanced nuclear reactor
    fuel.
    (2) Coordination and stakeholder input.--In developing the
    report, the Commission shall seek input from the Secretary, the
    nuclear energy industry, a diverse set of technology developers,
    and other public stakeholders.
    (3) Cost and schedule estimate.--The report shall include
    proposed cost estimates, budgets, and timeframes for developing
    and implementing a technology-inclusive regulatory framework for
    licensing commercial advanced nuclear reactor technologies,
    including completion of a rulemaking.
    (4) Required evaluations.--Consistent with the role of the
    Commission in protecting public health and safety and common
    defense and security, the report shall evaluate--
    (A) the ability of the Commission to complete a
    rulemaking to establish a technology-inclusive
    regulatory framework for licensing commercial advanced
    nuclear reactor technologies by December 31, 2027;

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    (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

    [[Page 5577]]

    (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

    [[Page 5578]]

    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.

    [[Page 5579]]

    (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.
    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).

    Approved January 14, 2019.

    LEGISLATIVE HISTORY--S. 512:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 115-86 (Comm. on Environment and Public Works).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Dec. 20, considered and passed Senate.
    Dec. 21, considered and passed House.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
    Jan. 14, Presidential statement.