,,ii #aaeth ,,congress #ast ,session ,s4 #eab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #b1 #bjag ,mr4 ,barrasso 7for himself1 ,mr4 ,whitehouse1 ,mr4 ,inhofe1 ,mr4 ,booker1 ,mr4 ,crapo1 ,mrs4 ,fischer1 ,mrs4 ,capito1 and ,mr4 ,manchin7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to modernize the regulation of nuclear energy4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,nuclear ,energy ,innovation and ,modernization ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4 ,sec4 #c4 ,purpose4 ,sec4 #d4 ,definitions4 ,,title ,i--,advanced ,nuclear ,reactors and ,user ,fees ,sec4 #aja4 ,nuclear ,regulatory ,commission user fees and annual charges through fiscal year #bjai4 ,sec4 #ajb4 ,nuclear ,regulatory ,commission user fees and annual charges for fiscal year #bjbj and each fiscal year thereafter4 ,sec4 #ajc4 ,advanced nuclear reactor program4 ,sec4 #ajd4 ,advanced nuclear energy licensing cost-share grant program4 ,sec4 #aje4 ,baffle-former bolt guidance4 ,sec4 #ajf4 ,evacuation report4 ,,title ,,ii--,uranium ,sec4 #bja4 ,uranium recovery report4 ,sec4 #bjb4 ,pilot program for uranium recovery fees4 ,sec4 #bjc4 ,uranium transfers and sales4 #b4 ,findings ,congress finds that-- 7#a7 the safe and secure operation of nuclear reactors in the ,united ,states must remain the paramount focus of the ,nuclear ,regulatory ,commission2 7#b7 the existing fleet of nuclear reactors in the ,united ,states is operating safely and securely2 7#c7 nuclear energy is the largest source of affordable1 reliable1 emissions-free energy in the ,united ,states1 providing approximately #bj percent of the electricity consumed in the ,united ,states and #fj percent of emissions-free electricity generation in the ,united ,states2 7#d7 a #a1jjj-megawatt nuclear plant-- 7,a7 provides approximately #ejj permanent jobs2 7,b7 pays approximately #dj1jjj1jjj annually in wages2 7,c7 generates approximately #dgj1jjj1jjj annually in goods and services in the local community2 and 7,d7 pays approximately #hc1jjj1jjj annually in ,federal1 ,state1 and local taxes2 7#e7 nuclear energy is of critical importance to ,united ,states energy security and worldwide influence on nonproliferation2 7#f7 nuclear energy uses widely available fuel resources to enable scientific progress1 emissions-free and reliable electricity generation1 heat generation for industrial applications1 and power for deep space exploration2 7#g7 the private sector1 the ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja771 and institutions of higher education are pursuing innovations in nuclear energy technology that will play a crucial role in-- 7,a7 the future global and ,united ,states energy supply2 and 7,b7 the exports1 manufacturing1 and economy of the ,united ,states2 7#h7 eventual deployment of commercial advanced nuclear reactors will require-- 7,a7 modernizing the regulatory framework2 and 7,b7 making other necessary changes to facilitate the efficient1 predictable1 and affordable deployment of advanced nuclear reactor technologies2 7#i7 #b impediments to the commercialization of advanced nuclear reactors are the high costs and long durations associated with applying the existing nuclear regulatory framework to advanced nuclear reactors2 7#aj7 license application reviews should be as predictable and efficient as practicable without compromising safety or security2 7#aa7 the development of advanced nuclear reactors would benefit from the early identification of policy issues for timely consideration and resolution by the ,commission to improve the efficient development of designs as well as preparing for design review and licensing2 7#ab7 the existing nuclear regulatory framework and the requirements of that framework have not adapted to advances in scientific understanding or the features and performance characteristics of advanced nuclear reactor designs2 7#ac7 the existing nuclear reactor licensing process does not provide iterative feedback to manage risk as needed for typical technology development and investment cycles2 7#ad7 a staged licensing structure that provides clear and periodic feedback to applicants on an agreed schedule will help to enable the commercialization of safer and innovative technologies that will benefit the economy1 national security1 and environment of the ,united ,states2 7#ae7 a technology-inclusive ,commission regulatory framework will-- 7,a7 allow greater technological innovation2 and 7,b7 enable inventors1 scientists1 engineers1 and students to pursue licensing advanced reactor concepts2 7#af7 further preparation by the ,commission of the research and test reactor licensing process will enable the ,commission to more efficiently process applications for research and test reactors when the applications are received2 7#ag7 it is incumbent on the ,commission-- 7,a7 to budget appropriate resources to undertake an active role in design familiarization activities with potential applicants with advanced reactor designs2 7,b7 to budget for adequate resources to conduct licensing reviews and other work requested by licensees and applicants2 and 7,c7 to preserve those budgeted funds to ensure responsiveness to licensees and applicants in recognition of the dependence of the licensees and applicants on ,commission approval before the benefits of the technology of the licensees and applicants can be realized2 and 7#ah7 both prospective advanced nuclear reactor applicants and the existing fleet of nuclear reactors in the ,united ,states would benefit from modernizing the outdated fee recovery structure of the ,commission to better manage fluctuations in workload and the number of licensees in a fair and equitable manner4 #c4 ,purpose ,the purpose of this ,act is to provide-- 7#a7 a program to develop the expertise and regulatory processes necessary to allow innovation and the commercialization of advanced nuclear reactors2 7#b7 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 closures2 and 7#c7 more efficient regulation of uranium recovery4 #d4 ,definitions ,in this ,act3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor means a nuclear fission or fusion reactor1 including a prototype plant 7as defined in sections #ej4b and #eb4a of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act771 with significant improvements compared to commercial nuclear reactors under construction as of the date of enactment of this ,act1 including improvements such as-- 7,a7 additional inherent safety features2 7,b7 significantly lower levelized cost of electricity2 7,c7 lower waste yields2 7,d7 greater fuel utilization2 7,e7 enhanced reliability2 7,f7 increased proliferation resistance2 7,g7 increased thermal efficiency2 or 7,h7 ability to integrate into electric and nonelectric applications4 7#b7 ,advanced nuclear reactor fuel ,the term advanced nuclear reactor fuel means fuel for use in an advanced nuclear reactor or a research and test reactor1 including fuel with a low uranium enrichment level of not greater than #bj percent4 7#c7 ,agreement ,state ,the term ,agreement ,state means any ,state with which the ,commission has entered into an effective agreement under section #bgd b4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjba7;b774 7#d7 ,applicant ,the term applicant means an applicant for a license1 certification1 permit1 or other form of approval from the ,commission for a commercial advanced nuclear reactor or a research and test reactor4 7#e7 ,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 ,representatives4 7#f7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#g7 ,conceptual design assessment ,the term conceptual design assessment means an early-stage review by the ,commission that-- 7,a7 assesses preliminary design information for consistency with applicable regulatory requirements of the ,commission2 7,b7 is performed on a set of topic areas agreed to in the licensing project plan2 and 7,c7 is performed at a cost and schedule agreed to in the licensing project plan4 7#h7 ,corporate support costs ,the term corporate support costs means expenditures for acquisitions1 administrative services1 financial management1 human resource management1 information management1 information technology1 policy support1 outreach1 and training1 as those categories are described and calculated in ,appendix ,a of the ,congressional ,budget ,justification for ,fiscal ,year #bjag of the ,commission4 7#i7 ,licensing project plan ,the term licensing project plan means a plan that describes-- 7,a7 the interactions between an applicant and the ,commission2 and 7,b7 project schedules and deliverables in specific detail to support long-range resource planning undertaken by the ,commission and an applicant4 7#aj7 ,regulatory framework ,the term regulatory framework means the framework for reviewing requests for certifications1 permits1 approvals1 and licenses for nuclear power plants4 7#aa7 ,requested activity of the ,commission ,the term requested activity of the ,commission means-- 7,a7 the processing of applications for-- 7i7 design certifications or approvals2 7ii7 licenses2 7iii7 permits2 7iv7 license amendments2 7v7 license renewals2 7vi7 certificates of compliance2 and 7vii7 power uprates2 and 7,b7 any other activity requested by a licensee or applicant4 7#ab7 ,research and test reactor 7,a7 ,in general ,the term research and test reactor means a reactor that-- 7i7 falls within the licensing and related regulatory authority of the ,commission under section #bjb of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb72 and 7ii7 is useful in the conduct of research and development activities as licensed under section #ajd c4 of the ,atomic ,energy ,act 7#db ,u4,s4,c4 #bacd7;c774 7,b7 ,exclusion ,the term research and test reactor does not include a commercial advanced nuclear reactor4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ad7 ,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 #eb of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#ae7 ,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 technologies1 including1 where appropriate1 the use of risk-informed and performance-based techniques and other tools and methods4 7#af7 ,topical report ,the term topical report means a document submitted to the ,commission that addresses a technical topic related to nuclear power plant safety or design4 ,i ,advanced ,nuclear ,reactors and ,user ,fees #aja4 ,nuclear ,regulatory ,commission user fees and annual charges through fiscal year #bjai 7a7 ,in general ,section #faja7;c77#b77;,a7 of the ,omnibus ,budget ,reconciliation ,act of #aiij 7#db ,u4,s4,c4 #bbad7;c77#b77;,a77 is amended-- 7#a7 in clause 7iii71 by striking and at the end2 7#b7 in clause 7iv71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7v7 amounts appropriated to the ,commission for the fiscal year for activities related to the development of a regulatory framework for advanced nuclear reactor technologies1 including activities required under section #ajc of the ,nuclear ,energy ,innovation and ,modernization ,act4 4 7b7 ,repeal ,effective ,october #a1 #bjai1 section #faja of the ,omnibus ,budget ,reconciliation ,act of #aiij 7#db ,u4,s4,c4 #bbad7 is repealed4 #ajb4 ,nuclear ,regulatory ,commission user fees and annual charges for fiscal year #bjbj and each fiscal year thereafter 7a7 ,annual budget justification 7#a7 ,in general ,in the annual budget justification submitted by the ,commission to ,congress1 the ,commission shall expressly identify anticipated expenditures necessary for completion of the requested activities of the ,commission anticipated to occur during the applicable fiscal year4 7#b7 ,restriction ,budget authority granted to the ,commission for purposes of the requested activities of the ,commission shall be used1 to the maximum extent practicable1 solely for conducting requested activities of the ,commission4 7#c7 ,limitation on corporate support costs ,with respect to the annual budget justification submitted to ,congress1 corporate support costs1 to the maximum extent practicable1 shall not exceed the following percentages of the total budget authority of the ,commission requested in the annual budget justification3 7,a7 #cj percent for each of fiscal years #bjbj and #bjba4 7,b7 #bi percent for each of fiscal years #bjbb and #bjbc4 7,c7 #bh percent for fiscal year #bjbd and each fiscal year thereafter4 7b7 ,fees and charges 7#a7 ,annual assessment 7,a7 ,in general ,each fiscal year1 the ,commission shall assess and collect fees and charges in accordance with paragraphs 7#b7 and 7#c7 in a manner that ensures that1 to the maximum extent practicable1 the amount collected is equal to an amount that approximates-- 7i7 the total budget authority of the ,commission for that fiscal year2 less 7ii7 the budget authority of the ,commission for the activities described in subparagraph 7,b74 7,b7 ,excluded activities described ,the activities referred to in subparagraph 7,a77ii7 are the following3 7i7 ,an activity not attributable to an existing ,,nrc licensee or class of licensee as identified by the ,commission in ,table ,,iii of the final rule of the ,commission entitled ,revision of ,fee ,schedules2 ,fee ,recovery for ,fiscal ,year #bjae 7#hj ,fed4 ,reg4 #cgdcb 7,june #cj1 #bjae774 7ii7 ,amounts appropriated for a fiscal year to the ,commission-- 7,i7 from the ,nuclear ,waste ,fund established under section #cjb7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;c772 7,,ii7 for implementation of section #caaf of the ,ronald ,w4 ,reagan ,national ,defense ,authorization ,act for ,fiscal ,year #bjje 7#ej ,u4,s4,c4 #bfja note2 ,public ,law #ajh-cge72 7,,iii7 for the homeland security activities of the ,commission 7other than for the costs of fingerprinting and background checks required under section #adi of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bafi7 and the costs of conducting security inspections72 7,,iv7 for the ,inspector ,general services of the ,commission provided to the ,defense ,nuclear ,facilities ,safety ,board2 7,v7 for research and development at universities in areas relevant to the mission of the applicable university2 7,,vi7 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 engineering2 and 7,,vii7 for any other fee-relief activity described in the final rule of the ,commission entitled ,revision of ,fee ,schedules2 ,fee ,recovery for ,fiscal ,year #bjae 7#hj ,fed4 ,reg4 #cgdcb 7,june #cj1 #bjae774 7iii7 ,costs for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies1 including activities required under section #ajc4 7,c7 ,exception ,the exclusion described in subparagraph 7,b77iii7 shall cease to be effective on ,january #a1 #bjca4 7,d7 ,report ,not later than ,december #ca1 #bjbi1 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 7,b77iii74 7#b7 ,fees for service or thing of value ,in accordance with section #igja of title #ca1 ,united ,states ,code1 the ,commission shall charge fees to any person who receives a service or thing of value from the ,commission to cover the costs to the ,commission of providing the service or thing of value4 7#c7 ,annual fees 7,a7 ,in general ,subject to subparagraph 7,b7 and except as provided in subparagraph 7,d71 the ,commission may charge to any licensee or certificate holder of the ,commission an annual fee4 7,b7 ,cap on annual fees of certain licensees 7i7 ,in general ,the annual fee under subparagraph 7,a7 charged to an operating reactor licensee1 to the maximum extent practicable1 shall not exceed the annual fee amount per operating reactor licensee established in the final rule of the ,commission entitled ,revision of ,fee ,schedules2 ,fee ,recovery for ,fiscal ,year #bjae 7#hj ,fed4 ,reg4 #cgdcb 7,june #cj1 #bjae771 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 ,labor4 7ii7 ,waiver ,the ,commission may waive1 for a period of #a year1 the cap on annual fees described in clause 7i7 if the ,commission submits to the ,committee on ,appropriations and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,appropriations and the ,committee on ,energy and ,commerce of the ,house of ,representatives a written determination that the cap on annual fees may compromise the safety and security mission of the ,commission4 7,c7 ,amount per licensee 7i7 ,in general ,the ,commission shall establish by rule a schedule of fees fairly and equitably allocating the aggregate amount of charges described in subparagraph 7,a7 among licensees and certificate holders4 7ii7 ,requirement ,the schedule of fees under clause 7i7-- 7,i7 to the maximum extent practicable1 shall be based on the cost of providing regulatory services2 and 7,,ii7 may be based on the allocation of the resources of the ,commission among licensees or certificate holders or classes of licensees or certificate holders4 7,d7 ,exemption 7i7 ,definition of research reactor ,in this subparagraph1 the term research reactor means a nuclear reactor that-- 7,i7 is licensed by the ,commission under section #ajd c4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bacd7;c77 for operation at a thermal power level of not more than #aj megawatts2 and 7,,ii7 if licensed under subclause 7,i7 for operation at a thermal power level of more than #a megawatt1 does not contain-- 7aa7 a circulating loop through the core in which the licensee conducts fuel experiments2 7bb7 a liquid fuel loading2 or 7cc7 an experimental facility in the core in excess of #af square inches in cross-section4 7ii7 ,exemption ,subparagraph 7,a7 shall not apply to the holder of any license for a federally owned research reactor used primarily for educational training and academic research purposes4 7c7 ,performance and reporting 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall develop for the requested activities of the ,commission-- 7,a7 performance metrics2 and 7,b7 on each request1 milestone schedules4 7#b7 ,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 7#a7 by not later than #cj days after the completion date4 7#c7 ,delays in ,issuance of final safety evaluation exceeding #ahj days ,if the final safety evaluation for the requested activity of the ,commission described in paragraph 7#b7 is not completed by the date that is #ahj days after the completion date required by the performance metrics or milestone schedule under paragraph 7#a71 the ,commission shall submit to the appropriate congressional committees a timely report describing the delay1 including a detailed explanation accounting for the delay and a plan for timely completion of the final safety evaluation4 7d7 ,accurate invoicing ,with respect to invoices for fees and charges described in subsection 7b77#b71 the ,commission shall-- 7#a7 ensure appropriate management review and concurrence prior to the issuance of invoices2 7#b7 develop and implement processes to audit invoices to ensure accuracy1 transparency1 and fairness2 and 7#c7 modify regulations to ensure fair and appropriate processes to provide licensees and applicants an opportunity to efficiently dispute or otherwise seek review and correction of errors in invoices for fees and charges4 7e7 ,report ,not later than ,september #cj1 #bjba1 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 section1 including any impacts and recommendations for improvement4 7f7 ,effective date ,except as provided in subsection 7c71 this section takes effect on ,october #a1 #bjai4 #ajc4 ,advanced nuclear reactor program 7a7 ,licensing of commercial advanced nuclear reactors 7#a7 ,staged licensing ,for the purpose of predictable1 efficient1 and timely reviews1 not later than #bgj days after the date of enactment of this ,act1 the ,commission shall develop and implement1 within the existing regulatory framework1 strategies for-- 7,a7 establishing stages in the licensing process for commercial advanced nuclear reactors2 and 7,b7 developing procedures and processes for-- 7i7 using a licensing project plan2 and 7ii7 optional use of a conceptual design assessment4 7#b7 ,risk-informed licensing ,not later than #b years after the date of enactment of this ,act1 the ,commission shall develop and implement1 where appropriate1 strategies for the increased use of risk-informed1 performance-based licensing evaluation techniques and guidance for commercial advanced nuclear reactors within existing regulatory frameworks1 including evaluation techniques and guidance for the resolution of the following3 7,a7 ,applicable policy issues identified during the course of review by the ,commission of a commercial advanced nuclear reactor licensing application4 7,b7 ,the issues described in ,,secy-#ic-jib and ,,secy-#ae-jgg1 including-- 7i7 licensing basis event selection and evaluation2 7ii7 source terms2 7iii7 containment performance2 and 7iv7 emergency preparedness4 7#c7 ,research and test reactor licensing ,for the purpose of predictable1 efficient1 and timely reviews1 not later than #b years after the date of enactment of this ,act1 the ,commission shall develop and implement strategies within the existing regulatory framework for licensing research and test reactors1 including the issuance of guidance4 7#d7 ,technology-inclusive regulatory framework ,not later than ,december #ca1 #bjbd1 the ,commission shall complete a rulemaking to establish a technology-inclusive1 regulatory framework for optional use by commercial advanced nuclear reactor applicants for new reactor license applications4 7#e7 ,training and expertise ,as soon as practicable after the date of enactment of this ,act1 the ,commission shall provide for staff training or the hiring of experts1 as necessary-- 7,a7 to support the activities described in paragraphs 7#a7 through 7#d72 and 7,b7 to support preparations-- 7i7 to conduct pre-application interactions2 and 7ii7 to review commercial advanced nuclear reactor license applications4 7#f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission to carry out this subsection such sums as are necessary4 7b7 ,report ,to establish stages in the commercial advanced nuclear reactor licensing process 7#a7 ,report required ,not later than #ahj days after the date of enactment of this ,act1 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 #b years after the date of enactment of this ,act 7referred to in this subsection as the report74 7#b7 ,coordination and stakeholder input ,in developing the report1 the ,commission shall seek input from the ,secretary1 the nuclear energy industry1 a diverse set of technology developers1 and other public stakeholders4 7#c7 ,cost and schedule estimates ,the report shall include proposed cost estimates1 budgets1 and timeframes for implementing strategies to establish stages in the licensing process for commercial advanced nuclear reactor technologies4 7#d7 ,required evaluations ,consistent with the role of the ,commission in protecting public health and safety and common defense and security1 the report shall evaluate-- 7,a7 7i7 the unique aspects of commercial advanced nuclear reactor licensing1 including the use of alternative coolants1 operation at or near atmospheric pressure1 and the use of passive safety strategies2 7ii7 strategies for the qualification of advanced nuclear reactor fuel1 including the use of computer modeling and simulation and experimental validation2 and 7iii7 for the purposes of predictable1 efficient1 and timely reviews1 any associated legal1 regulatory1 and policy issues the ,commission should address with regard to the licensing of commercial advanced nuclear reactor technologies2 7,b7 options for licensing commercial advanced nuclear reactors under the regulations of the ,commission contained in title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 including-- 7i7 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-- 7,i7 milestones that-- 7aa7 correspond to stages of a licensing process for the specific situation of a commercial advanced nuclear reactor project2 and 7bb7 use knowledge of the ability of the ,commission to review certain design aspects2 and 7,,ii7 guidelines defining the roles and responsibilities between the ,commission and the applicant at the onset of the interaction-- 7aa7 to provide the foundation for effective communication and effective project management2 and 7bb7 to ensure efficient progress2 7ii7 the use of topical reports1 standard design approval1 and other appropriate mechanisms as tools to introduce stages into the commercial advanced nuclear reactor licensing process1 including how the licensing project plan might structure the use of those mechanisms2 7iii7 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 fashion2 7iv7 the incorporation of consensus-based codes and standards developed under clause 7iii7 into the regulatory framework-- 7,i7 to provide predictability for the regulatory processes of the ,commission2 and 7,,ii7 to ensure timely completion of specific licensing actions2 7v7 the development of a process for1 and the use of1 conceptual design assessments2 and 7vi7 identification of any policies and guidance for staff that will be needed to implement clauses 7i7 and 7ii72 7,c7 options for improving the efficiency1 timeliness1 and cost-effectiveness of licensing reviews of commercial advanced nuclear reactors1 including opportunities to minimize the delays that may result from any necessary amendment or supplement to an application2 7,d7 options for improving the predictability of the commercial advanced nuclear reactor licensing process1 including the evaluation of opportunities to improve the process by which application review milestones are established and met2 and 7,e7 the extent to which ,commission action or modification of policy is needed to implement any part of the report4 7c7 ,report ,to increase the use of risk-,informed and performance-,based evaluation techniques and regulatory guidance 7#a7 report required ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall submit to the appropriate congressional committees a report for increasing1 where appropriate1 the use of risk-informed and performance-based evaluation techniques and regulatory guidance in licensing commercial advanced nuclear reactors within the existing regulatory framework 7referred to in this subsection as the report74 7#b7 ,coordination and stakeholder input ,in developing the report1 the ,commission shall seek input from the ,secretary1 the nuclear energy industry1 technology developers1 and other public stakeholders4 7#c7 ,cost and schedule estimate ,the report shall include proposed cost estimates1 budgets1 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 reactors4 7#d7 ,required evaluations ,consistent with the role of the ,commission in protecting public health and safety and common defense and security1 the report shall evaluate-- 7,a7 the ability of the ,commission to develop and implement1 where appropriate1 risk-informed and performance-based licensing evaluation techniques and guidance for commercial advanced nuclear reactors within existing regulatory frameworks not later than #b years after the date of enactment of this ,act1 including policies and guidance for the resolution of-- 7i7 issues relating to-- 7,i7 licensing basis event selection and evaluation2 7,,ii7 use of mechanistic source terms2 7,,iii7 containment performance2 7,,iv7 emergency preparedness2 and 7,v7 the qualification of advanced nuclear reactor fuel2 and 7ii7 other policy issues previously identified2 and 7,b7 the extent to which ,commission action is needed to implement any part of the report4 7d7 ,report ,to prepare the research and test reactor licensing process 7#a7 ,report required ,not later than #a year after the date of enactment of this ,act1 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 7referred to in this subsection as the report74 7#b7 ,coordination and stakeholder input ,in developing the report1 the ,commission shall seek input from the ,secretary1 the nuclear energy industry1 a diverse set of technology developers1 and other public stakeholders4 7#c7 ,cost and schedule estimates ,the report shall include proposed cost estimates1 budgets1 and timeframes for preparing the licensing process for research and test reactors4 7#d7 ,required evaluations ,consistent with the role of the ,commission in protecting public health and safety and common defense and security1 the report shall evaluate-- 7,a7 the unique aspects of research and test reactor licensing and any associated legal1 regulatory1 and policy issues the ,commission should address to prepare the licensing process for research and test reactors2 7,b7 the feasibility of developing guidelines for advanced reactor demonstrations to support the review process for advanced reactors designs1 including designs that use alternative coolants or alternative fuels1 operate at or near atmospheric pressure1 and use passive safety strategies2 and 7,c7 the extent to which ,commission action or modification of policy is needed to implement any part of the report4 7e7 ,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 7#a7 ,report required ,not later than #cj months after the date of enactment of this ,act1 the ,commission shall submit to the appropriate congressional committees a report 7referred to in this subsection as the report7 for-- 7,a7 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 applications2 and 7,b7 ensuring that the ,commission has adequate expertise1 modeling1 and simulation capabilities1 or access to those capabilities1 to support the evaluation of advanced reactor license applications1 including the qualification of advanced nuclear reactor fuel4 7#b7 ,coordination and stakeholder input ,in developing the report1 the ,commission shall seek input from the ,secretary1 the nuclear energy industry1 a diverse set of technology developers1 and other public stakeholders4 7#c7 ,cost and schedule estimate ,the report shall include proposed cost estimates1 budgets1 and timeframes for developing and implementing a technology-inclusive regulatory framework for licensing commercial advanced nuclear reactor technologies1 including completion of a rulemaking4 7#d7 ,required evaluations ,consistent with the role of the ,commission in protecting public health and safety and common defense and security1 the report shall evaluate-- 7,a7 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 #ca1 #bjbd2 7,b7 the extent to which additional legislation1 or ,commission action or modification of policy1 is needed to implement any part of the new regulatory framework2 7,c7 the need for additional ,commission expertise1 modeling1 and simulation capabilities1 or access to those capabilities1 to support the evaluation of licensing applications for commercial advanced nuclear reactors and research and test reactors1 including applications that use alternative coolants or alternative fuels1 operate at or near atmospheric pressure1 and use passive safety strategies2 and 7,d7 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 reactors4 #ajd4 ,advanced nuclear energy licensing cost-share grant program 7a7 ,establishment ,the ,secretary shall establish a grant program to be known as the ,advanced ,nuclear ,energy ,cost-,share ,grant ,program 7referred to in this section as the program71 under which the ,secretary shall make cost-share grants to applicants for the purpose of funding a portion of the ,commission fees of the applicant for pre-application and application review activities4 7b7 ,requirement ,the ,secretary shall seek out technology diversity in making grants under the program4 7c7 ,cost-,share amount ,the ,secretary shall determine the cost-share amount for each grant4 7d7 ,use of funds ,recipients of grants under the program may use the grant funds to cover ,commission fees1 including those fees associated with-- 7#a7 developing a licensing project plan2 7#b7 obtaining a conceptual design assessment2 7#c7 reviewing topical reports2 and 7#d7 other pre-application and application review activities and interactions with the ,commission4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section such sums as are necessary4 #aje4 ,baffle-former bolt guidance 7a7 ,revisions to guidance ,not later than ,september #cj1 #bjag1 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 configurations4 7b7 ,report ,not later than ,september #cj1 #bjag1 the ,commission shall submit to the appropriate congressional committees-- 7#a7 a report explaining any revisions made to the guidance described in subsection 7a72 or 7#b7 if no revisions were made1 a report explaining why the guidance1 as in effect on the date of submission of the report1 is sufficient4 #ajf4 ,evacuation report 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall submit to the appropriate congressional committees a report describing the actions the ,commission has taken1 or plans to take1 to consider lessons learned since ,september #aa1 #bjja1 ,superstorm ,sandy1 ,fukushima1 and other recent natural disasters regarding directed or spontaneous evacuations in densely populated urban and suburban areas4 7b7 ,inclusions ,the report under subsection 7a7 shall-- 7#a7 describe the actions of the ,commission-- 7,a7 to consider the results from-- 7i7 the ,state-of-the-,art ,reactor ,consequence ,analyses project2 and 7ii7 the current examination by the ,commission of emergency planning zones for small modular reactors and advanced nuclear reactors2 and 7,b7 to monitor international reviews1 including reviews conducted by-- 7i7 the ,united ,nations ,scientific ,committee on the ,effects of ,atomic ,radiation2 7ii7 the ,world ,health ,organization2 and 7iii7 the ,fukushima ,health ,management ,survey2 and 7#b7 with respect to a disaster similar to a disaster described in subsection 7a71 include information about-- 7,a7 potential shadow evacuations in response to the disaster2 and 7,b7 what levels of self-evacuation should be expected during the disaster1 including outside the #aj-mile evacuation zone4 7c7 ,consultation required ,the report under subsection 7a7 shall be prepared after consultation with-- 7#a7 the ,federal ,radiological ,preparedness ,coordinating ,committee2 7#b7 ,state emergency planning officials from ,states that the ,commission determines to be relevant to the report2 and 7#c7 experts in analyzing human behavior and probable responses to a radiological emission event4 ,,ii ,uranium #bja4 ,uranium recovery report ,not later than ,december #ca1 #bjag1 the ,commission shall submit to the appropriate congressional committees a report describing-- 7#a7 the safety and feasibility of extending the duration of uranium recovery licenses from #aj to #bj years1 including any potential benefits of the extension2 7#b7 the duration of uranium recovery license issuance and amendment reviews2 and 7#c7 recommendations to improve efficiency and transparency of uranium recovery license issuance and amendment reviews4 #bjb4 ,pilot program for uranium recovery fees ,not later than ,july #ca1 #bjah1 the ,commission shall-- 7#a7 complete a voluntary pilot initiative to determine the feasibility of the establishment of a flat fee structure for routine licensing matters relating to uranium recovery2 and 7#b7 provide to the appropriate congressional committees a report describing the results of the pilot initiative under paragraph 7#a74 #bjc4 ,uranium transfers and sales ,section #caab of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#aj7 is amended-- 7#a7 by redesignating subsections 7b7 through 7f7 as subsections 7d7 through 7h71 respectively2 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,definitions ,in this section3 7#a7 ,depleted uranium ,the term depleted uranium means uranium having an assay less than the assay for-- 7,a7 natural uranium2 or 7,b7 #j4gaa percent of the uranium-#bce isotope4 7#b7 ,highly enriched uranium ,the term highly enriched uranium means uranium having an assay of #bj percent or greater of the uranium-#bce isotope4 7#c7 ,low-enriched uranium ,the term low-enriched uranium means uranium having an assay greater than #j4gaa percent but less than #bj percent of the uranium-#bce isotope4 7#d7 ,metric ton of uranium ,the term metric ton of uranium means #a1jjj kilograms of uranium4 7#e7 ,natural uranium ,the term natural uranium means uranium having an assay of #j4gaa percent of the uranium-#bce isotope4 7#f7 ,off-spec uranium ,the term off-spec uranium means uranium in any form1 including depleted uranium1 highly enriched uranium1 low-enriched uranium1 natural uranium1 ,,uf#f1 and any byproduct of uranium processing1 that does not meet the specification for commercial material 7as defined by the standards of the ,american ,society for ,testing and ,materials74 7#g7 ,uranium ,other than in subsection 7c71 the term uranium includes natural uranium1 uranium hexafluoride1 highly enriched uranium1 low-enriched uranium1 depleted uranium1 and any byproduct of uranium processing4 7#h7 ,uranium hexafluoride2 ,,uf#f ,the terms uranium hexafluoride and ,,uf#f mean uranium that has been combined with fluorine1 to form a compound that1 dependent on temperature and pressure1 can be a solid1 liquid1 or gas4 7b7 ,transfers and sales by the ,secretary ,the ,secretary shall not provide enrichment services1 or transfer1 sell or otherwise provide any uranium to any person except in accordance with this section4 7c7 ,development of ,federal excess uranium management plan 7#a7 ,in general ,beginning on ,january #a1 #bjah1 and not less frequently than once every #aj years thereafter1 the ,secretary shall issue a long-term ,federal excess uranium inventory management plan 7referred to in this section as the plan7 that details the management of the excess uranium inventories of the ,department of ,energy and covers a period of not fewer than #aj years4 7#b7 ,content 7,a7 ,in general ,the plan shall cover all forms of uranium within the excess uranium inventory of the ,department of ,energy1 including depleted uranium1 highly enriched uranium1 low-enriched uranium1 natural uranium1 off-spec uranium1 and ,,uf#f4 7,b7 ,reducing impact on domestic industry ,the plan shall outline steps the ,secretary will take to minimize the impact of transferring1 selling1 or otherwise providing uranium on the domestic uranium mining1 conversion1 and enrichment industries1 including any actions for which the ,secretary would require new authority4 7,c7 ,maximizing benefits to the ,federal ,government ,the plan shall outline steps the ,secretary shall take to ensure that the ,federal ,government maximizes the potential value of uranium for the ,federal ,government4 7#c7 ,proposed plan ,before issuing the final plan1 the ,secretary shall publish a proposed plan in the ,federal ,register pursuant to a rulemaking under section #eec of title #e1 ,united ,states ,code4 7#d7 ,deadlines for submission ,the ,secretary shall issue-- 7,a7 a proposed plan for public comment under paragraph 7#c7 not later than #ahj days after the date of enactment of this paragraph2 and 7,b7 a final plan not later than #a year after the date of enactment of this paragraph4 2 7#c7 in subsection 7d7 7as redesignated by paragraph 7#a77-- 7,a7 in the sixth sentence of paragraph 7#c71 by striking subsections 7b77#e71 7b77#f7 and 7b77#g7 of this section and inserting paragraphs 7#e71 7#f71 and 7#g72 and 7,b7 in paragraph 7#h71 by striking 7b72 7#d7 in subsection 7e77#a7 7as redesignated by paragraph 7#a771 by striking subsection 7c77#b7 and inserting paragraph 7#b72 7#e7 in subsection 7f7 7as redesignated by paragraph 7#a77-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,notwithstanding the transfers authorized under subsections 7e7 and 7g71 the ,secretary may transfer1 sell1 or otherwise provide any uranium from the stockpile of the ,department of ,energy1 subject to the following limitations3 7,a7 ,effective for the period of calendar years #bjag through #bjbe1 and notwithstanding any other provision of law1 the ,secretary shall not transfer1 sell1 or otherwise provide more than #b1ajj metric tons of natural uranium equivalent annually in any form1 including depleted uranium1 highly enriched uranium1 low-enriched uranium1 natural uranium1 off-spec uranium1 and ,,uf#f4 7,b7 ,effective beginning on ,january #a1 #bjbf1 and notwithstanding any other provision of law1 the ,secretary shall not transfer1 sell1 or otherwise provide more than #b1gjj metric tons of natural uranium equivalent annually in any form1 including depleted uranium1 highly enriched uranium1 low-enriched uranium1 natural uranium1 off-spec uranium1 and ,,uf#f4 2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking 7#b7 ,except as provided in subsections 7b71 7c71 and 7e7 and inserting the following3 7#b7 ,determinations ,except as provided in subsections 7d71 7e71 and 7g71 and subject to paragraph 7#c7 2 and 7,c7 by adding at the end the following3 7#c7 ,requirements for determinations 7,a7 ,proposed determination ,before making a determination under paragraph 7#b77;,b71 the ,secretary shall publish a proposed determination in the ,federal ,register pursuant to a rulemaking under section #eec of title #e1 ,united ,states ,code4 7,b7 ,quality of market analysis ,any market analysis that is prepared by the ,department of ,energy1 or that the ,department of ,energy commissions for the ,secretary as part of the determination process under paragraph 7#b77;,b71 shall be subject to a peer review process consistent with the guidelines of the ,office of ,management and ,budget published at #fg ,fed4 ,reg4 #hdeb-hdfj 7,february #bb1 #bjjb7 7or successor guidelines71 to ensure and maximize the quality1 objectivity1 utility1 and integrity of information disseminated by ,federal agencies4 7,c7 ,waiver of secretarial determination ,beginning on ,january #a1 #bjbc1 the requirement for a determination by the ,secretary under paragraph 7#b77;,b7 shall be waived for transferring1 selling1 or otherwise providing uranium by the ,secretary if the uranium has been identified in the updated long-term ,federal excess uranium inventory management plan under subsection 7c77#a74 2 and 7#f7 in subsection 7g7 7as redesignated by paragraph 7#a771 in the matter preceding paragraph 7#a71 by striking 7d77#b7 and inserting 7f77#b74