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Public Law115th CongressEnergy
S. 512Became Law

Nuclear Energy Innovation and Modernization Act

This bill became law

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What it doesSummary public law (Jan 14, 2019)

Nuclear Energy Innovation and Modernization Act

This bill revises the budget and fee structure of the Nuclear Regulatory Commission (NRC) and requires the NRC to develop new processes for licensing nuclear reactors, including staged licensing of advanced nuclear reactors.

TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

(Sec.101)The bill amends the Omnibus Budget Reconciliation Act of 1990 to remove amounts appropriated for the development of regulations for advanced nuclear reactor technologies from the amount the NRC must recover through fees.

(Sec.102)Effective FY2021, the bill:

  • excludes additional amounts from the amount the NRC must recover through fees, including amounts for research and development at universities;
  • directs the NRC to collect fees equal to its budget authority, less excluded amounts;
  • limits NRC's spending on corporate support costs; and
  • places a cap on the amount of the annual fee that may be charged to an operating reactor,which the NRC may waive if the cap compromises the NRC's safety and security mission.

Performance metrics and milestone schedules must be developed for activities requested by applicants and licensees.In addition, the NRC must implement processes to ensure accurate invoicing.

(Sec.103) For commercial advanced nuclear reactors, the NRC must (1) establish stages within the licensing process; (2) increase the use of risk-informed, performance-based licensing evaluation techniques and guidance; and (3) establish by the end of 2027 a technology-inclusive regulatory framework that encourages greater technological innovation.

The NRC must develop research and test reactor licensing.

The NRC is also directed to train staff and develop the expertise required to implement the new licensing processes.

The NRC must report to Congress on (1) the implementation of stages in the advanced reactor licensing process, and (2) the use of risk-informed and performance-based techniques within the existing regulatory framework.

(Sec.104)The NRC must publish any necessary revisions to the guidance on the examination schedule for baffle-former bolts in certain reactors.

(Sec.105)The NRC must submit to Congress a report describing the actions it has taken, or plans to take, to consider lessons learned from recent disasters regarding directed or spontaneous evacuations in densely populated urban and suburban areas.

(Sec.106)The bill increases the percentage of operating costs that research reactors are allowed to recover from 50% to 75%, with up to 50% coming from energy sales.

(Sec.107)The NRC must submit to Congress a report describing the status of the licensing process for accident tolerant fuel. (Accident tolerant fuel is a new technology that makes an existing commercial nuclear reactor more resistant to a nuclear incident and lowers the cost of electricity over the licensed lifetime of a reactor.)

(Sec.108)The NRC must submit to Congress a report on the best practices for establishing and operating local community advisory boards.

(Sec.109)The NRC must submit to Congress a report on actions it is taking to address the appearance of workplace reprisals.

TITLE II--URANIUM

(Sec.201)The NRC must (1) report to Congress on the duration of uranium recovery licenses and recommendations to improve the efficiency and transparency of uranium recovery licensing, and (2) complete a voluntary pilot program to determine the feasibility of establishing a flat fee structure for routine licensing matters relating to uranium recovery.

What just happenedJan 14, 2019

Became Public Law No: 115-439.

Who’s behind it

Sen. Barrasso, John [R-WY](R-WY)Sponsor
18 cosponsors8 D10 R
Read on Congress.gov
18cosponsors1committees29actions1amendments16subjects
  1. Jan 14, 2019President

    Became Public Law No: 115-439.

  2. Jan 14, 2019BecameLaw36000

    Became Public Law No: 115-439.

  3. Jan 14, 2019President

    Signed by President.

  4. Jan 14, 2019BecameLaw36000

    Signed by President.

  5. Jan 2, 2019Floor

    Presented to President.

  6. Jan 2, 2019President28000

    Presented to President.

  7. Dec 21, 2018FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  8. Dec 21, 2018FloorH37300

    On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 361 - 10 (Roll no. 493). (text: CR H10553-10557)

  9. Dec 21, 2018Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 361 - 10 (Roll no. 493).(text: CR H10553-10557)

  10. Dec 21, 2018FloorH30000

    Considered as unfinished business. (consideration: CR H10577-10578)

  11. Dec 21, 2018FloorH37220

    At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  12. Dec 21, 2018FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on S. 512.

  13. Dec 21, 2018FloorH30000

    Considered under suspension of the rules. (consideration: CR H10553-10558)

  14. Dec 21, 2018FloorH30300

    Mr. Kinzinger moved to suspend the rules and pass the bill.

  15. Dec 20, 2018FloorH15000

    Held at the desk.

  16. Dec 20, 2018Floor

    Message on Senate action sent to the House.

  17. Dec 20, 2018FloorH14000

    Received in the House.

  18. Dec 20, 2018Floor

    Passed Senate with an amendment by Voice Vote. (consideration: CR S7957-7962; text: CR S7962)

  19. Dec 20, 2018Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.(consideration: CR S7957-7962; text: CR S7962)

  20. Dec 20, 2018Floor

    The committee substitute withdrawn by Unanimous Consent.

  21. Dec 20, 2018Floor

    Measure laid before Senate by unanimous consent.

  22. May 25, 2017Floor

    An errata sheet on written report number No. 115-86 was printed.

  23. May 25, 2017Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 108.

  24. May 25, 2017Committee

    Committee on Environment and Public Works. Reported by Senator Barrasso with an amendment in the nature of a substitute. With written report No. 115-86. Additional views filed.

    Environment and Public Works Committee
  25. May 25, 2017Committee14000

    Committee on Environment and Public Works. Reported by Senator Barrasso with an amendment in the nature of a substitute. With written report No. 115-86. Additional views filed.

    Environment and Public Works Committee
  26. Mar 22, 2017Committee

    Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Environment and Public Works Committee
  27. Mar 8, 2017Committee

    Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 115-52.

    Environment and Public Works Committee
  28. Mar 2, 2017IntroReferral

    Read twice and referred to the Committee on Environment and Public Works.

    Environment and Public Works Committee
  29. Mar 2, 2017IntroReferral10000

    Introduced in Senate

Public LawJan 14, 201949

Nuclear Energy Innovation and Modernization Act

This bill revises the budget and fee structure of the Nuclear Regulatory Commission (NRC) and requires the NRC to develop new processes for licensing nuclear reactors, including staged licensing of advanced nuclear reactors.

TITLE I--ADVANCED NUCLEAR REACTORS AND USER FEES

(Sec.101)The bill amends the Omnibus Budget Reconciliation Act of 1990 to remove amounts appropriated for the development of regulations for advanced nuclear reactor technologies from the amount the NRC must recover through fees.

(Sec.102)Effective FY2021, the bill:

  • excludes additional amounts from the amount the NRC must recover through fees, including amounts for research and development at universities;
  • directs the NRC to collect fees equal to its budget authority, less excluded amounts;
  • limits NRC's spending on corporate support costs; and
  • places a cap on the amount of the annual fee that may be charged to an operating reactor,which the NRC may waive if the cap compromises the NRC's safety and security mission.

Performance metrics and milestone schedules must be developed for activities requested by applicants and licensees.In addition, the NRC must implement processes to ensure accurate invoicing.

(Sec.103) For commercial advanced nuclear reactors, the NRC must (1) establish stages within the licensing process; (2) increase the use of risk-informed, performance-based licensing evaluation techniques and guidance; and (3) establish by the end of 2027 a technology-inclusive regulatory framework that encourages greater technological innovation.

The NRC must develop research and test reactor licensing.

The NRC is also directed to train staff and develop the expertise required to implement the new licensing processes.

The NRC must report to Congress on (1) the implementation of stages in the advanced reactor licensing process, and (2) the use of risk-informed and performance-based techniques within the existing regulatory framework.

(Sec.104)The NRC must publish any necessary revisions to the guidance on the examination schedule for baffle-former bolts in certain reactors.

(Sec.105)The NRC must submit to Congress a report describing the actions it has taken, or plans to take, to consider lessons learned from recent disasters regarding directed or spontaneous evacuations in densely populated urban and suburban areas.

(Sec.106)The bill increases the percentage of operating costs that research reactors are allowed to recover from 50% to 75%, with up to 50% coming from energy sales.

(Sec.107)The NRC must submit to Congress a report describing the status of the licensing process for accident tolerant fuel. (Accident tolerant fuel is a new technology that makes an existing commercial nuclear reactor more resistant to a nuclear incident and lowers the cost of electricity over the licensed lifetime of a reactor.)

(Sec.108)The NRC must submit to Congress a report on the best practices for establishing and operating local community advisory boards.

(Sec.109)The NRC must submit to Congress a report on actions it is taking to address the appearance of workplace reprisals.

TITLE II--URANIUM

(Sec.201)The NRC must (1) report to Congress on the duration of uranium recovery licenses and recommendations to improve the efficiency and transparency of uranium recovery licensing, and (2) complete a voluntary pilot program to determine the feasibility of establishing a flat fee structure for routine licensing matters relating to uranium recovery.

Reported to Senate with amendment(s)May 25, 20171

Nuclear Energy Innovation and Modernization Act

This bill directs the Nuclear Regulatory Commission (NRC) to modify the licensing process for commercial advanced nuclear reactor facilities. In addition, the bill amends the Omnibus Budget Reconciliation Act of 1990 to revise how the NRC preserves budgeted funds for conducting and accelerating license reviews of commercial advanced nuclear reactor facilities.

The NRC must implement a licensing process that is designed to be predictable and efficient while conforming to existing NRC regulatory guidelines. The Department of Energy (DOE) must provide cost sharing grants to license applicants for the purpose of funding a portion of the NRC review fees. The NRC must also develop a new technology-inclusive, regulatory framework by the end of 2024 that encourages greater technological innovation for the advanced nuclear reactor program.

The NRC must publish necessary revisions to the guidance on the baseline examination schedule and any subsequent examinations for baffle-former bolts in pressurized water reactors with down-flow configurations.

The NRC may issue licenses for utilization facilities that are used in conducting research and development activities related to nuclear energy. The NRC must report to Congress on the status of the licensing process for accident tolerant fuel.

The NRC must: (1) report to Congress on the safety and feasibility of extending the duration of uranium recovery licenses from 10 to 20 years, and (2) complete a voluntary pilot program to determine the feasibility of establishing a flat fee structure for routine licensing matters relating to uranium recovery.

DOE must issue a long-term federal excess uranium inventory management plan at least every 10 years that details the management of DOE excess uranium inventories.

Introduced in SenateMar 2, 2017

Nuclear Energy Innovation and Modernization Act

This bill directs the Nuclear Regulatory Commission (NRC) to modify the licensing process for commercial advanced nuclear reactor facilities. In addition, the bill amends the Omnibus Budget Reconciliation Act of 1990 to revise how the NRC preserves budgeted funds for conducting and accelerating license reviews of commercial advanced nuclear reactor facilities.

The NRC must implement a licensing process that is designed to be predictable and efficient while conforming to existing NRC regulatory guidelines. The Department of Energy (DOE) must provide cost sharing grants to license applicants for the purpose of funding a portion of the NRC review fees. The NRC must also develop a new technology-inclusive, regulatory framework by the end of 2024 that encourages greater technological innovation for the advanced nuclear reactor program.

The NRC must publish necessary revisions to the guidance on the baseline examination schedule and any subsequent examinations for baffle-former bolts in pressurized water reactors with down-flow configurations.

The NRC must: (1) report to Congress on the safety and feasibility of extending the duration of uranium recovery licenses from 10 to 20 years, and (2) complete a voluntary pilot program to determine the feasibility of establishing a flat fee structure for routine licensing matters relating to uranium recovery.

DOE must issue a long-term federal excess uranium inventory management plan at least every 10 years that details the management of DOE excess uranium inventories.

Nuclear Energy Innovation and Modernization Act — Informed