ADVANCED NUCLEAR REACTOR PROGRAM.

SEC. 103. ADVANCED NUCLEAR REACTOR PROGRAM. (a) [42 U.S.C. 2133 note] Licensing.— (1) Staged licensing.—For the purpose of predictable, efficient, and timely reviews, not later than 270 days after the date of enactment of this Act, the Commission shall develop and implement, within the existing regulatory framework, strategies for— (A) establishing stages in the licensing process for commercial advanced nuclear reactors; and (B) developing procedures and processes for— (i) using a licensing project plan; and (ii) optional use of a conceptual design assessment. (2) Risk-informed licensing.—Not later than 2 years after the date of enactment of this Act, the Commission shall develop and implement, where appropriate, strategies for the increased use of risk-informed, performance-based licensing evaluation techniques and guidance for commercial advanced nuclear reactors within the existing regulatory framework, including evaluation techniques and guidance for the resolution of the following: (A) Applicable policy issues identified during the course of review by the Commission of a commercial advanced nuclear reactor licensing application. (B) The issues described in SECY-93-092 and SECY-15-077, including— (i) licensing basis event selection and evaluation; (ii) source terms; (iii) containment performance; and (iv) emergency preparedness. (3) Research and test reactor licensing.—For the purpose of predictable, efficient, and timely reviews, not later than 2 years after the date of enactment of this Act, the Commission shall develop and implement strategies within the existing regulatory framework for licensing research and test reactors, including the issuance of guidance. (4) Technology-inclusive regulatory framework.—Not later than December 31, 2027, the Commission shall complete a rulemaking to establish a technology-inclusive regulatory framework for optional use by commercial advanced nuclear reactor applicants for new reactor license applications. (5) Training and expertise.—As soon as practicable after the date of enactment of this Act, the Commission shall provide for staff training or the hiring of experts, as necessary— (A) to support the activities described in paragraphs (1) through (4); and (B) to support preparations— (i) to conduct pre-application interactions; and (ii) to review commercial advanced nuclear reactor license applications (including fusion machine license applications). (6) Authorization of appropriations.—There is authorized to be appropriated to the Commission to carry out this subsection $14,420,000 for each of fiscal years 2020 through 2024. (b) Report To Establish Stages in the Commercial Advanced Nuclear Reactor Licensing Process.— (1) Report required.—Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate congressional committees a report for expediting and establishing stages in the licensing process for commercial advanced nuclear reactors that will allow implementation of the licensing process by not later than 2 years after the date of enactment of this Act (referred to in this subsection as the “report”). (2) Coordination and stakeholder input.—In developing the report, the Commission shall seek input from the Secretary, the nuclear energy industry, a diverse set of technology developers, and other public stakeholders. (3) Cost and schedule estimates.—The report shall include proposed cost estimates, budgets, and timeframes for implementing strategies to establish stages in the licensing process for commercial advanced nuclear reactor technologies. (4) Required evaluations.—Consistent with the role of the Commission in protecting public health and safety and common defense and security, the report shall evaluate— (A)(i) the unique aspects of commercial advanced nuclear reactor licensing, including the use of alternative coolants, operation at or near atmospheric pressure, and the use of passive safety strategies; (ii) strategies for the qualification of advanced nuclear reactor fuel, including the use of computer modeling and simulation and experimental validation; and (iii) for the purposes of predictable, efficient, and timely reviews, any associated legal, regulatory, and policy issues the Commission should address with regard to the licensing of commercial advanced nuclear reactor technologies; (B) options for licensing commercial advanced nuclear reactors under the regulations of the Commission contained in title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act), including— (i) the development and use under the regulatory framework of the Commission in effect on the date of enactment of this Act of a licensing project plan that could establish— (I) milestones that— (aa) correspond to stages of a licensing process for the specific situation of a commercial advanced nuclear reactor project; and (bb) use knowledge of the ability of the Commission to review certain design aspects; and (II) guidelines defining the roles and responsibilities between the Commission and the applicant at the onset of the interaction— (aa) to provide the foundation for effective communication and effective project management; and (bb) to ensure efficient progress; (ii) the use of topical reports, standard design approval, and other appropriate mechanisms as tools to introduce stages into the commercial advanced nuclear reactor licensing process, including how the licensing project plan might structure the use of those mechanisms; (iii) collaboration with standards-setting organizations to identify specific technical areas for which new or updated standards are needed and providing assistance if appropriate to ensure the new or updated standards are developed and finalized in a timely fashion; (iv) the incorporation of consensus-based codes and standards developed under clause (iii) into the regulatory framework— (I) to provide predictability for the regulatory processes of the Commission; and (II) to ensure timely completion of specific licensing actions; (v) the development of a process for, and the use of, conceptual design assessments; and (vi) identification of any policies and guidance for staff that will be needed to implement clauses (i) and (ii); (C) options for improving the efficiency, timeliness, and cost-effectiveness of licensing reviews of commercial advanced nuclear reactors, including opportunities to minimize the delays that may result from any necessary amendment or supplement to an application; (D) options for improving the predictability of the commercial advanced nuclear reactor licensing process, including the evaluation of opportunities to improve the process by which application review milestones are established and met; and (E) the extent to which Commission action or modification of policy is needed to implement any part of the report. (c) Report To Increase the Use of Risk-Informed and Performance-Based Evaluation Techniques and Regulatory Guidance.— (1) Report required.—Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate congressional committees a report for increasing, where appropriate, the use of risk-informed and performance-based evaluation techniques and regulatory guidance in licensing commercial advanced nuclear reactors within the existing regulatory framework (referred to in this subsection as the “report”). (2) Coordination and stakeholder input.—In developing the report, the Commission shall seek input from the Secretary, the nuclear energy industry, technology developers, and other public stakeholders. (3) Cost and schedule estimate.—The report shall include proposed cost estimates, budgets, and timeframes for implementing a strategy to increase the use of risk-informed and performance-based evaluation techniques and regulatory guidance in licensing commercial advanced nuclear reactors. (4) Required evaluations.—Consistent with the role of the Commission in protecting public health and safety and common defense and security, the report shall evaluate— (A) the ability of the Commission to develop and implement, where appropriate, risk-informed and performance-based licensing evaluation techniques and guidance for commercial advanced nuclear reactors within existing regulatory frameworks not later than 2 years after the date of enactment of this Act, including policies and guidance for the resolution of— (i) issues relating to— (I) licensing basis event selection and evaluation; (II) use of mechanistic source terms; (III) containment performance; (IV) emergency preparedness; and (V) the qualification of advanced nuclear reactor fuel; and (ii) other policy issues previously identified; and (B) the extent to which Commission action is needed to implement any part of the report. (d) Report To Prepare the Research and Test Reactor Licensing Process.— (1) Report required.—Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate congressional committees a report for preparing the licensing process for research and test reactors within the existing regulatory framework (referred to in this subsection as the “report”). (2) Coordination and stakeholder input.—In developing the report, the Commission shall seek input from the Secretary, the nuclear energy industry, a diverse set of technology developers, and other public stakeholders. (3) Cost and schedule estimates.—The report shall include proposed cost estimates, budgets, and timeframes for preparing the licensing process for research and test reactors. (4) Required evaluations.—Consistent with the role of the Commission in protecting public health and safety and common defense and security, the report shall evaluate— (A) the unique aspects of research and test reactor licensing and any associated legal, regulatory, and policy issues the Commission should address to prepare the licensing process for research and test reactors; (B) the feasibility of developing guidelines for advanced reactor demonstrations and prototypes to support the review process for advanced reactors designs, including designs that use alternative coolants or alternative fuels, operate at or near atmospheric pressure, and use passive safety strategies; and (C) the extent to which Commission action or modification of policy is needed to implement any part of the report. (e) Report To Complete a Rulemaking To Establish a Technology-Inclusive Regulatory Framework for Optional Use by Commercial Advanced Nuclear Reactor Technologies in New Reactor License Applications and To Enhance Commission Expertise Relating to Advanced Nuclear Reactor Technologies.— (1) Report required.—Not later than 30 months after the date of enactment of this Act, the Commission shall submit to the appropriate congressional committees a report (referred to in this subsection as the “report”) for— (A) completing a rulemaking to establish a technology-inclusive regulatory framework for optional use by applicants in licensing commercial advanced nuclear reactor technologies in new reactor license applications; and (B) ensuring that the Commission has adequate expertise, modeling, and simulation capabilities, or access to those capabilities, to support the evaluation of commercial advanced reactor license applications, including the qualification of advanced nuclear reactor fuel. (2) Coordination and stakeholder input.—In developing the report, the Commission shall seek input from the Secretary, the nuclear energy industry, a diverse set of technology developers, and other public stakeholders. (3) Cost and schedule estimate.—The report shall include proposed cost estimates, budgets, and timeframes for developing and implementing a technology-inclusive regulatory framework for licensing commercial advanced nuclear reactor technologies, including completion of a rulemaking. (4) Required evaluations.—Consistent with the role of the Commission in protecting public health and safety and common defense and security, the report shall evaluate— (A) the ability of the Commission to complete a rulemaking to establish a technology-inclusive regulatory framework for licensing commercial advanced nuclear reactor technologies by December 31, 2027; (B) the extent to which additional legislation, or Commission action or modification of policy, is needed to implement any part of the new regulatory framework; (C) the need for additional Commission expertise, modeling, and simulation capabilities, or access to those capabilities, to support the evaluation of licensing applications for commercial advanced nuclear reactors and research and test reactors, including applications that use alternative coolants or alternative fuels, operate at or near atmospheric pressure, and use passive safety strategies; and (D) the budgets and timeframes for acquiring or accessing the necessary expertise to support the evaluation of license applications for commercial advanced nuclear reactors and research and test reactors. (f) Prizes for Advanced Nuclear Reactor Licensing.— (1) Definition of eligible entity.—In this subsection, the term “eligible entity” means— (A) a non-Federal entity; and (B) the Tennessee Valley Authority. (2) Prize for advanced nuclear reactor licensing.— (A) In general.—Notwithstanding section 169 of the Atomic Energy Act of 1954 (42 U.S.C. 2209) and subject to the availability of appropriations, the Secretary is authorized to make, with respect to each award category described in subparagraph (C), an award in an amount described in subparagraph (B) to the first eligible entity— (i) to which the Commission issues an operating license for an advanced nuclear reactor under part 50 of title 10, Code of Federal Regulations (or successor regulations), for which an application has not been approved by the Commission as of the date of enactment of this subsection; or (ii) for which the Commission makes a finding described in section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), with respect to a combined license for an advanced nuclear reactor— (I) that is issued under subpart C of part 52 of that title (or successor regulations); and (II) for which an application has not been approved by the Commission as of the date of enactment of this subsection. (B) Amount of award.—Subject to paragraph (3), an award under subparagraph (A) shall be in an amount equal to the total amount assessed by the Commission and collected under section 102(b)(2) from the eligible entity receiving the award for costs relating to the issuance of the license described in that subparagraph, including, as applicable, costs relating to the issuance of an associated construction permit described in section 50.23 of title 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 of that title (or successor regulations)). (C) Award categories.—An award under subparagraph (A) may be made for— (i) the first advanced nuclear reactor for which the Commission— (I) issues a license in accordance with clause (i) of subparagraph (A); or (II) makes a finding in accordance with clause (ii) of that subparagraph; (ii) an advanced nuclear reactor that— (I) uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)) or depleted uranium as fuel for the advanced nuclear reactor; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iii) an advanced nuclear reactor that— (I) is a nuclear integrated energy system— (aa) that is composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies; (bb) in which not fewer than 1 subsystem described in item (aa) is a nuclear energy system; and (cc) the purpose of which is— (AA) to reduce greenhouse gas emissions in both the power and nonpower sectors; and (BB) to maximize energy production and efficiency; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iv) an advanced reactor that— (I) operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; and (v) the first advanced nuclear reactor for which the Commission grants approval to load nuclear fuel pursuant to the technology-inclusive regulatory framework established under subsection (a)(4). (3) Federal funding limitations.— (A) Exclusion of tva funds.—In this paragraph, the term “Federal funds” does not include funds received under the power program of the Tennessee Valley Authority established pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.). (B) Limitation on amounts expended.—An award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share required under section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352)) by the eligible entity receiving the award for licensing costs relating to the project for which the award is made. (C) Repayment and dividends not required.—Notwithstanding section 9104(a)(4) of title 31, United States Code, or any other provision of law, an eligible entity that receives an award under this subsection shall not be required— (i) to repay that award or any part of that award; or (ii) to pay a dividend, interest, or other similar payment based on the sum of that award.