HR 590 RFS
ability, resistance to proliferation, and increased 
thermal efficiency; or 
(B) a nuclear fusion reactor. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) LICENSING.—The term ‘‘licensing’’ means 
NRC activities related to reviewing applications for 
licenses, permits, and design certifications, and re-
quests for any other regulatory approval for nuclear 
reactors within the responsibilities of the NRC under 
the Atomic Energy Act of 1954. 
(4) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given that term 
in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(5) NRC.—The term ‘‘NRC’’ means the Nu-
clear Regulatory Commission. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 4. AGENCY COORDINATION. 
The NRC and the Department shall enter into the 
a memorandum of understanding regarding the following 
topics: 
(1) TECHNICAL
EXPERTISE.—Ensuring that 
the Department has sufficient technical expertise to 
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support the civilian nuclear industry’s timely re-
search, development, demonstration, and commercial 
application of safe, innovative advanced reactor tech-
nology and the NRC has sufficient technical exper-
tise to support the evaluation of applications for li-
censes, permits, and design certifications, and other 
requests for regulatory approval for advanced reac-
tors. 
(2) MODELING AND SIMULATION.—The use of 
computers and software codes to calculate the behav-
ior and performance of advanced reactors based on 
mathematical models of their physical behavior. 
(3) FACILITIES.—Ensuring that the Depart-
ment maintains and develops the facilities to enable 
the civilian nuclear industry’s timely research, devel-
opment, demonstration, and commercial application 
of safe, innovative reactor technology and ensuring 
that the NRC has access to such facilities, as need-
ed. 
SEC. 5. ADVANCED REACTOR REGULATORY FRAMEWORK. 
(a) PLAN REQUIRED.—Not later than 1 year after 
the date of enactment of this Act, the NRC shall transmit 
to Congress a plan for developing an efficient, risk-in-
formed, technology-neutral framework for advanced reac-
tor licensing. The plan shall evaluate the following sub-
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jects, consistent with the NRC’s role in protecting public 
health and safety and common defense and security: 
(1) The unique aspects of advanced reactor li-
censing and any associated legal, regulatory, and 
policy issues the NRC will need to address to de-
velop a framework for licensing advanced reactors. 
(2) Options for licensing advanced reactors 
under existing NRC regulations in title 10 of the 
Code of Federal Regulations, a proposed new regu-
latory framework, or a combination of these ap-
proaches. 
(3) Options to expedite and streamline the li-
censing of advanced reactors, including opportunities 
to minimize the time from application submittal to 
final NRC licensing decision and minimize the 
delays that may result from any necessary amend-
ments or supplements to applications. 
(4) Options to expand the incorporation of con-
sensus-based codes and standards into the advanced 
reactor regulatory framework to minimize time to 
completion and provide flexibility in implementation. 
(5) Options to make the advanced reactor li-
censing framework more predictable. This evaluation 
should consider opportunities to improve the process 
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by which application review milestones are estab-
lished and maintained. 
(6) Options to allow applicants to use phased 
review processes under which the NRC issues ap-
provals that do not require the NRC to re-review 
previously approved information. This evaluation 
shall consider the NRC’s ability to review and condi-
tionally approve partial applications, early design in-
formation, and submittals that contain design cri-
teria and processes to be used to develop information 
to support a later phase of the design review. 
(7) The extent to which NRC action or modi-
fication of policy is needed to implement any part of 
the plan required by this subsection. 
(8) The role of licensing advanced reactors 
within NRC long-term strategic resource planning, 
staffing, and funding levels. 
(9) Options to provide cost-sharing financial 
structures for license applicants in a phased licens-
ing process. 
(b) COORDINATION AND STAKEHOLDER INPUT RE-
QUIRED.—In developing the plan required by subsection 
(a), the NRC shall seek input from the Department, the 
nuclear industry, and other public stakeholders. 
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(c) COST AND SCHEDULE ESTIMATE.—The plan re-
quired by subsection (a) shall include proposed cost esti-
mates, budgets, and specific milestones for implementing 
the advanced reactor regulatory framework by September 
30, 2019. 
(d) DESIGN CERTIFICATION STATUS.—In the NRC’s 
first budget request after the acceptance of any design cer-
tification application for an advanced nuclear reactor, and 
annually thereafter, the NRC shall provide the status of 
performance metrics and milestone schedules. The budget 
request shall include a plan to correct or recover from any 
milestone schedule delays, including delays because of 
NRC’s inability to commit resources for its review of the 
design certification applications. 
SEC. 6. USER FEES AND ANNUAL CHARGES. 
Section 6101(c)(2)(A) of the Omnibus Budget Rec-
onciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is 
amended— 
(1) by striking ‘‘and’’ at the end of clause (iii); 
(2) by striking the period at the end of clause 
(iv) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(v) for fiscal years ending before Oc-
tober 1, 2020, amounts appropriated to 
the Commission for activities related to the 
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