An act to modernize the regulation of nuclear energy
PL 115-439 (S.512), enacted 01/14/2019

132 STAT. 5565 
PUBLIC LAW 115–439—JAN. 14, 2019 
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 proc-
esses necessary to allow innovation and the commercialization 
of advanced nuclear reactors; 
(2) a revised fee recovery structure to ensure the avail-
ability 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 
42 USC 2215 
note. 
42 USC 2215 
note. 
42 USC 2011 
note. 
Nuclear Energy 
Innovation and 
Modernization 
Act. 
Jan. 14, 2019 
[S. 512] 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01137
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5566 
PUBLIC LAW 115–439—JAN. 14, 2019 
the date of enactment of this Act)), with significant improve-
ments compared to commercial nuclear reactors under construc-
tion as of the date of enactment of this Act, including improve-
ments 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 Com-
mittee on Energy and Commerce of the House of Representa-
tives. 
(5) COMMISSION.—The term ‘‘Commission’’ means the 
Nuclear Regulatory Commission. 
(6) CONCEPTUAL DESIGN ASSESSMENT.—The term ‘‘concep-
tual design assessment’’ means an early-stage review by the 
Commission that— 
(A) assesses preliminary design information for consist-
ency 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 sup-
port costs’’ means expenditures for acquisitions, administrative 
services, financial management, human resource management, 
information management, information technology, policy sup-
port, 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 frame-
work’’ means the framework for reviewing requests for certifi-
cations, permits, approvals, and licenses for nuclear reactors. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01138
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5567 
PUBLIC LAW 115–439—JAN. 14, 2019 
(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 develop-
ment 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 Sec-
retary 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 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01139
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5568 
PUBLIC LAW 115–439—JAN. 14, 2019 
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 sub-
mitted by the Commission to Congress, the Commission shall 
expressly identify anticipated expenditures necessary for 
completion of the requested activities of the Commission antici-
pated 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 Con-
gress, corporate support costs, to the maximum extent prac-
ticable, 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 approxi-
mates— 
(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 
42 USC 2215. 
42 USC 2214 
note. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01140
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5569 
PUBLIC LAW 115–439—JAN. 14, 2019 
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 univer-
sities 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 subpara-
graph (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 Appropria-
tions 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 neces-
sity 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 Commis-
sion 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 
Time period. 
Determination. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01141
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5570 
PUBLIC LAW 115–439—JAN. 14, 2019 
in clause (i) if the Commission submits to the Com-
mittee 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 equi-
tably 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 regu-
latory 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 certifi-
cate 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 experi-
ments; 
(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. 
Deadlines. 
Regulations. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01142
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5571 
PUBLIC LAW 115–439—JAN. 14, 2019 
(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 mile-
stone 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 proc-
esses 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 Commis-
sion 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 rec-
ommendations 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 reac-
tors within the existing regulatory framework, including evalua-
tion 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 
Guidance. 
Procedures. 
Deadlines. 
Strategies. 
42 USC 2133 
note. 
Recommenda- 
tions. 
Regulations. 
Audits. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01143
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5572 
PUBLIC LAW 115–439—JAN. 14, 2019 
(iv) emergency preparedness. 
(3) RESEARCH AND TEST REACTOR LICENSING.—For the pur-
pose 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 author-
ized 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 expe-
diting 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 devel-
opers, 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; 
Regulations. 
Guidance. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01144
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5573 
PUBLIC LAW 115–439—JAN. 14, 2019 
(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 commer-
cial 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 respon-
sibilities 
between 
the 
Commission 
and 
the 
applicant at the onset of the interaction— 
(aa) to provide the foundation for effective 
communication and effective project manage-
ment; 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 organiza-
tions to identify specific technical areas for which new 
or updated standards are needed and providing assist-
ance if appropriate to ensure the new or updated stand-
ards are developed and finalized in a timely fashion; 
(iv) the incorporation of consensus-based codes and 
standards developed under clause (iii) into the regu-
latory 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 mini-
mize the delays that may result from any necessary amend-
ment 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 estab-
lished and met; and 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01145
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5574 
PUBLIC LAW 115–439—JAN. 14, 2019 
(E) the extent to which Commission action or modifica-
tion 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 guid-
ance 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 imple-
ment, where appropriate, risk-informed and performance- 
based licensing evaluation techniques and guidance for 
commercial advanced nuclear reactors within existing regu-
latory 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 evalua-
tion; 
(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 pre-
paring 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 devel-
opers, and other public stakeholders. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01146
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5575 
PUBLIC LAW 115–439—JAN. 14, 2019 
(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 modifica-
tion of policy is needed to implement any part of the 
report. 
(e) REPORT TO COMPLETE A RULEMAKING TO ESTABLISH A TECH-
NOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR OPTIONAL USE 
BY COMMERCIAL ADVANCED NUCLEAR REACTOR TECHNOLOGIES IN 
NEW REACTOR LICENSE APPLICATIONS AND TO ENHANCE COMMIS-
SION EXPERTISE RELATING TO ADVANCED NUCLEAR REACTOR TECH-
NOLOGIES.— 
(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 exper-
tise, modeling, and simulation capabilities, or access to 
those capabilities, to support the evaluation of commercial 
advanced reactor license applications, including the quali-
fication 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 devel-
opers, 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 rule-
making to establish a technology-inclusive regulatory 
framework for licensing commercial advanced nuclear 
reactor technologies by December 31, 2027; 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01147
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5576 
PUBLIC LAW 115–439—JAN. 14, 2019 
(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, mod-
eling, and simulation capabilities, or access to those 
capabilities, to support the evaluation of licensing applica-
tions 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 congres-
sional 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 appro-
priate 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 sponta-
neous 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 Anal-
yses project; and 
(ii) the current examination by the Commission 
of emergency planning zones for small modular reac-
tors 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 
Deadline. 
Publication. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01148
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5577 
PUBLIC LAW 115–439—JAN. 14, 2019 
(B) what levels of self-evacuation should be expected 
during the disaster, including outside the 10-mile evacu-
ation 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 pri-
vate 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 ESTABLISH-
MENT 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 
Public 
information. 
Licensing. 
42 USC 2134 
note. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01149
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5578 
PUBLIC LAW 115–439—JAN. 14, 2019 
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 decommis-
sioning process; 
(2) a discussion of the composition of a local community 
advisory board; and 
(3) best practices relating to the establishment and oper-
ation 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 sub-
section (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 loca-
tions 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 under-
going the decommissioning process; and 
(ii) request a public meeting under this paragraph. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01150
Fmt 6580
Sfmt 6581
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES
132 STAT. 5579 
PUBLIC LAW 115–439—JAN. 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. 
(4) WRITTEN SUMMARY.—The report under subsection (a) 
shall include a written summary of the public meetings con-
ducted 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 Oper-
ations 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 Dif-
fering 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 trans-
parency 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. 
Reports. 
Deadline. 
Recommenda- 
tions. 
VerDate Sep 11 2014 
14:16 Jan 18, 2024
Jkt 079194
PO 00000
Frm 01151
Fmt 6580
Sfmt 6580
G:\STATUTES\2018\GOVINFO FILES FOR ERIC\PART 4\79194PT4.001
79194PT4
whamilton on LAP1Z6H6L3PROD with STATUTES