S.Amdt. 1492

SA 1492. Mrs. GILLIBRAND (for Mr. Sanders (for himself, Mrs.
Gillibrand, Ms. Harris, and Mr. Markey)) submitted an amendment
intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski
to the bill S. 2657, to support innovation in advanced geothermal
research and development, and for other purposes; which was ordered to
lie on the table; as follows:

At the end of subtitle E of title I, add the following:

SEC. 15__. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

(a) In General.--Chapter 10 of title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2131 et seq.) is amended by adding at
the end the following:

``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS.

``a. Definitions.--In this section:
``(1) Affected state.--The term `affected State' means--
``(A) the host State of a covered facility; and
``(B) each State located within 50 miles of a covered
facility.
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Covered facility.--The term `covered facility' means
a facility of a licensee for which a PSDAR is required.
``(4) Host state.--The term `host State' means the State in
which a covered facility is located.
``(5) License; licensee.--The terms `license' and
`licensee' have the meanings given those terms in section
50.2 of title 10, Code of Federal Regulations (or successor
regulations).
``(6) PSDAR.--The term `PSDAR' means a post-shutdown
decommissioning activities report submitted to the Commission
and affected States under section 50.82(a)(4)(i) of title 10,
Code of Federal Regulations (or successor regulations).
``(7) Transferee.--The term `transferee' means an entity to
which a licensee proposes to transfer a license for a covered
facility.
``(8) Tribal government.--The term `Tribal government'
means the governing body of an Indian tribe (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)).
``b. Consultation Required.--Notwithstanding any other
provision of law (including regulations), a licensee may not
submit

[[Page S1485]]

to the Commission a proposed PSDAR, or transfer to another
entity the license, for a covered facility until the licensee
and the transferee, if applicable, conduct consultation
regarding the development of the proposed PSDAR or the
proposed license transfer, as applicable, with--
``(1) each affected State; and
``(2) each unit of State government or Tribal government
that--
``(A) is located in an affected State; and
``(B) has jurisdiction over land located within 50 miles of
the covered facility.
``c. Submission to Commission; Additional Consultation.--
``(1) In general.--After carrying out the consultation
required under subsection b. with respect to a proposed PSDAR
or transfer of a license for a covered facility, the licensee
shall--
``(A) submit to the Commission, as applicable--
``(i) the proposed PSDAR; or
``(ii) an application for transfer of a license; and
``(B) subject to paragraph (3), make the proposed PSDAR or
application for transfer of a license, as applicable,
available to the public.
``(2) Public availability.--On receipt of a proposed PSDAR
or notice of a proposed license transfer under paragraph
(1)(A), the Commission shall, subject to paragraph (3), make
the proposed PSDAR or application for transfer of a license,
as applicable, available to the public.
``(3) Exclusion of certain information.--In making a
proposed PSDAR or application for transfer of a license, as
applicable, available to the public under paragraph (1)(B) or
(2), the Commission or the licensee, as applicable, may
redact such information as the Commission or the licensee, as
applicable, determines to be necessary to protect--
``(A) trade secrets and commercial or financial information
under section 552(b)(4) of title 5, United States Code; or
``(B) national security.
``d. Public Participation.--For a period of not less than
90 days beginning on the date on which a licensee submits a
proposed PSDAR to the Commission under subsection c. (1)(A)
or the date on which the Commission dockets an application
for transfer of a license under section 2.101 of title 10,
Code of Federal Regulations (or successor regulations), as
applicable, the Commission shall solicit in the host State
public comments regarding the proposed PSDAR or notice of
proposed license transfer, including through--
``(1) the solicitation of written comments; and
``(2) the conduct of not fewer than 2 public meetings.
``e. Support, Conditional Support, or Nonsupport by Host
State.--
``(1) In general.--Not later than 60 days after the date of
receipt of a proposed PSDAR or the date on which the
Commission dockets an application for transfer of a license
under section 2.101 of title 10, Code of Federal Regulations
(or successor regulations), as applicable, for a covered
facility, the Commission shall notify the host State of the
opportunity to file with the Commission, by the date that is
60 days after the date on which the host State receives the
notification--
``(A) a statement of support for the proposed PSDAR or
license transfer;
``(B) a statement of conditional support for the proposed
PSDAR or license transfer, together with specific
recommendations for changes that could lead the host State to
support the proposed PSDAR or license transfer; or
``(C) a statement of nonsupport for the proposed PSDAR or
license transfer.
``(2) Statement of support or nonsupport; failure to
submit.--
``(A) In general.--If the host State files with the
Commission a statement of support under paragraph (1)(A) or a
statement of nonsupport under paragraph (1)(C), or fails to
file a statement with the Commission by the deadline
specified in paragraph (1), the Commission shall issue a
determination regarding whether the proposed PSDAR is
adequate or inadequate or a determination regarding whether
to provide consent for the proposed license transfer, as
applicable--
``(i) based on the considerations described in subparagraph
(B); and
``(ii) after taking into consideration--

``(I) any written comments submitted by the host State,
other affected States, and local communities with respect to
the proposed PSDAR or license transfer; and
``(II) any input from the public under subsection d.

``(B) Considerations.--The Commission shall consider a
proposed PSDAR or license transfer to be adequate under
subparagraph (A) if the Commission determines that--
``(i) the proposed PSDAR or license transfer provides for--

``(I) the overall protection of human health and the
environment; and
``(II) adequate protection to the health and safety of the
public and the common defense and security;

``(ii) the licensee (and, if applicable, the transferee)
has a substantial likelihood of implementing the proposed
PSDAR or license transfer within the timeframe described in
the proposed PSDAR or license transfer application;
``(iii) the proposed PSDAR or license transfer is in
accordance with applicable law (including regulations); and
``(iv) the licensee (and, if applicable, the transferee)
has demonstrated that the licensee has, or will have, the
funds required to fully implement the proposed PSDAR or
license transfer within the timeframe described in the
proposed PSDAR or license transfer application, based on--

``(I) a comprehensive radiological site assessment and
characterization; and
``(II) a nonradiological site assessment and
characterization conducted by the host State.

``(C) Determination of adequacy.--Subject to paragraph (4),
if the Commission determines that a proposed PSDAR or license
transfer is adequate under subparagraphs (A) and (B), the
Commission shall issue a decision document approving the
PSDAR or license transfer.
``(D) Determination of inadequacy.--If the Commission
determines that a proposed PSDAR or license transfer is
inadequate under subparagraphs (A) and (B)--
``(i) the Commission shall issue a decision document
rejecting the proposed PSDAR or license transfer, including a
description of the reasons for the decision, by the
applicable deadline under paragraph (4); and
``(ii) not later than 2 years after the date of cessation
of operations at the applicable covered facility, the
licensee shall develop and submit to the Commission a new
proposed PSDAR or license transfer in accordance with this
section.
``(3) Conditional support by host state.--
``(A) In general.--In any case in which the host State
files with the Commission a statement of conditional support
of a proposed PSDAR or license transfer under paragraph
(1)(B), the Commission shall determine whether the proposed
PSDAR or license transfer is permissible under applicable law
(including regulations).
``(B) Changes.--Notwithstanding the adequate protection of
public health and safety or the common defense and security,
for each change recommended by the host State under paragraph
(1)(B), the Commission shall--
``(i) provide for the inclusion of the change into the
final PSDAR or license transfer, unless the Commission
determines the change to be inappropriate for inclusion,
based on clear and convincing evidence that--

``(I) the change violates applicable law; or
``(II) the total costs of the change substantially outweigh
the safety, economic, or environmental benefits of the change
to the host State; and

``(ii) if applicable, provide the rationale for each
determination of inappropriateness under clause (i).
``(C) Decision document.--
``(i) In general.--Subject to paragraph (4), based on the
determinations made under subparagraphs (A) and (B), the
Commission shall issue a decision document relating to a
proposed PSDAR or license transfer that, as applicable--

``(I) approves the proposed PSDAR or license transfer with
any changes recommended by the host State that are not
determined to be inappropriate under subparagraph (B); or
``(II) rejects the proposed PSDAR or license transfer.

``(ii) Applicable law.--A decision document issued under
clause (i) or subparagraph (C) or (D)(i) of paragraph (2)
shall be considered to be a final order entered in a
proceeding under section 189 a.
``(D) Treatment on approval.--On approval by the Commission
of a proposed PSDAR or license transfer under subparagraph
(C)(i)(I) or paragraph (2)(C)--
``(i) the PSDAR or approval of the license transfer by the
Commission shall be final; and
``(ii) the licensee may begin implementation of the PSDAR.
``(E) Rejection.--If the Commission rejects a proposed
PSDAR or license transfer under subparagraph (C)(i)(II), not
later than 2 years after the date of cessation of operations
at the applicable covered facility, the licensee shall
develop and submit to the Commission a new proposed PSDAR or
license transfer in accordance with this section.
``(4) Deadline for decision document.--
``(A) In general.--Subject to subparagraphs (B) and (C),
the Commission shall issue a decision document relating to a
proposed PSDAR or license transfer under subparagraph (C) or
(D)(i) of paragraph (2) or paragraph (3)(C)(i) by not later
than 1 year after the date on which the proposed PSDAR or an
application for transfer of a license, as applicable, is
submitted to the Commission under subsection c. (1)(A).
``(B) Proposed intermediate license transfers.--
``(i) Definition of proposed intermediate license
transfer.--In this subparagraph, the term `proposed
intermediate license transfer' means a proposed transfer of
license--

``(I) for a covered facility on behalf of which a proposed
PSDAR has been submitted by the licensee to the Commission
under subsection c. (1)(A)(i); and
``(II) the notice of which is submitted to the Commission
under subsection c. (1)(A)(ii) before the applicable deadline
under subparagraph (A) for the issuance by the Commission of
a decision document relating to the proposed PSDAR described
in subclause (I).

``(ii) Deadline.--Subject to subparagraph (C), in any case
in which a licensee submits to the Commission a notice of a
proposed intermediate license transfer of a covered facility,
the Commission shall issue a decision

[[Page S1486]]

document relating to the proposed PSDAR of the covered
facility by not later than 1 year after the date of receipt
of the application for transfer of a license.
``(C) Extension.--If there are unforeseen circumstances,
including unexpected technical issues, site-specific
characteristics, or other external factors that could affect
the ability of the Commission to issue a decision document by
a deadline specified in subparagraph (A) or (B)(ii), the
Commission may extend the applicable deadline for a
reasonable period of time, as determined by the Commission.
``f. Additional Requirements.--
``(1) Action by transferees.--On transfer of a license for
a covered facility by a licensee to a transferee in
accordance with this section, the transferee shall conduct
consultation in accordance with subsection b. with respect to
each proposed PSDAR developed by the transferee for the
covered facility.
``(2) State environmental law compliance.--Notwithstanding
any other provision of this section, the Commission shall not
approve a proposed PSDAR or license transfer under this
section unless the proposed PSDAR or license transfer for a
covered facility includes a requirement that the licensee and
the transferee, if applicable, shall comply with applicable
State law relating to air, water, or soil quality or
radiological standards with respect to the implementation of
the proposed PSDAR or license transfer in any case in which
the applicable State law is more restrictive than an
applicable Federal law.
``g. Application to Existing Decommissioning Activities.--
``(1) In general.--The Commission shall notify--
``(A) each licensee or transferee, if applicable, of the
opportunity to develop and submit to the Commission for
approval a revised PSDAR for any covered facility of the
licensee for which, as of the date of enactment of this
section--
``(i) decontamination and dismantlement activities
described in the PSDAR have not commenced at the covered
facility; or
``(ii) decontamination and dismantlement activities
described in the PSDAR have been commenced at the covered
facility for a period of less than 5 years; and
``(B) each affected State with respect to a covered
facility described in subparagraph (A) of the opportunity to
consult with a licensee or transferee described in that
subparagraph in accordance with subsection b.
``(2) Process.--
``(A) In general.--Except as provided in paragraphs (3) and
(4), if a licensee or transferee described in paragraph
(1)(A) elects to submit to the Commission a revised PSDAR
under that paragraph, the process for consideration and
approval of the revised PSDAR shall be carried out in
accordance with--
``(i) the process for consideration and approval of a
proposed PSDAR for a covered facility under subsections b.,
c., d., and f.; and
``(ii) the process for support, conditional support, or
nonsupport by the host State under subsection e.
``(B) Nonselection.--If a licensee or transferee described
in paragraph (1)(A) elects not to revise an original PSDAR
under that paragraph, the host State may file a statement of
support, conditional support, or nonsupport for the original
PSDAR in accordance with the process for support, conditional
support, or nonsupport by a host State under subsection e.
``(3) Decision document.--A decision document for a revised
PSDAR submitted under paragraph (1)(A), or for an original
PSDAR in any case in which the licensee or transferee elects
not to revise the original PSDAR, shall be issued in
accordance with subparagraph (C) or (D)(I) of subsection e.
(2) or subsection e. (3)(C), as applicable, except that the
Commission shall issue the decision document by the date that
is 1 year after the date on which the applicable
decontamination and dismantlement activities commence at the
applicable covered facility.
``(4) Revision after determination of inadequacy.--If the
Commission rejects a revised PSDAR submitted by a licensee or
transferee under paragraph (1)(A) in accordance with
subsection e. (2)(D) or subsection e. (3)(E), the licensee or
transferee shall develop and submit to the Commission a new
revised PSDAR in accordance with this subsection by not later
than 2 years after the date of the rejection.''.
(b) Technical and Conforming Amendments.--
(1) In general.--The Atomic Energy Act of 1954 is amended--
(A) in section 103 (42 U.S.C. 2133)--
(i) in subsection d., in the second sentence, by striking
``any any'' and inserting ``any''; and
(ii) by redesignating subsection f. as subsection e.; and
(B) in section 111 (42 U.S.C. 2141), by striking the
section designation and all that follows through ``The
Nuclear'' in subsection a. and inserting the following:

``SEC. 111. LICENSING BY NUCLEAR REGULATORY COMMISSION OF
DISTRIBUTION OF CERTAIN MATERIALS BY DEPARTMENT
OF ENERGY.

``a. The Nuclear''.
(2) Table of contents.--The table of contents of the Atomic
Energy Act of 1954 (68 Stat. 919; 126 Stat. 2216) is amended
by striking the items relating to chapter 10 of title I and
inserting the following:

``Chapter 10. Atomic Energy Licenses

``Sec. 101. License required.
``Sec. 102. Utilization and production facilities for industrial or
commercial purposes.
``Sec. 103. Commercial licenses.
``Sec. 104. Medical therapy and research and development.
``Sec. 105. Antitrust provisions.
``Sec. 106. Classes of facilities.
``Sec. 107. Operators' licenses.
``Sec. 108. War or national emergency.
``Sec. 109. Component and other parts of facilities.
``Sec. 110. Exclusions.
``Sec. 111. Licensing by Nuclear Regulatory Commission of distribution
of certain materials by Department of Energy.
``Sec. 112. Domestic medical isotope production.
``Sec. 113. Post-shutdown decommissioning activities reports.''.
(c) Economic Adjustment Assistance for Community Advisory
Boards.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the
Administrator of the Economic Development Administration.
(B) Community advisory board.--
(i) In general.--The term ``community advisory board''
means a local community committee or other advisory
organization established for the purpose of fostering
communication and information exchange between--

(I) a licensee planning for, and involved in, the
decommissioning of a nuclear facility owned or operated by
the licensee; and
(II) members of a community that the decommissioning
referred to in subclause (I) may affect.

(ii) Inclusions.--The term ``community advisory board''
includes an organization described in clause (i) that is--

(I) sponsored by a licensee; or
(II) required under applicable State law (including
regulations).

(C) Licensee.--The term ``licensee'' means a person
licensed by the Nuclear Regulatory Commission under chapter
10 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2131 et seq.).
(2) Authorization of assistance.--Notwithstanding any other
provision of law, the Administrator shall establish a program
under which the Administrator shall provide to community
advisory boards economic adjustment assistance grants under
section 209 of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3149) or any other economic adjustment
assistance program of the Administrator.
(3) Eligibility.--A community advisory board shall be
eligible to receive a grant under this subsection if, as
determined by the Administrator, the community advisory
board--
(A) is composed of an organized group of individuals
(including local community leaders and elected officials,
State representatives, and staff of the applicable licensee)
interested in safe decommissioning practices and spent
nuclear fuel management at a nuclear facility that is--
(i)(I) undergoing decommissioning; or
(II) projected to undergo decommissioning not later than 3
years after the date on which an application is submitted
under subparagraph (C); and
(ii) located in the area in which the individuals reside or
are employed;
(B) has in effect a governing charter to establish the
roles and responsibilities of members; and
(C) submits to the Administrator an application at such
time, in such manner, and containing such information as the
Administrator may require.
(4) Use of funds.--A grant provided under this subsection--
(A) may be used for the administrative costs of the
recipient community advisory board, including the costs of--
(i) staffing; and
(ii) hiring any expert or other professional to assist the
community advisory board in navigating the decommissioning
process to ensure that the understanding and relevant
capabilities of the community advisory board are equivalent
to those of industry stakeholders, including the applicable
licensee; but
(B) shall not be used for any economic development
activity.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $5,000,000 for each of fiscal years 2021 through
2025.
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