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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6326 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6326
To amend the Nuclear Energy Innovation and Modernization Act to reduce
regulatory costs for advanced nuclear reactor application reviews, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 9, 2023
Mr. Bucshon (for himself and Mr. Peters) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Nuclear Energy Innovation and Modernization Act to reduce
regulatory costs for advanced nuclear reactor application reviews, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Reactor Fee Reduction
Act''.
SEC. 2. FEES FOR ADVANCED NUCLEAR REACTOR APPLICATION REVIEW.
(a) Definitions.--Section 3 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) is
amended--
(1) by redesignating paragraphs (2) through (15) as
paragraphs (3), (5), (7), (8), (9), (10), (11), (14), (15),
(16), (17), (18), (19), and (20), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Advanced nuclear reactor applicant.--The term
`advanced nuclear reactor applicant' means an entity that has
submitted to the Commission an application for a license for an
advanced nuclear reactor under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).'';
(3) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Advanced nuclear reactor preapplicant.--The term
`advanced nuclear reactor preapplicant' means an entity that
has submitted to the Commission a licensing project plan for
the purposes of submitting a future application for a license
for an advanced nuclear reactor under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.).''.
(4) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Agency support.--The term `agency support' has the
meaning given the term `agency support (corporate support and
the IG)' in section 170.3 of title 10, Code of Federal
Regulations (or any successor regulation).''; and
(5) by inserting after paragraph (11) (as so redesignated)
the following:
``(12) Mission-direct program salaries and benefits.--The
term `mission-direct program salaries and benefits' has the
meaning given such term in section 170.3 of title 10, Code of
Federal Regulations (or any successor regulation).
``(13) Mission-indirect program support.--The term
`mission-indirect program support' has the meaning given such
term in section 170.3 of title 10, Code of Federal Regulations
(or any successor regulation).''.
(b) Excluded Activities.--Section 102(b)(1)(B) of the Nuclear
Energy Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) is
amended by adding at the end the following:
``(iv) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(B)(ii), may not be included in
the professional hourly rate charged for fees
assessed and collected from advanced nuclear
reactor applicants.
``(v) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(C)(ii), may not be included in
the professional hourly rate charged for fees
assessed and collected from advanced nuclear
reactor preapplicants.''.
(c) Fees for Service or Thing of Value.--Section 102(b) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)) is
amended by striking paragraph (2) and inserting the following:
``(2) Fees for service or thing of value.--
``(A) In general.--In accordance with section 9701
of title 31, United States Code, the Commission 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.
``(B) Advanced nuclear reactor applicants.--The
professional hourly rate charged for fees assessed and
collected from an advanced nuclear reactor applicant
under this paragraph relating to the review of a
submitted application for an advanced nuclear reactor
may not--
``(i) exceed the professional hourly rate
for mission-direct program salaries and
benefits of the Nuclear Reactor Safety Program;
and
``(ii) include the costs of mission-
indirect program support and agency support.
``(C) Advanced nuclear reactor preapplicants.--The
professional hourly rate charged for fees assessed and
collected from an advanced nuclear reactor preapplicant
under this paragraph relating to the review of
submitted materials as described in the licensing
project plan of such advanced nuclear reactor
preapplicant may not--
``(i) exceed the professional hourly rate
for mission-direct program salaries and
benefits of the Nuclear Reactor Safety Program;
and
``(ii) include the costs of mission-
indirect program support and agency support.
``(D) Calculation of hourly rate.--In this
paragraph, the professional hourly rate for mission-
direct program salaries and benefits of the Nuclear
Reactor Safety Program equals the quotient obtained by
dividing--
``(i) the full-time equivalent rate (within
the meaning of the document of the Commission
entitled `FY 2023 Final Fee Rule Work Papers'
(or a successor document)) for mission-direct
program salaries and benefits of the Nuclear
Reactor Safety Program (as determined by the
Commission) for a fiscal year; by
``(ii) the productive hours assumption for
that fiscal year, determined in accordance with
the formula established in the document
referred to in clause (i) (or a successor
document).''.
(d) Sunset.--Section 102 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215) is amended by adding at the end the
following:
``(g) Cessation of Effectiveness.--Paragraphs (1)(B)(v) and (2)(C)
of subsection (b) shall cease to be effective on September 30, 2029.''.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 2024.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy, Climate and Grid Security.
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