115 HR 1007 IH: Nuclear Assistance for America’s Small Businesses Act
U.S. House of Representatives
2023-02-14
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I
118th CONGRESS
1st Session
H. R. 1007
IN THE HOUSE OF REPRESENTATIVES
February 14, 2023
Mr. Donalds (for himself, Mr. Fleischmann, Ms. Salazar, Mr. Nehls, Mr. Bishop of North Carolina, Mr. Weber of Texas, and Ms. Mace) 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 assist small businesses that seek to engage in the research, development, and deployment of advanced nuclear reactors by delaying onerous licensing fees, and for other purposes.
1.

Short title
This Act may be cited as the “Nuclear Assistance for America’s Small Businesses Act”.
2.

Small business assistance
(a)

In general
Section 102(b) of the Nuclear Energy Innovation and Modernization Act (Public Law 115–439; 132 Stat. 5565) is amended by adding at the end following:
“(4)

Small business assistance
(A)

Pre-application fees
Beginning 1 year after the date of enactment of this paragraph, the Commission shall, upon request by an eligible owner, delay collection of up to 50 percent of fees that are assessed for activities relating to a covered application before the date on which such covered application is docketed.
(B)

Post-application fees
The Commission shall, upon request by an eligible owner, delay collection of up to 35 percent of fees that are assessed during—
(i)
the period that begins on the date that a covered application for a construction permit is docketed and ends on the date that the applicable operating license is issued;
(ii)
the period that begins on the date a covered application for a combined license is docketed and ends on the date that the finding required under section 52.103(g) of title 10, Code of Federal Regulations (or any successor regulations) for the combined license is made; or
(iii)
any appropriate period of time that begins on the date a covered application is docketed, as determined by the Commission, under the framework developed in accordance with section 103(a)(4).
(C)

Collection of delayed fees
(i)

Default collection plan
For any fees the collection of which is delayed pursuant to subparagraph (A) or (B), the Commission shall collect, from the applicable eligible owner, 10 percent of the amount of such delayed fees—
(I)
- (aa)
on the date that the Commission—
(AA)
issues the applicable operating license; or
(BB)
makes a finding required under section 52.103(g) of title 10, Code of Federal Regulations (or any successor regulations), for a combined license; or
- (bb)
for fees assessed for any period described in subparagraph (B)(iii), not later than 1 day after the date that the period ends; and
(II)
annually thereafter for a period of 10 years.
(ii)

Failure to submit a covered application
(I)

In general
Subject to subclause (II), in the event an eligible owner does not submit a covered application within 5 years after the date such eligible owner provides a formal response to the RIS–20–02, the Commission shall collect, from such eligible owner, 25 percent of any fees the collection of which is delayed pursuant to subparagraph (A) beginning on a date the Commission determines appropriate and annually thereafter for a period of 4 years.
(II)

Exception
If an eligible owner described in subclause (I) submits an applicable covered application within the 4-year period described in subclause (I), the Commission shall collect, from such eligible owner, any fees the collection of which is delayed pursuant to subparagraph (A) in accordance with clause (i).
(iii)

Denied application
(I)

In general
Subject to subclause (II), in the event that a covered application submitted by an eligible owner is docketed and then denied by the Commission, the Commission shall collect, from such eligible owner, 25 percent of any fees the collection of which is delayed pursuant to subparagraph (A) or (B) beginning on the date that is 1 year after the date such denial is issued.
(II)

Exception
If an eligible owner described in subclause (I) submits or resubmits a covered application within 1 year of the original denial is issued, the Commission shall collect, from such eligible owner, any fees the collection of which is delayed pursuant to subparagraph (A) or (B) in accordance with clause (i).
(iv)

Withdrawn or temporarily suspended covered applications
(I)

Withdrawn covered applications
In the event a covered application submitted by an eligible owner is docketed and then such covered application is withdrawn by such eligible owner, the Commission shall collect, from such eligible owner, 25 percent of any fees the collection of which is delayed pursuant to subparagraph (A) or (B) beginning on a date that is 1 year after the date such covered application is withdrawn.
(II)

Temporarily suspended covered applications
- (aa)

Delay collection
In the event a covered application submitted by an eligible owner is docketed and then such covered application is temporarily suspended from review by such eligible owner, the Commission shall delay collection of any fees assessed prior to the temporary suspension until the sooner of—
(AA)
such eligible owner resumes review of the covered application; or
(BB)
a period of 3 years.
- (bb)

Collection
In the event that a covered application is temporarily suspended, as described in item (aa), and an eligible owner has not resumed review of such covered application before the end the 3 year period described in item (aa)(BB), the Commission shall collect, from such eligible owner, 25 percent of any fees the collection of which is delayed pursuant to item (aa) beginning on the date that is 3 years after the date the eligible owner temporarily suspends a covered application.
- (cc)

Exception
If an eligible owner described in item (bb) resumes review of a covered application within 3 years after the date such covered application is temporarily suspended, the Commission shall collect, from such eligible owner, any fees the collection of which is delayed pursuant to item (aa), in accordance with item (bb).
(D)

Excluded activity from cost-recovery requirement
Any fees the collection of which is delayed pursuant to this paragraph shall be considered an excluded activity under paragraph (1)(B).
(E)

Report
Not later than December 31, 2029, the Commission shall prepare and submit a report to the appropriate committees describing the views of the Commission on the continued appropriateness and necessity of providing eligible owners with the ability to defer the collection of the fees in accordance with this paragraph.
(F)

Definitions
In this paragraph:
(i)

Appropriate committees
The term appropriate committees means—
(I)
the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives; and
(II)
the Committee on Appropriations and the Committee on Environment and Public Works of the Senate.
(ii)

Combined license
The term combined license has the meaning given such term in section 52.1 of title 10, Code of Federal Regulations (or any successor regulations).
(iii)

Construction permit
The term construction permit means a construction permit described in and issued under part 50 of title 10, Code of Federal Regulations (or any successor regulations).
(iv)

Covered application
The term covered application means an application, to be submitted to the Commission, for a construction permit, operating license, or a combined license, for an advanced nuclear reactor.
(v)

Eligible owner
The term eligible owner means an owner of a small business that—
(I)
seeks to engage in the research, development, and deployment of an advanced nuclear reactor; and
(II)
has submitted a response to the RIS–20–02.
(vi)

Operating license
The term operating license means an operating license described in and issued under part 50 of title 10, Code of Federal Regulations (or any successor regulations).
(vii)

RIS–20–02
The term RIS–20–02 means the NRC Regulatory Issue Summary 2020–02 published by the Nuclear Regulatory Commission on August 31, 2020.
(viii)

Small business
The term small business means a small business concern that is assigned a North American Industry Classification System code of 221113.”.
(b)

Conforming amendment
Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act (Public Law 115–439; 132 Stat. 5565) is amended by adding at the end following:
“(iv)
Any fees the collection of which is delayed pursuant to paragraph (4).”.