[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6326 Introduced in House (IH)]

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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.
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