IB 

Union Calendar No. 717 

115TH CONGRESS 

2D SESSION H. R. 1320 

[Report No. 115–924] 

To amend the Omnibus Budget Reconciliation Act of 1990 related to Nuclear 

Regulatory Commission user fees and annual charges, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2017 

Mr. KINZINGER (for himself and Mr. MICHAEL F. DOYLE of Pennsylvania) 

introduced the following bill; which was referred to the Committee on Energy and Commerce 

SEPTEMBER 7, 2018 

Additional sponsors: Mr. LATTA and Mr. GENE GREEN of Texas 

SEPTEMBER 7, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 2, 2017] 


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A BILL 

To amend the Omnibus Budget Reconciliation Act of 1990 

related to Nuclear Regulatory Commission user fees and 

annual charges, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Utilization of 

5 Keynote Energy Act’’. 

6 SEC. 2. NUCLEAR REGULATORY COMMISSION USER FEES 

7 AND ANNUAL CHARGES THROUGH FISCAL 

8 YEAR 2020. 

9 (a) IN GENERAL.—Section 6101(c)(2)(A) of the Omni10 bus Budget Reconciliation Act of 1990 (42 U.S.C. 

11 2214(c)(2)(A)) is amended— 

12 (1) in clause (iii), by striking ‘‘and’’ at the end; 

13 (2) in clause (iv), by striking the period at the 

14 end and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(v) amounts appropriated to the 

17 Commission for the fiscal year for activities 

18 related to the development of a regulatory 

19 infrastructure for advanced nuclear reactor 

20 technologies.’’. 

21 (b) REPEAL.—Effective October 1, 2020, section 6101 

22 of the Omnibus Budget Reconciliation Act of 1990 (42 

23 U.S.C. 2214) is repealed. 


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1 SEC. 3. NUCLEAR REGULATORY COMMISSION USER FEES 

2 AND ANNUAL CHARGES FOR FISCAL YEAR 

3 2021 AND EACH FISCAL YEAR THEREAFTER. 

4 (a) ANNUAL BUDGET JUSTIFICATION.— 

5 (1) IN GENERAL.—In the annual budget jus6 tification submitted by the Commission to Congress, 

7 the Commission shall expressly identify anticipated 

8 expenditures necessary for completion of the requested 

9 activities of the Commission anticipated to occur dur10 ing the applicable fiscal year. 

11 (2) RESTRICTION.—The Commission shall, to the 

12 maximum extent practicable, use any funds made 

13 available to the Commission for a fiscal year for the 

14 anticipated expenditures identified under paragraph 

15 (1) for the fiscal year. 

16 (3) LIMITATION ON CORPORATE SUPPORT

17 COSTS.—With respect to the annual budget justifica18 tion submitted to Congress, corporate support costs, to 

19 the maximum extent practicable, shall not exceed the 

20 following percentages of the total budget authority of 

21 the Commission requested in the annual budget jus22 tification: 

23 (A) 30 percent for each of fiscal years 2021 

24 and 2022. 

25 (B) 29 percent for each of fiscal years 2023 

26 and 2024. 


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1 (C) 28 percent for fiscal year 2025 and each 

2 fiscal year thereafter. 

3 (b) FEES AND CHARGES.— 

4 (1) ANNUAL ASSESSMENT.— 

5 (A) IN GENERAL.—Each fiscal year, the 

6 Commission shall assess and collect fees and 

7 charges in accordance with paragraphs (2) and 

8 (3) in a manner that ensures that, to the max9 imum extent practicable, the amount assessed 

10 and collected is equal to an amount that ap11 proximates— 

12 (i) the total budget authority of the 

13 Commission for that fiscal year; less 

14 (ii) the budget authority of the Com15 mission for the activities described in sub16 paragraph (B). 

17 (B) EXCLUDED ACTIVITIES DESCRIBED.— 

18 The activities referred to in subparagraph (A)(ii) 

19 are the following: 

20 (i) Any fee-relief activity, as identified 

21 by the Commission. 

22 (ii) Amounts appropriated for the fis23 cal year to the Commission— 

24 (I) from the Nuclear Waste Fund 

25 established under section 302(c) of the 


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1 Nuclear Waste Policy Act of 1982 (42 

2 U.S.C. 10222(c)); 

3 (II) for implementation of section 

4 3116 of the Ronald W. Reagan Na5 tional Defense Authorization Act for 

6 Fiscal Year 2005 (50 U.S.C. 2601 note; 

7 Public Law 108–375); 

8 (III) for the homeland security ac9 tivities of the Commission (other than 

10 for the costs of fingerprinting and 

11 background checks required under sec12 tion 149 of the Atomic Energy Act of 

13 1954 (42 U.S.C. 2169) and the costs of 

14 conducting security inspections); 

15 (IV) for the Inspector General 

16 services of the Commission provided to 

17 the Defense Nuclear Facilities Safety 

18 Board; 

19 (V) for the partnership program 

20 with institutions of higher education 

21 established under section 244 of the 

22 Atomic Energy Act of 1954 (42 U.S.C. 

23 2015c); and 

24 (VI) for the scholarship and fel25 lowship programs under section 243 of 


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1 the Atomic Energy Act of 1954 (42 

2 U.S.C. 2015b). 

3 (iii) Costs for activities related to the 

4 development of regulatory infrastructure for 

5 advanced nuclear reactor technologies. 

6 (C) EXCEPTION.—The exclusion described 

7 in subparagraph (B)(iii) shall cease to be effec8 tive on January 1, 2032. 

9 (D) REPORT.—Not later than December 31, 

10 2030, the Commission shall submit to the Com11 mittee on Appropriations and the Committee on 

12 Environment and Public Works of the Senate 

13 and the Committee on Appropriations and the 

14 Committee on Energy and Commerce of the 

15 House of Representatives a report describing the 

16 views of the Commission on the continued appro17 priateness and necessity of funding for the ac18 tivities described in subparagraph (B)(iii). 

19 (2) FEES FOR SERVICE OR THING OF VALUE.— 

20 In accordance with section 9701 of title 31, United 

21 States Code, the Commission shall assess and collect 

22 fees from any person who receives a service or thing 

23 of value from the Commission to cover the costs to the 

24 Commission of providing the service or thing of value. 

25 (3) ANNUAL CHARGES.— 


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1 (A) IN GENERAL.—Subject to subparagraph 

2 (B) and except as provided in subparagraph (D), 

3 the Commission may charge to any licensee or 

4 certificate holder of the Commission an annual 

5 charge in addition to the fees set forth in para6 graph (2). 

7 (B) CAP ON ANNUAL CHARGES OF CERTAIN

8 LICENSEES.— 

9 (i) OPERATING REACTORS.—The an10 nual charge under subparagraph (A) 

11 charged to an operating reactor licensee, to 

12 the maximum extent practicable, shall not 

13 exceed the annual fee amount per operating 

14 reactor licensee established in the final rule 

15 of the Commission entitled ‘‘Revision of Fee 

16 Schedules; Fee Recovery for Fiscal Year 

17 2015’’ (80 Fed. Reg. 37432 (June 30, 

18 2015)), as may be adjusted annually by the 

19 Commission to reflect changes in the Con20 sumer Price Index published by the Bureau 

21 of Labor Statistics of the Department of 

22 Labor. 

23 (ii) FUEL FACILITIES.— 

24 (I) IN GENERAL.—The total an25 nual charges under subparagraph (A) 


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1 charged to fuel facility licensees, to the 

2 maximum extent practicable, shall not 

3 exceed an amount that is equal to the 

4 total annual fees collected from the fuel 

5 facilities class under the final rule of 

6 the Commission entitled ‘‘Revision of 

7 Fee Schedules; Fee Recovery for Fiscal 

8 Year 2016’’ (81 Fed Reg. 41171 (June 

9 24, 2016)), which amount may be ad10 justed annually by the Commission to 

11 reflect changes in the Consumer Price 

12 Index published by the Bureau of 

13 Labor Statistics of the Department of 

14 Labor. 

15 (II) EXCEPTION.—Subclause (I) 

16 shall not apply if the number of li17 censed facilities classified by the Com18 mission as fuel facilities exceeds seven. 

19 (III) CHANGES TO ANNUAL

20 CHARGES.—Any change in an annual 

21 charge under subparagraph (A) 

22 charged to a fuel facility licensee shall 

23 be based on— 


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1 (aa) a change in the regu2 latory services provided with re3 spect to the fuel facility; or 

4 (bb) an adjustment described 

5 in subclause (I). 

6 (iii) WAIVER.—The Commission may 

7 waive, for a period of 1 year, the cap on 

8 annual charges described in clause (i) or 

9 (ii) if the Commission submits to the Com10 mittee on Appropriations and the Com11 mittee on Environment and Public Works of 

12 the Senate and the Committee on Appro13 priations and the Committee on Energy 

14 and Commerce of the House of Representa15 tives a written determination that the cap 

16 on annual charges may compromise the 

17 safety and security mission of the Commis18 sion. 

19 (C) AMOUNT PER LICENSEE.— 

20 (i) IN GENERAL.—The Commission 

21 shall establish by rule a schedule of annual 

22 charges fairly and equitably allocating the 

23 aggregate amount of charges described in 

24 clause (ii) among licensees and certificate 

25 holders. 


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1 (ii) AGGREGATE AMOUNT.—For pur2 poses of this subparagraph, the aggregate 

3 amount of charges for a fiscal year shall 

4 equal an amount that approximates— 

5 (I) the amount to be collected 

6 under paragraph (1)(A) for the fiscal 

7 year; less 

8 (II) the amount of fees to be col9 lected under paragraph (2) for the fis10 cal year. 

11 (iii) REQUIREMENT.—The schedule of 

12 charges under clause (i)— 

13 (I) to the maximum extent prac14 ticable, shall be reasonably related to 

15 the cost of providing regulatory serv16 ices; and 

17 (II) may be based on the alloca18 tion of the resources of the Commission 

19 among licensees or certificate holders 

20 or classes of licensees or certificate 

21 holders. 

22 (D) EXEMPTION.—Subparagraph (A) shall 

23 not apply to the holder of any license for a feder24 ally owned research reactor used primarily for 


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1 educational training and academic research pur2 poses. 

3 (c) PERFORMANCE AND REPORTING.— 

4 (1) IN GENERAL.—The Commission shall develop 

5 for the requested activities of the Commission— 

6 (A) performance metrics; and 

7 (B) milestone schedules. 

8 (2) DELAYS IN ISSUANCE OF FINAL SAFETY

9 EVALUATION.—If the final safety evaluation for a re10 quested activity of the Commission is not completed 

11 by the completion date required by the performance 

12 metrics or milestone schedule under paragraph (1), 

13 the Executive Director for Operations of the Commis14 sion shall, not later than 30 days after such required 

15 completion date, inform the Commission of the delay. 

16 (3) DELAYS IN ISSUANCE OF FINAL SAFETY

17 EVALUATION EXCEEDING 180 DAYS.—If a final safety 

18 evaluation described in paragraph (2) is not com19 pleted by the date that is 180 days after the comple20 tion date required by the performance metrics or 

21 milestone schedule under paragraph (1), the Commis22 sion shall submit to the Committee on Environment 

23 and Public Works of the Senate and the Committee on 

24 Energy and Commerce of the House of Representa25 tives a timely report describing the delay, including 


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1 a detailed explanation accounting for the delay and 

2 a plan for timely completion of the final safety eval3 uation. 

4 (d) ACCURATE INVOICING.—With respect to invoices 

5 for fees charged under subsection (b)(2), the Commission 

6 shall— 

7 (1) ensure appropriate review and approval 

8 prior to the issuance of invoices; 

9 (2) develop and implement processes to audit in10 voices to ensure accuracy, transparency, and fairness; 

11 and 

12 (3) modify regulations to ensure fair and appro13 priate processes to provide licensees and applicants 

14 an opportunity to efficiently dispute or otherwise seek 

15 review and correction of errors in invoices for such 

16 fees. 

17 (e) REPORT.—Not later than September 30, 2022, the 

18 Commission shall submit to the Committee on Appropria19 tions and the Committee on Environment and Public Works 

20 of the Senate and the Committee on Appropriations and 

21 the Committee on Energy and Commerce of the House of 

22 Representatives a report describing the implementation of 

23 this section, including any effects of such implementation 

24 and recommendations for improvement. 

25 (f) DEFINITIONS.—In this section: 


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1 (1) ADVANCED NUCLEAR REACTOR.—The term 

2 ‘‘advanced nuclear reactor’’ means a nuclear fission 

3 or fusion reactor, including a prototype plant (as de4 fined in sections 50.2 and 52.1 of title 10, Code of 

5 Federal Regulations), with significant improvements 

6 compared to commercial nuclear reactors under con7 struction as of the date of enactment of this Act, in8 cluding improvements such as— 

9 (A) additional inherent safety features; 

10 (B) significantly lower levelized cost of elec11 tricity; 

12 (C) lower waste yields; 

13 (D) greater fuel utilization; 

14 (E) enhanced reliability; 

15 (F) increased proliferation resistance; 

16 (G) increased thermal efficiency; or 

17 (H) ability to integrate into electric and 

18 nonelectric applications. 

19 (2) COMMISSION.—The term ‘‘Commission’’ 

20 means the Nuclear Regulatory Commission. 

21 (3) CORPORATE SUPPORT COSTS.—The term 

22 ‘‘corporate support costs’’ means expenditures for ac23 quisitions, administrative services, financial manage24 ment, human resource management, information 


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1 management, information technology, policy support, 

2 outreach, and training. 

3 (4) RESEARCH REACTOR.—The term ‘‘research 

4 reactor’’ means a nuclear reactor that— 

5 (A) is licensed by the Commission under 

6 section 104 c. of the Atomic Energy Act of 1954 

7 (42 U.S.C. 2134(c)) for operation at a thermal 

8 power level of not more than 10 megawatts; and 

9 (B) if so licensed for operation at a thermal 

10 power level of more than 1 megawatt, does not 

11 contain— 

12 (i) a circulating loop through the core 

13 in which the licensee conducts fuel experi14 ments; 

15 (ii) a liquid fuel loading; or 

16 (iii) an experimental facility in the 

17 core in excess of 16 square inches in cross18 section. 

19 (5) REQUESTED ACTIVITY OF THE COMMIS20 SION.—The term ‘‘requested activity of the Commis21 sion’’ means— 

22 (A) the processing of applications for— 

23 (i) design certifications or approvals; 

24 (ii) licenses; 

25 (iii) permits; 


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1 (iv) license amendments; 

2 (v) license renewals; 

3 (vi) certificates of compliance; and 

4 (vii) power uprates; and 

5 (B) any other activity requested by a li6 censee or applicant. 

7 (g) EFFECTIVE DATE.—This section takes effect on Oc8 tober 1, 2020. 

9 SEC. 4. STUDY ON ELIMINATION OF FOREIGN LICENSING 

10 RESTRICTIONS. 

11 Not later than 18 months after the date of enactment 

12 of this Act, the Comptroller General shall transmit to Con13 gress a report containing the results of a study on the feasi14 bility and implications of repealing restrictions under sec15 tions 103 d. and 104 d. of the Atomic Energy Act of 1954 

16 (42 U.S.C. 2133(d); 2134(d)) on issuing licenses for certain 

17 nuclear facilities to an alien or an entity owned, controlled, 

18 or dominated by an alien, a foreign corporation, or a for19 eign government. 

20 SEC. 5. STUDY ON THE IMPACT OF THE ELIMINATION OF 

21 MANDATORY HEARING FOR UNCONTESTED 

22 LICENSING APPLICATIONS. 

23 Not later than 18 months after the date of enactment 

24 of this Act, the Comptroller General shall transmit to Con25 gress a report containing the results of a study on the effects 


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1 of eliminating the hearings required under section 189 a. 

2 of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)) for 

3 an application under section 103 or section 104 b. of such 

4 Act for a construction permit for a facility in the absence 

5 of a request of any person whose interest may be affected 

6 by the proceeding. 

7 SEC. 6. INFORMAL HEARING PROCEDURES. 

8 Section 189 a. of the Atomic Energy Act of 1954 (42 

9 U.S.C. 2239(a)) is amended by adding at the end the fol10 lowing: 

11 ‘‘(3) The Commission may use informal adjudicatory 

12 procedures for any hearing required under this section for 

13 which the Commission determines that adjudicatory proce14 dures under section 554 of title 5, United States Code, are 

15 unnecessary.’’. 

16 SEC. 7. APPLICATION REVIEWS FOR NUCLEAR ENERGY 

17 PROJECTS. 

18 Section 185 of the Atomic Energy Act of 1954 (42 

19 U.S.C. 2235) is amended by adding at the end the following: 

20 ‘‘c. APPLICATION REVIEWS FOR NUCLEAR ENERGY

21 PROJECTS.— 

22 ‘‘(1) STREAMLINING LICENSE APPLICATION RE23 VIEW.—With respect to an application that is dock24 eted seeking issuance of a construction permit, oper25 ating license, or combined construction permit and 


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1 operating license for a production or utilization facil2 ity, the Commission shall include the following proce3 dures: 

4 ‘‘(A) Undertake an environmental review 

5 process and issue any draft environmental im6 pact statement to the maximum extent prac7 ticable within 24 months after the application is 

8 accepted for docketing. 

9 ‘‘(B) Complete the technical review process 

10 and issue any safety evaluation report and any 

11 final environmental impact statement to the 

12 maximum extent practicable within 42 months 

13 after the application is accepted for docketing. 

14 ‘‘(2) EARLY SITE PERMIT.— 

15 ‘‘(A) SUPPLEMENTAL ENVIRONMENTAL IM16 PACT STATEMENT.—In a proceeding for a com17 bined construction permit and operating license 

18 for a site for which an early site permit has been 

19 issued, any environmental impact statement pre20 pared by the Commission and cooperating agen21 cies shall be prepared as a supplement to the en22 vironmental impact statement prepared for the 

23 early site permit. 


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1 ‘‘(B) INCORPORATION BY REFERENCE.—The 

2 supplemental environmental impact statement 

3 shall— 

4 ‘‘(i) incorporate by reference the anal5 ysis, findings, and conclusions from the en6 vironmental impact statement prepared for 

7 the early site permit; and 

8 ‘‘(ii) include additional discussion, 

9 analyses, findings, and conclusions on mat10 ters resolved in the early site permit pro11 ceeding only to the extent necessary to ad12 dress information that is new and signifi13 cant in that the information would materi14 ally change the prior findings or conclu15 sions. 

16 ‘‘(3) PRODUCTION OR UTILIZATION FACILITY LO17 CATED AT AN EXISTING SITE.—In reviewing an ap18 plication for an early site permit, construction per19 mit, operating license, or combined construction per20 mit and operating license for a production or utiliza21 tion facility located at the site of a licensed produc22 tion or utilization facility, the Commission shall, to 

23 the extent practicable, use information that was part 

24 of the licensing basis of the licensed production or uti25 lization facility. 


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1 ‘‘(4) REGULATIONS.—The Commission shall ini2 tiate a rulemaking, not later than 1 year after the 

3 date of enactment of the Nuclear Utilization of Key4 note Energy Act, to amend the regulations of the 

5 Commission to implement this subsection. 

6 ‘‘(5) ENVIRONMENTAL IMPACT STATEMENT DE7 FINED.—In this subsection, the term ‘environmental 

8 impact statement’ means a detailed statement re9 quired under section 102(C) of the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4332(C)). 

11 ‘‘(6) RELATIONSHIP TO OTHER LAW.—Nothing 

12 in this subsection exempts the Commission from any 

13 requirement for full compliance with section 

14 102(2)(C) of the National Environmental Policy Act 

15 of 1969 (42 U.S.C. 4332(2)(C)).’’. 

16 SEC. 8. REPORT IDENTIFYING BEST PRACTICES FOR ESTAB17 LISHMENT AND OPERATION OF LOCAL COM18 MUNITY ADVISORY BOARDS. 

19 (a) BEST PRACTICES REPORT.—Not later than 18 

20 months after the date of enactment of this Act, the Nuclear 

21 Regulatory Commission shall submit to Congress, and make 

22 publicly available, a report identifying best practices with 

23 respect to the establishment and operation of a local com24 munity advisory board to foster communication and infor25 mation exchange between a licensee planning for and inVerDate Sep 11 2014 21:56 Sep 07, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H1320.RH H1320

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1 volved in decommissioning activities and members of the 

2 community that decommissioning activities may affect, in3 cluding lessons learned from any such board in existence 

4 before the date of enactment of this Act. 

5 (b) CONTENTS.—The report described in subsection (a) 

6 shall include— 

7 (1) a description of— 

8 (A) the topics that could be brought before 

9 a local community advisory board; 

10 (B) how such a board’s input could be used 

11 to inform the decision-making processes of stake12 holders for various decommissioning activities; 

13 (C) what interaction such a board could 

14 have with the Nuclear Regulatory Commission 

15 and other Federal regulatory bodies to support 

16 the board members’ overall understanding of the 

17 decommissioning process and promote dialogue 

18 between the affected stakeholders and the licensee 

19 involved in decommissioning activities; and 

20 (D) how such a board could offer opportuni21 ties for public engagement throughout all phases 

22 of the decommissioning process; 

23 (2) a discussion of the composition of a local 

24 community advisory board; and 


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1 (3) best practices relating to the establishment 

2 and operation of a local community advisory board, 

3 including— 

4 (A) the time of establishment of such a 

5 board; 

6 (B) the frequency of meetings of such a 

7 board; 

8 (C) the selection of board members; 

9 (D) the term of board members; 

10 (E) the responsibility for logistics required 

11 to support such a board’s meetings and other 

12 routine activities; and 

13 (F) any other best practices relating to such 

14 a local community advisory board that are iden15 tified by the Commission. 

16 (c) CONSULTATION.—In developing the report de17 scribed in subsection (a), the Nuclear Regulatory Commis18 sion shall consult with any host State, any community 

19 within the emergency planning zone of an applicable nu20 clear facility, and any existing local community advisory 

21 board. 

22 SEC. 9. REPORT ON STUDY RECOMMENDATIONS. 

23 Not later than 90 days after the date of enactment of 

24 this Act, the Nuclear Regulatory Commission shall submit 

25 to Congress a report on the status of addressing and impleVerDate Sep 11 2014 21:56 Sep 07, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H1320.RH H1320

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1 menting the recommendations contained in the memo2 randum of the Executive Director of Operations of the Com3 mission entitled ‘‘Tasking in Response to the Assessment of 

4 the Considerations Identified in a ‘Study of Reprisal and 

5 Chilling Effect for Raising Mission-Related Concerns and 

6 Differing Views at the Nuclear Regulatory Commission’ ’’ 

7 and dated June 19, 2018 (ADAMS Accession No.: 

8 ML18165A296). 


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Union Calendar No. 717 

115TH CONGRESS 

2D SESSION H. R. 1320 

[Report No. 115–924] 

A BILL 

To amend the Omnibus Budget Reconciliation Act 

purposes. sion user fees and annual charges, and for other of 1990 related to Nuclear Regulatory CommisSEPTEMBER 7, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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