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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1320 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1320

   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

_______________________________________________________________________

                                 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.

    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 ``Nuclear Utilization of Keynote 
Energy Act''.

SEC. 2. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES 
              THROUGH FISCAL YEAR 2019.

    (a) In General.--Section 6101(c)(2)(A) of the Omnibus Budget 
Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
            (1) in clause (iii), by striking ``and'' at the end;
            (2) in clause (iv), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(v) amounts appropriated to the 
                        Commission for the fiscal year for activities 
                        related to the development of a regulatory 
                        framework for advanced nuclear reactor 
                        technologies.''.
    (b) Repeal.--Effective October 1, 2019, section 6101 of the Omnibus 
Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is repealed.

SEC. 3. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL CHARGES FOR 
              FISCAL YEAR 2020 AND EACH FISCAL YEAR THEREAFTER.

    (a) Annual Budget Justification.--
            (1) In general.--In the annual budget justification 
        submitted by the Commission to Congress, the Commission shall 
        expressly identify anticipated expenditures necessary for 
        completion of the requested activities of the Commission 
        anticipated to occur during the applicable fiscal year.
            (2) Restriction.--Budget authority granted to the 
        Commission for purposes of the requested activities of the 
        Commission shall be used, to the maximum extent practicable, 
        solely for conducting requested activities of the Commission.
            (3) Limitation on corporate support costs.--With respect to 
        the annual budget justification submitted to Congress, 
        corporate support costs, to the maximum extent practicable, 
        shall not exceed the following percentages of the total budget 
        authority of the Commission requested in the annual budget 
        justification:
                    (A) 30 percent for each of fiscal years 2020 and 
                2021.
                    (B) 29 percent for each of fiscal years 2022 and 
                2023.
                    (C) 28 percent for fiscal year 2024 and each fiscal 
                year thereafter.
    (b) Fees and Charges.--
            (1) Annual assessment.--
                    (A) In general.--Each fiscal year, the Commission 
                shall assess and collect fees and charges in accordance 
                with paragraphs (2) and (3) in a manner that ensures 
                that, to the maximum extent practicable, the amount 
                collected is equal to an amount that approximates--
                            (i) the total budget authority of the 
                        Commission for that fiscal year; less
                            (ii) the budget authority of the Commission 
                        for the activities described in subparagraph 
                        (B).
                    (B) Excluded activities described.--The activities 
                referred to in subparagraph (A)(ii) are the following:
                            (i) An activity not attributable to an 
                        existing NRC licensee or class of licensee as 
                        identified by the Commission in Table III of 
                        the final rule of the Commission entitled 
                        ``Revision of Fee Schedules; Fee Recovery for 
                        Fiscal Year 2016'' (81 Fed. Reg. 41171 (June 
                        24, 2016)).
                            (ii) Amounts appropriated for a fiscal year 
                        to the Commission--
                                    (I) from the Nuclear Waste Fund 
                                established under section 302(c) of the 
                                Nuclear Waste Policy Act of 1982 (42 
                                U.S.C. 10222(c));
                                    (II) for implementation of section 
                                3116 of the Ronald W. Reagan National 
                                Defense Authorization Act for Fiscal 
                                Year 2005 (50 U.S.C. 2601 note; Public 
                                Law 108-375);
                                    (III) for the homeland security 
                                activities of the Commission (other 
                                than for the costs of fingerprinting 
                                and background checks required under 
                                section 149 of the Atomic Energy Act of 
                                1954 (42 U.S.C. 2169) and the costs of 
                                conducting security inspections);
                                    (IV) for the Inspector General 
                                services of the Commission provided to 
                                the Defense Nuclear Facilities Safety 
                                Board;
                                    (V) for research and development at 
                                universities in areas relevant to the 
                                mission of the applicable university;
                                    (VI) for a nuclear science and 
                                engineering grant program that will 
                                support multiyear projects that do not 
                                align with programmatic missions but 
                                are critical to maintaining the 
                                discipline of nuclear science and 
                                engineering; and
                                    (VII) for any other fee-relief 
                                activity described in the final rule of 
                                the Commission entitled ``Revision of 
                                Fee Schedules; Fee Recovery for Fiscal 
                                Year 2016'' (81 Fed. Reg. 41171 (June 
                                24, 2016)).
                            (iii) Costs for activities related to the 
                        development of regulatory infrastructure for 
                        advanced nuclear reactor technologies.
                    (C) Exception.--The exclusion described in 
                subparagraph (B)(iii) shall cease to be effective on 
                January 1, 2031.
                    (D) Report.--Not later than December 31, 2029, the 
                Commission shall submit to the Committee on 
                Appropriations and the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Appropriations and the Committee on Energy and Commerce 
                of the House of Representatives a report describing the 
                views of the Commission on the continued 
                appropriateness and necessity of the funding described 
                in subparagraph (B)(iii).
            (2) Fees for service or thing of value.--In accordance with 
        section 9701 of title 31, United States Code, the Commission 
        shall charge fees to 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.
            (3) Annual fees.--
                    (A) In general.--Subject to subparagraph (B) and 
                except as provided in subparagraph (D), the Commission 
                may charge to any licensee or certificate holder of the 
                Commission an annual fee.
                    (B) Cap on annual fees of certain licensees.--
                            (i) In general.--The annual fee under 
                        subparagraph (A) charged to an operating 
                        reactor licensee, to the maximum extent 
                        practicable, shall not exceed the annual fee 
                        amount per operating reactor licensee 
                        established in the final rule of the Commission 
                        entitled ``Revision of Fee Schedules; Fee 
                        Recovery for Fiscal Year 2016'' (81 Fed. Reg. 
                        41171 (June 24, 2016)), as may be adjusted 
                        annually by the Commission to reflect changes 
                        in the Consumer Price Index published by the 
                        Bureau of Labor Statistics of the Department of 
                        Labor.
                            (ii) Waiver.--The Commission may waive, for 
                        a period of 1 year, the cap on annual fees 
                        described in clause (i) if the Commission 
                        submits to the Committee on Appropriations and 
                        the Committee on Environment and Public Works 
                        of the Senate and the Committee on 
                        Appropriations and the Committee on Energy and 
                        Commerce of the House of Representatives a 
                        written determination that the cap on annual 
                        fees may compromise the safety and security 
                        mission of the Commission.
                    (C) Amount per licensee.--
                            (i) In general.--The Commission shall 
                        establish by rule a schedule of fees fairly and 
                        equitably allocating the aggregate amount of 
                        charges described in subparagraph (A) among 
                        licensees and certificate holders.
                            (ii) Requirement.--The schedule of fees 
                        under clause (i)--
                                    (I) to the maximum extent 
                                practicable, shall be based on the cost 
                                of providing regulatory services; and
                                    (II) may be based on the allocation 
                                of the resources of the Commission 
                                among licensees or certificate holders 
                                or classes of licensees or certificate 
                                holders.
                    (D) Exemption.--
                            (i) Definition of research reactor.--In 
                        this subparagraph, the term ``research 
                        reactor'' means a nuclear reactor that--
                                    (I) is licensed by the Commission 
                                under section 104 c. of the Atomic 
                                Energy Act of 1954 (42 U.S.C. 2134(c)) 
                                for operation at a thermal power level 
                                of not more than 10 megawatts; and
                                    (II) if licensed under subclause 
                                (I) for operation at a thermal power 
                                level of more than 1 megawatt, does not 
                                contain--
                                            (aa) a circulating loop 
                                        through the core in which the 
                                        licensee conducts fuel 
                                        experiments;
                                            (bb) a liquid fuel loading; 
                                        or
                                            (cc) an experimental 
                                        facility in the core in excess 
                                        of 16 square inches in cross-
                                        section.
                            (ii) Exemption.--Subparagraph (A) shall not 
                        apply to the holder of any license for a 
                        federally owned research reactor used primarily 
                        for educational training and academic research 
                        purposes.
    (c) Performance and Reporting.--
            (1) In general.--The Commission shall develop for the 
        requested activities of the Commission--
                    (A) performance metrics; and
                    (B) on each request, milestone schedules.
            (2) Delays in issuance of final safety evaluation.--The 
        Executive Director for Operations of the Commission shall 
        inform the Commission of a delay in issuance of the final 
        safety evaluation for a requested activity of the Commission by 
        the completion date required by the performance metrics or 
        milestone schedule under paragraph (1) by not later than 30 
        days after the completion date.
            (3) Delays in issuance of final safety evaluation exceeding 
        180 days.--If the final safety evaluation for the requested 
        activity of the Commission described in paragraph (2) is not 
        completed by the date that is 180 days after the completion 
        date required by the performance metrics or milestone schedule 
        under paragraph (1), the Commission shall submit to the 
        appropriate congressional committees a timely report describing 
        the delay, including a detailed explanation accounting for the 
        delay and a plan for timely completion of the final safety 
        evaluation.
    (d) Accurate Invoicing.--With respect to invoices for fees and 
charges described in subsection (b)(2), the Commission shall--
            (1) ensure appropriate management review and concurrence 
        prior to the issuance of invoices;
            (2) develop and implement processes to audit invoices to 
        ensure accuracy, transparency, and fairness; and
            (3) modify regulations to ensure fair and appropriate 
        processes to provide licensees and applicants an opportunity to 
        efficiently dispute or otherwise seek review and correction of 
        errors in invoices for fees and charges.
    (e) Report.--Not later than September 30, 2021, the Commission 
shall submit to the Committee on Appropriations and the Committee on 
Environment and Public Works of the Senate and the Committee on 
Appropriations and the Committee on Energy and Commerce of the House of 
Representatives a report describing the implementation of this section, 
including any impacts and recommendations for improvement.
    (f) Definitions.--In this section:
            (1) Advanced nuclear reactor.--The term ``advanced nuclear 
        reactor'' means a nuclear fission or fusion reactor, including 
        a prototype plant (as defined in sections 50.2 and 52.1 of 
        title 10, Code of Federal Regulations), with significant 
        improvements compared to commercial nuclear reactors under 
        construction as of the date of enactment of this Act, including 
        improvements such as--
                    (A) additional inherent safety features;
                    (B) significantly lower levelized cost of 
                electricity;
                    (C) lower waste yields;
                    (D) greater fuel utilization;
                    (E) enhanced reliability;
                    (F) increased proliferation resistance;
                    (G) increased thermal efficiency; or
                    (H) ability to integrate into electric and 
                nonelectric applications.
            (2) Applicant.--The term ``applicant'' means an applicant 
        for a license, certification, permit, or other form of approval 
        from the Commission for a commercial advanced nuclear reactor 
        or a research and test reactor.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives.
            (4) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (5) Corporate support costs.--The term ``corporate support 
        costs'' means expenditures for acquisitions, administrative 
        services, financial management, human resource management, 
        information management, information technology, policy support, 
        outreach, and training, as those categories are described and 
        calculated in Appendix A of the Congressional Budget 
        Justification for Fiscal Year 2017 of the Commission.
            (6) Requested activity of the commission.--The term 
        ``requested activity of the Commission'' means--
                    (A) the processing of applications for--
                            (i) design certifications or approvals;
                            (ii) licenses;
                            (iii) permits;
                            (iv) license amendments;
                            (v) license renewals;
                            (vi) certificates of compliance; and
                            (vii) power uprates; and
                    (B) any other activity requested by a licensee or 
                applicant.
    (g) Effective Date.--This section takes effect on October 1, 2019.

SEC. 4. STUDY ON ELIMINATION OF FOREIGN LICENSING RESTRICTIONS.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General, in consultation with the Secretary of Energy, 
shall transmit to Congress a report containing the results of a study 
on the feasibility and implications of repealing restrictions under 
sections 103d. and 104d. of the Atomic Energy Act of 1954 on issuing 
licenses for certain nuclear facilities to an alien or an entity owned, 
controlled, or dominated by an alien, a foreign corporation, or a 
foreign government.

SEC. 5. STUDY ON THE IMPACT OF THE ELIMINATION OF MANDATORY HEARING FOR 
              UNCONTESTED LICENSING APPLICATIONS.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General, in consultation with the Secretary of Energy, 
shall transmit to Congress a report containing the results of a study 
on the impact of the elimination of mandatory hearings for uncontested 
licensing and construction permit applications under the Atomic Energy 
Act of 1954.

SEC. 6. INFORMAL HEARING PROCEDURES.

    (a) Procedures.--Section 189 a. of the Atomic Energy Act of 1954 
(42 U.S.C. 2239(a)) is amended by adding at the end the following:
    ``(3) Any hearing under this section shall be conducted using 
informal adjudicatory procedures in accordance with sections 553 and 
555 of title 5, United States Code, unless the Commission determines 
that formal adjudicatory procedures are necessary--
            ``(A) to develop a sufficient record; or
            ``(B) to achieve fairness.''.
    (b) Hearings on Licensing of Uranium Enrichment Facilities.--
Section 193 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2243(b)) is 
amended--
            (1) in paragraph (1), by striking ``on the record'' and all 
        that follows through ``and 63'' and inserting ``if a person the 
        interest of whom may be affected by the construction and 
        operation of a uranium enrichment facility under sections 53 
        and 63 has requested a hearing regarding the licensing of the 
        construction and operation of the facility''; and
            (2) in paragraph (2), by striking ``Such hearing'' and 
        inserting ``If a hearing is held under paragraph (1), the 
        hearing''.

SEC. 7. APPLICATION REVIEWS FOR NUCLEAR ENERGY PROJECTS.

    Section 185 of the Atomic Energy Act of 1954 (42 U.S.C. 2235) is 
amended by adding at the end the following:
    ``c. Application Reviews for Nuclear Energy Projects.--
            ``(1) Streamlining license application review.--With 
        respect to an application that is docketed seeking issuance of 
        a construction permit, operating license, or combined 
        construction permit and operating license for a production or 
        utilization facility, the Commission shall include the 
        following procedures:
                    ``(A) Undertake an expedited environmental review 
                process and issue any draft environmental impact 
                statement within 24 months after the application is 
                accepted for docketing.
                    ``(B) Complete the technical review process and 
                issue any safety evaluation report and any final 
                environmental impact statement within 42 months after 
                the application is accepted for docketing.
            ``(2) Early site permit.--
                    ``(A) Supplemental environmental impact 
                statement.--In a proceeding for a combined construction 
                permit and operating license for a site for which an 
                early site permit has been issued, any environmental 
                impact statement prepared by the Commission and 
                cooperating agencies shall be prepared as a supplement 
                to the environmental impact statement prepared for the 
                early site permit.
                    ``(B) Incorporation by reference.--The supplemental 
                environmental impact statement shall--
                            ``(i) incorporate by reference the 
                        analysis, findings, and conclusions from the 
                        environmental impact statement prepared for the 
                        early site permit; and
                            ``(ii) include additional discussion, 
                        analyses, findings, and conclusions on matters 
                        resolved in the early site permit proceeding 
                        only to the extent necessary to address 
                        information that is new and significant in that 
                        the information would materially change the 
                        prior findings or conclusions.
            ``(3) Production or utilization facility located at an 
        existing site.--In reviewing an application for an early site 
        permit, construction permit, operating license, or combined 
        construction permit and operating license for a production or 
        utilization facility located at the site of a licensed 
        production or utilization facility, the Commission shall, to 
        the extent practicable, use information that was part of the 
        licensing basis of the licensed production or utilization 
        facility.
            ``(4) Hearing on early site permit, construction permit, 
        and combined construction permit and operating license.--The 
        Commission shall issue and make immediately effective an early 
        site permit or construction permit for a production or 
        utilization facility upon finding that the application therefor 
        satisfies the requirements of this Act, notwithstanding the 
        pendency before the Commission of a request for a hearing. 
        Following completion of any required hearing, the Commission 
        shall take any appropriate action with respect to the early 
        site permit, construction permit, or combined construction 
        permit and operating license to the extent necessary to account 
        for the hearing results.
            ``(5) Regulations.--The Commission shall initiate a 
        rulemaking, to be completed 1 year after the date of enactment 
        of the Nuclear Utilization of Keynote Energy Act, to amend the 
        regulations of the Commission to implement this subsection.
            ``(6) Relationship to other law.--Nothing in this 
        subsection exempts the Commission from any requirement for full 
        compliance with section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.

SEC. 8. NUCLEAR REACTOR DECOMMISSIONING.

    (a) Rulemaking.--Chapter 14 of the Atomic Energy Act of 1954 (42 
U.S.C. 2201-2210i) is amended by adding at the end the following new 
section:
    ``Sec. 170J. Decommissioning Nuclear Reactor Rulemaking.--
    ``The Commission shall, not later than 90 days after the date of 
enactment of this section, initiate a rulemaking proceeding, including 
notice and opportunity for public comment, to be completed not later 
than 48 months after that date, to address the regulatory framework for 
decommissioning nuclear reactors licensed under section 103 or 104b.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
14 of the Atomic Energy Act of 1954 is amended by adding at the end the 
following new item:

``Sec. 170J. Decommissioning nuclear reactor rulemaking.''.
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