I 

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. 

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 ‘‘Advanced Reactor Fee 

5 Reduction Act’’. 


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1 SEC. 2. FEES FOR ADVANCED NUCLEAR REACTOR APPLICA2 TION REVIEW. 

3 (a) DEFINITIONS.—Section 3 of the Nuclear Energy 

4 Innovation and Modernization Act (42 U.S.C. 2215 note; 

5 Public Law 115–439) is amended— 

6 (1) by redesignating paragraphs (2) through 

7 (15) as paragraphs (3), (5), (7), (8), (9), (10), (11), 

8 (14), (15), (16), (17), (18), (19), and (20), respec9 tively; 

10 (2) by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) ADVANCED NUCLEAR REACTOR APPLI13 CANT.—The term ‘advanced nuclear reactor appli14 cant’ means an entity that has submitted to the 

15 Commission an application for a license for an ad16 vanced nuclear reactor under the Atomic Energy Act 

17 of 1954 (42 U.S.C. 2011 et seq.).’’; 

18 (3) by inserting after paragraph (3) (as so re19 designated) the following: 

20 ‘‘(4) ADVANCED NUCLEAR REACTOR

21 PREAPPLICANT.—The term ‘advanced nuclear reac22 tor preapplicant’ means an entity that has submitted 

23 to the Commission a licensing project plan for the 

24 purposes of submitting a future application for a li25 cense for an advanced nuclear reactor under the 


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1 Atomic Energy Act of 1954 (42 U.S.C. 2011 et 

2 seq.).’’. 

3 (4) by inserting after paragraph (5) (as so re4 designated) the following: 

5 ‘‘(6) AGENCY SUPPORT.—The term ‘agency 

6 support’ has the meaning given the term ‘agency 

7 support (corporate support and the IG)’ in section 

8 170.3 of title 10, Code of Federal Regulations (or 

9 any successor regulation).’’; and 

10 (5) by inserting after paragraph (11) (as so re11 designated) the following: 

12 ‘‘(12) MISSION-DIRECT PROGRAM SALARIES

13 AND BENEFITS.—The term ‘mission-direct program 

14 salaries and benefits’ has the meaning given such 

15 term in section 170.3 of title 10, Code of Federal 

16 Regulations (or any successor regulation). 

17 ‘‘(13) MISSION-INDIRECT PROGRAM SUPPORT.— 

18 The term ‘mission-indirect program support’ has the 

19 meaning given such term in section 170.3 of title 10, 

20 Code of Federal Regulations (or any successor regu21 lation).’’. 

22 (b) EXCLUDED ACTIVITIES.—Section 102(b)(1)(B) 

23 of the Nuclear Energy Innovation and Modernization Act 

24 (42 U.S.C. 2215(b)(1)(B)) is amended by adding at the 

25 end the following: 


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1 ‘‘(iv) The total costs of mission-indi2 rect program support and agency support 

3 that, under paragraph (2)(B)(ii), may not 

4 be included in the professional hourly rate 

5 charged for fees assessed and collected 

6 from advanced nuclear reactor applicants. 

7 ‘‘(v) The total costs of mission-indi8 rect program support and agency support 

9 that, under paragraph (2)(C)(ii), may not 

10 be included in the professional hourly rate 

11 charged for fees assessed and collected 

12 from advanced nuclear reactor 

13 preapplicants.’’. 

14 (c) FEES FOR SERVICE OR THING OF VALUE.—Sec15 tion 102(b) of the Nuclear Energy Innovation and Mod16 ernization Act (42 U.S.C. 2215(b)) is amended by striking 

17 paragraph (2) and inserting the following: 

18 ‘‘(2) FEES FOR SERVICE OR THING OF

19 VALUE.— 

20 ‘‘(A) IN GENERAL.—In accordance with 

21 section 9701 of title 31, United States Code, 

22 the Commission shall assess and collect fees 

23 from any person who receives a service or thing 

24 of value from the Commission to cover the costs 


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1 to the Commission of providing the service or 

2 thing of value. 

3 ‘‘(B) ADVANCED NUCLEAR REACTOR AP4 PLICANTS.—The professional hourly rate 

5 charged for fees assessed and collected from an 

6 advanced nuclear reactor applicant under this 

7 paragraph relating to the review of a submitted 

8 application for an advanced nuclear reactor may 

9 not— 

10 ‘‘(i) exceed the professional hourly 

11 rate for mission-direct program salaries 

12 and benefits of the Nuclear Reactor Safety 

13 Program; and 

14 ‘‘(ii) include the costs of mission-indi15 rect program support and agency support. 

16 ‘‘(C) ADVANCED NUCLEAR REACTOR

17 PREAPPLICANTS.—The professional hourly rate 

18 charged for fees assessed and collected from an 

19 advanced nuclear reactor preapplicant under 

20 this paragraph relating to the review of sub21 mitted materials as described in the licensing 

22 project plan of such advanced nuclear reactor 

23 preapplicant may not— 

24 ‘‘(i) exceed the professional hourly 

25 rate for mission-direct program salaries 


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1 and benefits of the Nuclear Reactor Safety 

2 Program; and 

3 ‘‘(ii) include the costs of mission-indi4 rect program support and agency support. 

5 ‘‘(D) CALCULATION OF HOURLY RATE.—In 

6 this paragraph, the professional hourly rate for 

7 mission-direct program salaries and benefits of 

8 the Nuclear Reactor Safety Program equals the 

9 quotient obtained by dividing— 

10 ‘‘(i) the full-time equivalent rate 

11 (within the meaning of the document of 

12 the Commission entitled ‘FY 2023 Final 

13 Fee Rule Work Papers’ (or a successor 

14 document)) for mission-direct program sal15 aries and benefits of the Nuclear Reactor 

16 Safety Program (as determined by the 

17 Commission) for a fiscal year; by 

18 ‘‘(ii) the productive hours assumption 

19 for that fiscal year, determined in accord20 ance with the formula established in the 

21 document referred to in clause (i) (or a 

22 successor document).’’. 

23 (d) SUNSET.—Section 102 of the Nuclear Energy In24 novation and Modernization Act (42 U.S.C. 2215) is 

25 amended by adding at the end the following: 


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1 ‘‘(g) CESSATION OF EFFECTIVENESS.—Paragraphs 

2 (1)(B)(v) and (2)(C) of subsection (b) shall cease to be 

3 effective on September 30, 2029.’’. 

4 (e) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on October 1, 2024. 

Æ 


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