Nuclear Assistance for America’s Small Businesses Act

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1007 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1007

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.


_______________________________________________________________________


                    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.

    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 Assistance for America's 
Small Businesses Act''.

SEC. 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).''.
                                 &lt;all&gt;
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