IIB 
115TH CONGRESS 
2D SESSION 
H. R. 1320 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 26, 2018 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
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 Representa-
tives of the United States of America in Congress assembled, 
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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 2020. 
(a) IN GENERAL.—Section 6101(c)(2)(A) of the Om-
nibus 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 activi-
ties related to the development of a regu-
latory infrastructure for advanced nuclear 
reactor technologies (which may not exceed 
$10,300,000).’’. 
(b) REPEAL.—Effective October 1, 2020, 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(42 U.S.C. 2214) is repealed.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 
2021 AND EACH FISCAL YEAR THEREAFTER. 
(a) ANNUAL BUDGET JUSTIFICATION.— 
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(1) IN GENERAL.—In the annual budget jus-
tification submitted by the Commission to Congress, 
the Commission shall expressly identify anticipated 
expenditures necessary for completion of the re-
quested activities of the Commission anticipated to 
occur during the applicable fiscal year. 
(2) RESTRICTION.—The Commission shall, to 
the maximum extent practicable, use any funds 
made available to the Commission for a fiscal year 
for the anticipated expenditures identified under 
paragraph (1) for the fiscal year. 
(3) LIMITATION
ON
CORPORATE
SUPPORT 
COSTS.—With respect to the annual budget justifica-
tion submitted to Congress, corporate support costs, 
to the maximum extent practicable, shall not exceed 
the following percentages of the total budget author-
ity of the Commission requested in the annual budg-
et justification: 
(A) 30 percent for each of fiscal years 
2021 and 2022. 
(B) 29 percent for each of fiscal years 
2023 and 2024. 
(C) 28 percent for fiscal year 2025 and 
each fiscal year thereafter. 
(b) FEES AND CHARGES.— 
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(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 max-
imum extent practicable, the amount assessed 
and collected is equal to an amount that ap-
proximates— 
(i) the total budget authority of the 
Commission for that fiscal year; less 
(ii) the budget authority of the Com-
mission for the activities described in sub-
paragraph (B). 
(B) EXCLUDED ACTIVITIES DESCRIBED.— 
The activities referred to in subparagraph 
(A)(ii) are the following: 
(i) Any fee-relief activity, as identified 
by the Commission. 
(ii) Amounts appropriated for the fis-
cal 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)); 
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(II) for implementation of section 
3116 of the Ronald W. Reagan Na-
tional 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 En-
ergy 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 the partnership program 
with institutions of higher education 
established under section 244 of the 
Atomic Energy Act of 1954 (42 
U.S.C. 2015c); and 
(VI) for the scholarship and fel-
lowship programs under section 243 
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of the Atomic Energy Act of 1954 (42 
U.S.C. 2015b). 
(iii) Costs for activities related to the 
development of regulatory infrastructure 
for advanced nuclear reactor technologies 
(which may not exceed $10,300,000). 
(C) EXCEPTION.—The exclusion described 
in subparagraph (B)(iii) shall cease to be effec-
tive on January 1, 2026. 
(D) REPORT.—Not later than December 
31, 2023, the Commission shall submit to the 
Committee on Appropriations and the Com-
mittee 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 de-
scribing the views of the Commission on the 
continued appropriateness and necessity of 
funding for the activities described in subpara-
graph (B)(iii). 
(2) FEES FOR SERVICE OR THING OF VALUE.— 
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 
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(ii) FUEL FACILITIES.— 
(I) IN GENERAL.—The total an-
nual charges under subparagraph (A) 
charged to fuel facility licensees, to 
the maximum extent practicable, shall 
not exceed an amount that is equal to 
the total annual fees collected from 
the fuel facilities class under the final 
rule of the Commission entitled ‘‘Revi-
sion of Fee Schedules; Fee Recovery 
for Fiscal Year 2016’’ (81 Fed Reg. 
41171 
(June 
24, 
2016)), 
which 
amount 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) EXCEPTION.—Subclause (I) 
shall not apply if the number of li-
censed facilities classified by the Com-
mission as fuel facilities exceeds 
seven. 
(III) 
CHANGES
TO
ANNUAL 
CHARGES.—Any change in an annual 
charge 
under 
subparagraph 
(A) 
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charged to a fuel facility licensee shall 
be based on— 
(aa) a change in the regu-
latory services provided with re-
spect to the fuel facility; or 
(bb) 
an 
adjustment 
de-
scribed in subclause (I). 
(iii) WAIVER.—The Commission may 
waive, for a period of 1 year, the cap on 
annual charges described in clause (i) or 
(ii) if the Commission submits to the Com-
mittee on Appropriations and the Com-
mittee on Environment and Public Works 
of the Senate and the Committee on Ap-
propriations and the Committee on Energy 
and Commerce of the House of Represent-
atives a written determination that the cap 
on annual charges may compromise the 
safety and security mission of the Commis-
sion. 
(C) AMOUNT PER LICENSEE.— 
(i) IN
GENERAL.—The Commission 
shall establish by rule a schedule of annual 
charges fairly and equitably allocating the 
aggregate amount of charges described in 
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clause (ii) among licensees and certificate 
holders. 
(ii) AGGREGATE AMOUNT.—For pur-
poses of this subparagraph, the aggregate 
amount of charges for a fiscal year shall 
equal an amount that approximates— 
(I) the amount to be collected 
under paragraph (1)(A) for the fiscal 
year; less 
(II) the amount of fees to be col-
lected under paragraph (2) for the fis-
cal year. 
(iii) REQUIREMENT.—The schedule of 
charges under clause (i)— 
(I) to the maximum extent prac-
ticable, shall be reasonably related to 
the cost of providing regulatory serv-
ices; and 
(II) may be based on the alloca-
tion of the resources of the Commis-
sion among licensees or certificate 
holders or classes of licensees or cer-
tificate holders. 
(D) EXEMPTION.—Subparagraph (A) shall 
not apply to the holder of any license for a fed-
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erally owned research reactor used primarily for 
educational training and academic research pur-
poses. 
(c) PERFORMANCE AND REPORTING.— 
(1) IN GENERAL.—The Commission shall de-
velop for the requested activities of the Commis-
sion— 
(A) performance metrics; and 
(B) milestone schedules. 
(2) DELAYS
IN
ISSUANCE
OF
FINAL
SAFETY 
EVALUATION.—If the final safety evaluation for a 
requested activity of the Commission is not com-
pleted by the completion date required by the per-
formance metrics or milestone schedule under para-
graph (1), the Executive Director for Operations of 
the Commission shall, not later than 30 days after 
such required completion date, inform the Commis-
sion of the delay. 
(3) DELAYS
IN
ISSUANCE
OF
FINAL
SAFETY 
EVALUATION EXCEEDING 180 DAYS.—If a final safe-
ty evaluation described in paragraph (2) is not com-
pleted by the date that is 180 days after the comple-
tion date required by the performance metrics or 
milestone schedule under paragraph (1), the Com-
mission shall submit to the Committee on Environ-
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ment and Public Works of the Senate and the Com-
mittee on Energy and Commerce of the House of 
Representatives 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 charged under subsection (b)(2), the Commission 
shall— 
(1) ensure appropriate review and approval 
prior to the issuance of invoices; 
(2) develop and implement processes to audit 
invoices to ensure accuracy, transparency, and fair-
ness; and 
(3) modify regulations to ensure fair and appro-
priate processes to provide licensees and applicants 
an opportunity to efficiently dispute or otherwise 
seek review and correction of errors in invoices for 
such fees. 
(e) REPORT.—Not later than September 30, 2022, 
the Commission shall submit to the Committee on Appro-
priations and the Committee on Environment and Public 
Works of the Senate and the Committee on Appropria-
tions and the Committee on Energy and Commerce of the 
House of Representatives a report describing the imple-
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mentation of this section, including any effects of such im-
plementation 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 de-
fined in sections 50.2 and 52.1 of title 10, Code of 
Federal Regulations), with significant improvements 
compared to commercial nuclear reactors under con-
struction as of the date of enactment of this Act, in-
cluding 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) COMMISSION.—The term ‘‘Commission’’ 
means the Nuclear Regulatory Commission. 
(3) CORPORATE
SUPPORT
COSTS.—The term 
‘‘corporate support costs’’ means expenditures for 
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