I 
117TH CONGRESS 
2D SESSION 
H. R. 9045 
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 
SEPTEMBER 29, 2022 
Mr. DONALDS (for himself, Mr. FLEISCHMANN, Mr. BIGGS, Mr. BUDD, Mr. 
CARTER of Georgia, Ms. MACE, Mr. LATTA, Mr. BISHOP of North Caro-
lina, Mr. ROSE, Ms. SALAZAR, and Mr. ROY) 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 Representa-
tives 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’’. 
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SEC. 2. SMALL BUSINESS ASSISTANCE. 
(a) IN GENERAL.—Section 102(b) of the Nuclear En-
ergy 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 para-
graph, 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 construc-
tion 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 
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52.103(g) of title 10, Code of Federal Reg-
ulations (or any successor regulations) for 
the combined license is made; or 
‘‘(iii) any appropriate period of time 
that begins on the date a covered applica-
tion is docketed, as determined by the 
Commission, under the framework devel-
oped in accordance with section 103(a)(4). 
‘‘(C) COLLECTION OF DELAYED FEES.— 
‘‘(i) DEFAULT
COLLECTION
PLAN.— 
For any fees the collection of which is de-
layed 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 re-
quired under section 52.103(g) of 
title 10, Code of Federal Regula-
tions (or any successor regula-
tions), for a combined license; or 
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‘‘(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 ap-
plication within 5 years after the date 
such eligible owner provides a formal 
response to the RIS–20–02, the Com-
mission shall collect, from such eligi-
ble owner, 25 percent of any fees the 
collection of which is delayed pursuant 
to subparagraph (A) beginning on a 
date the Commission determines ap-
propriate and annually thereafter for 
a period of 4 years. 
‘‘(II) EXCEPTION.—If an eligible 
owner described in subclause (I) sub-
mits an applicable covered application 
within the 4-year period described in 
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subclause (I), the Commission shall 
collect, from such eligible owner, any 
fees the collection of which is delayed 
pursuant to subparagraph (A) in ac-
cordance with clause (i). 
‘‘(iii) DENIED APPLICATION.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), in the event that a cov-
ered application submitted by an eligi-
ble 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 sub-
paragraph (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) sub-
mits or resubmits a covered applica-
tion within 1 year of the original de-
nial is issued, the Commission shall 
collect, from such eligible owner, any 
fees the collection of which is delayed 
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pursuant to subparagraph (A) or (B) 
in accordance with clause (i). 
‘‘(D) EXCLUDED ACTIVITY FROM COST-RE-
COVERY
REQUIREMENT.—Any fees the collec-
tion of which is delayed pursuant to this para-
graph 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 pro-
viding 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 Appro-
priations and the Committee on En-
ergy and Commerce of the House of 
Representatives; and 
‘‘(II) the Committee on Appro-
priations and the Committee on Envi-
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ronment 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 con-
struction 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 appli-
cation, to be submitted to the Commission, 
for a construction permit, operating li-
cense, or a combined license, for an ad-
vanced nuclear reactor. 
‘‘(v) ELIGIBLE
OWNER.—The term 
‘eligible owner’ means an owner of a small 
business that— 
‘‘(I) seeks to engage in the re-
search, development, and deployment 
of an advanced nuclear reactor; and 
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‘‘(II) has submitted a response to 
the RIS–20–02. 
‘‘(vi) 
OPERATING
LICENSE.—The 
term ‘operating license’ means an oper-
ating license described in and issued under 
part 50 of title 10, Code of Federal Regu-
lations (or any successor regulations). 
‘‘(vii) RIS–20–02.—The term ‘RIS– 
20–02’ means the NRC Regulatory Issue 
Summary 2020–02 published by the Nu-
clear 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 Mod-
ernization 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).’’. 
Æ 
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