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(42 U.S.C. 2214) is repealed.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.—
(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.—
(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));
(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
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
the Commission of providing the service or thing of 
value. 
(3) ANNUAL CHARGES.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B) and except as provided in subpara-
graph (D), the Commission may charge to any 
licensee or certificate holder of the Commission 
an annual charge in addition to the fees set 
forth in paragraph (2). 
(B) CAP ON ANNUAL CHARGES OF CER-
TAIN LICENSEES.— 
(i) OPERATING REACTORS.—The an-
nual charge under subparagraph (A) 
charged to an operating reactor licensee, to 
the maximum extent practicable, shall not 
exceed the annual fee amount per oper-
ating reactor licensee established in the 
final rule of the Commission entitled ‘‘Re-
vision of Fee Schedules; Fee Recovery for 
Fiscal Year 2015’’ (80 Fed. Reg. 37432 
(June 30, 2015)), as may be adjusted an-
nually by the Commission to reflect 
changes in the Consumer Price Index pub-
lished by the Bureau of Labor Statistics of 
the Department of Labor.
(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)
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
acquisitions, administrative services, financial man-
agement, human resource management, information 
management, information technology, policy support, 
outreach, and training. 
(4) RESEARCH REACTOR.—The term ‘‘research 
reactor’’ means a nuclear reactor that— 
(A) 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 
(B) if so licensed for operation at a ther-
mal power level of more than 1 megawatt, does 
not contain— 
(i) a circulating loop through the core 
in which the licensee conducts fuel experi-
ments; 
(ii) a liquid fuel loading; or 
(iii) an experimental facility in the 
core in excess of 16 square inches in cross- 
section. 
(5) REQUESTED
ACTIVITY
OF
THE
COMMIS-
SION.—The term ‘‘requested activity of the Commis-
sion’’ 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 li-
censee or applicant. 
(g) EFFECTIVE DATE.—This section takes effect on 
October 1, 2020. 
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 shall transmit to Con-
gress a report containing the results of a study on the 
feasibility and implications of repealing restrictions under 
sections 103 d. and 104 d. of the Atomic Energy Act of 
1954 (42 U.S.C. 2133(d); 2134(d)) on issuing licenses for 
certain nuclear facilities to an alien or an entity owned, 
controlled, or dominated by an alien, a foreign corpora-
tion, 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 shall transmit to Con-
gress a report containing the results of a study on the 
effects of eliminating the hearings required under section 
189 a. of the Atomic Energy Act of 1954 (42 U.S.C. 
2239(a)) for an application under section 103 or section 
104 b. of such Act for a construction permit for a facility 
in the absence of a request of any person whose interest 
may be affected by the proceeding. 
SEC. 6. INFORMAL HEARING 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 fol-
lowing: 
‘‘(3) The Commission may use informal adjudicatory 
procedures for any hearing required under this section for 
which the Commission determines that adjudicatory proce-
dures under section 554 of title 5, United States Code, 
are unnecessary.’’. 
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 fol-
lowing:
‘‘c. APPLICATION REVIEWS FOR NUCLEAR ENERGY 
PROJECTS.— 
‘‘(1) STREAMLINING LICENSE APPLICATION RE-
VIEW.—With respect to an application that is dock-
eted seeking issuance of a construction permit, oper-
ating license, or combined construction permit and 
operating license for a production or utilization facil-
ity, the Commission shall include the following pro-
cedures: 
‘‘(A) Undertake an environmental review 
process and issue any draft environmental im-
pact statement to the maximum extent prac-
ticable 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 to the 
maximum extent practicable within 42 months 
after the application is accepted for docketing. 
‘‘(2) EARLY SITE PERMIT.— 
‘‘(A) SUPPLEMENTAL ENVIRONMENTAL IM-
PACT STATEMENT.—In a proceeding for a com-
bined construction permit and operating license 
for a site for which an early site permit has 
been issued, any environmental impact state-
ment prepared by the Commission and cooper-
ating agencies shall be prepared as a supple-
ment to the environmental impact statement 
prepared for the early site permit. 
‘‘(B) INCORPORATION
BY
REFERENCE.— 
The supplemental environmental impact state-
ment shall— 
‘‘(i) incorporate by reference the anal-
ysis, findings, and conclusions from the en-
vironmental impact statement prepared for 
the early site permit; and 
‘‘(ii) include additional discussion, 
analyses, findings, and conclusions on mat-
ters resolved in the early site permit pro-
ceeding only to the extent necessary to ad-
dress information that is new and signifi-
cant in that the information would materi-
ally change the prior findings or conclu-
sions. 
‘‘(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 uti-
lization facility located at the site of a licensed pro-
duction 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) REGULATIONS.—The Commission shall 
initiate a rulemaking, not later than 1 year after the 
date of enactment of the Nuclear Utilization of Key-
note Energy Act, to amend the regulations of the 
Commission to implement this subsection. 
‘‘(5) ENVIRONMENTAL IMPACT STATEMENT DE-
FINED.—In this subsection, the term ‘environmental 
impact statement’ means a detailed statement re-
quired under section 102(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332(C)). 
‘‘(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. REPORT IDENTIFYING BEST PRACTICES FOR ES-
TABLISHMENT AND OPERATION OF LOCAL 
COMMUNITY ADVISORY BOARDS. 
(a) BEST PRACTICES REPORT.—Not later than 18 
months after the date of enactment of this Act, the Nu-
clear Regulatory Commission shall submit to Congress,
(D) how such a board could offer opportu-
nities for public engagement throughout all 
phases of the decommissioning process; 
(2) a discussion of the composition of a local 
community advisory board; and 
(3) best practices relating to the establishment 
and operation of a local community advisory board, 
including— 
(A) the time of establishment of such a 
board; 
(B) the frequency of meetings of such a 
board; 
(C) the selection of board members; 
(D) the term of board members; 
(E) the responsibility for logistics required 
to support such a board’s meetings and other 
routine activities; and 
(F) any other best practices relating to 
such a local community advisory board that are 
identified by the Commission. 
(c) CONSULTATION.—In developing the report de-
scribed in subsection (a), the Nuclear Regulatory Commis-
sion shall consult with any host State, any community 
within the emergency planning zone of an applicable nu-
clear facility, and any existing local community advisory 
board. 
SEC. 9. REPORT ON STUDY RECOMMENDATIONS. 
Not later than 90 days after the date of enactment 
of this Act, the Nuclear Regulatory Commission shall sub-
mit to Congress a report on the status of addressing and 
implementing the recommendations contained in the 
memorandum of the Executive Director of Operations of 
the Commission entitled ‘‘Tasking in Response to the As-
sessment of the Considerations Identified in a ‘Study of 
Reprisal and Chilling Effect for Raising Mission-Related 
Concerns and Differing Views at the Nuclear Regulatory 
Commission’ ’’ and dated June 19, 2018 (ADAMS Acces-
sion No.: ML18165A296). 
Passed the House of Representatives September 25, 
2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 1320 
AN ACT 
To amend the Omnibus Budget Reconciliation Act 
of 1990 related to Nuclear Regulatory Commis-
sion user fees and annual charges, and for other 
purposes.