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 reac-
tor application reviews, 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 ‘‘Advanced Reactor Fee 
Reduction Act’’. 
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SEC. 2. FEES FOR ADVANCED NUCLEAR REACTOR APPLICA-
TION REVIEW. 
(a) DEFINITIONS.—Section 3 of the Nuclear Energy 
Innovation and Modernization Act (42 U.S.C. 2215 note; 
Public Law 115–439) is amended— 
(1) by redesignating paragraphs (2) through 
(15) as paragraphs (3), (5), (7), (8), (9), (10), (11), 
(14), (15), (16), (17), (18), (19), and (20), respec-
tively; 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ADVANCED
NUCLEAR
REACTOR
APPLI-
CANT.—The term ‘advanced nuclear reactor appli-
cant’ means an entity that has submitted to the 
Commission an application for a license for an ad-
vanced nuclear reactor under the Atomic Energy Act 
of 1954 (42 U.S.C. 2011 et seq.).’’; 
(3) by inserting after paragraph (3) (as so re-
designated) the following: 
‘‘(4) 
ADVANCED
NUCLEAR
REACTOR 
PREAPPLICANT.—The term ‘advanced nuclear reac-
tor preapplicant’ means an entity that has submitted 
to the Commission a licensing project plan for the 
purposes of submitting a future application for a li-
cense for an advanced nuclear reactor under the 
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Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.).’’. 
(4) by inserting after paragraph (5) (as so re-
designated) the following: 
‘‘(6) AGENCY
SUPPORT.—The term ‘agency 
support’ has the meaning given the term ‘agency 
support (corporate support and the IG)’ in section 
170.3 of title 10, Code of Federal Regulations (or 
any successor regulation).’’; and 
(5) by inserting after paragraph (11) (as so re-
designated) the following: 
‘‘(12) MISSION-DIRECT
PROGRAM
SALARIES 
AND BENEFITS.—The term ‘mission-direct program 
salaries and benefits’ has the meaning given such 
term in section 170.3 of title 10, Code of Federal 
Regulations (or any successor regulation). 
‘‘(13) MISSION-INDIRECT PROGRAM SUPPORT.— 
The term ‘mission-indirect program support’ has the 
meaning given such term in section 170.3 of title 10, 
Code of Federal Regulations (or any successor regu-
lation).’’. 
(b) EXCLUDED ACTIVITIES.—Section 102(b)(1)(B) 
of the Nuclear Energy Innovation and Modernization Act 
(42 U.S.C. 2215(b)(1)(B)) is amended by adding at the 
end the following: 
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‘‘(iv) The total costs of mission-indi-
rect program support and agency support 
that, under paragraph (2)(B)(ii), may not 
be included in the professional hourly rate 
charged for fees assessed and collected 
from advanced nuclear reactor applicants. 
‘‘(v) The total costs of mission-indi-
rect program support and agency support 
that, under paragraph (2)(C)(ii), may not 
be included in the professional hourly rate 
charged for fees assessed and collected 
from 
advanced 
nuclear 
reactor 
preapplicants.’’. 
(c) FEES FOR SERVICE OR THING OF VALUE.—Sec-
tion 102(b) of the Nuclear Energy Innovation and Mod-
ernization Act (42 U.S.C. 2215(b)) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) FEES
FOR
SERVICE
OR
THING
OF 
VALUE.— 
‘‘(A) IN
GENERAL.—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 
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to the Commission of providing the service or 
thing of value. 
‘‘(B) ADVANCED
NUCLEAR
REACTOR
AP-
PLICANTS.—The 
professional 
hourly 
rate 
charged for fees assessed and collected from an 
advanced nuclear reactor applicant under this 
paragraph relating to the review of a submitted 
application for an advanced nuclear reactor may 
not— 
‘‘(i) exceed the professional hourly 
rate for mission-direct program salaries 
and benefits of the Nuclear Reactor Safety 
Program; and 
‘‘(ii) include the costs of mission-indi-
rect program support and agency support. 
‘‘(C) 
ADVANCED
NUCLEAR
REACTOR 
PREAPPLICANTS.—The professional hourly rate 
charged for fees assessed and collected from an 
advanced nuclear reactor preapplicant under 
this paragraph relating to the review of sub-
mitted materials as described in the licensing 
project plan of such advanced nuclear reactor 
preapplicant may not— 
‘‘(i) exceed the professional hourly 
rate for mission-direct program salaries 
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and benefits of the Nuclear Reactor Safety 
Program; and 
‘‘(ii) include the costs of mission-indi-
rect program support and agency support. 
‘‘(D) CALCULATION OF HOURLY RATE.—In 
this paragraph, the professional hourly rate for 
mission-direct program salaries and benefits of 
the Nuclear Reactor Safety Program equals the 
quotient obtained by dividing— 
‘‘(i) the full-time equivalent rate 
(within the meaning of the document of 
the Commission entitled ‘FY 2023 Final 
Fee Rule Work Papers’ (or a successor 
document)) for mission-direct program sal-
aries and benefits of the Nuclear Reactor 
Safety Program (as determined by the 
Commission) for a fiscal year; by 
‘‘(ii) the productive hours assumption 
for that fiscal year, determined in accord-
ance with the formula established in the 
document referred to in clause (i) (or a 
successor document).’’. 
(d) SUNSET.—Section 102 of the Nuclear Energy In-
novation and Modernization Act (42 U.S.C. 2215) is 
amended by adding at the end the following: 
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‘‘(g) CESSATION OF EFFECTIVENESS.—Paragraphs 
(1)(B)(v) and (2)(C) of subsection (b) shall cease to be 
effective on September 30, 2029.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2024. 
Æ 
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