(3) in a manner that ensures that, to the max-
imum extent practicable, the amount collected 
is equal to an amount that approximates— 
(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) An activity not attributable to an 
existing NRC licensee or class of licensee 
as identified by the Commission in Table 
III of the final rule of the Commission en-
titled ‘‘Revision of Fee Schedules; Fee Re-
covery for Fiscal Year 2016’’ (81 Fed. 
Reg. 41171 (June 24, 2016)). 
(ii) Amounts appropriated for a fiscal 
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)); 
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
(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 research and development 
at universities in areas relevant to the 
mission of the applicable university; 
(VI) for a nuclear science and en-
gineering grant program that will sup-
port multiyear projects that do not 
align with programmatic missions but 
are critical to maintaining the dis-
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
cipline of nuclear science and engi-
neering; and 
(VII) for any other fee-relief ac-
tivity described in the final rule of the 
Commission entitled ‘‘Revision of Fee 
Schedules; Fee Recovery for Fiscal 
Year 2016’’ (81 Fed. Reg. 41171 
(June 24, 2016)). 
(iii) Costs for activities related to the 
development of regulatory infrastructure 
for advanced nuclear reactor technologies. 
(C) EXCEPTION.—The exclusion described 
in subparagraph (B)(iii) shall cease to be effec-
tive on January 1, 2031. 
(D) REPORT.—Not later than December 
31, 2029, 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 the 
funding described in subparagraph (B)(iii). 
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
(2) FEES FOR SERVICE OR THING OF VALUE.— 
In accordance with section 9701 of title 31, United 
States Code, the Commission shall charge fees to 
any person who receives a service or thing of value 
from the Commission to cover the costs to the Com-
mission of providing the service or thing of value. 
(3) ANNUAL FEES.— 
(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 fee. 
(B) CAP ON ANNUAL FEES OF CERTAIN LI-
CENSEES.— 
(i) IN
GENERAL.—The annual fee 
under subparagraph (A) charged to an op-
erating reactor licensee, to the maximum 
extent practicable, shall not exceed the an-
nual fee amount per operating reactor li-
censee established in the final rule of the 
Commission entitled ‘‘Revision of Fee 
Schedules; Fee Recovery for Fiscal Year 
2016’’ (81 Fed. Reg. 41171 (June 24, 
2016)), as may be adjusted annually by 
the Commission to reflect changes in the 
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
Consumer Price Index published by the 
Bureau of Labor Statistics of the Depart-
ment of Labor. 
(ii) WAIVER.—The Commission may 
waive, for a period of 1 year, the cap on 
annual fees described in clause (i) if the 
Commission submits to the Committee on 
Appropriations and the Committee on En-
vironment and Public Works of the Senate 
and the Committee on Appropriations and 
the Committee on Energy and Commerce 
of the House of Representatives a written 
determination that the cap on annual fees 
may compromise the safety and security 
mission of the Commission. 
(C) AMOUNT PER LICENSEE.— 
(i) IN
GENERAL.—The Commission 
shall establish by rule a schedule of fees 
fairly and equitably allocating the aggre-
gate amount of charges described in sub-
paragraph (A) among licensees and certifi-
cate holders. 
(ii) REQUIREMENT.—The schedule of 
fees under clause (i)— 
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
(I) to the maximum extent prac-
ticable, shall be based on the cost of 
providing regulatory services; 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.— 
(i) DEFINITION OF RESEARCH REAC-
TOR.—In this subparagraph, the term ‘‘re-
search reactor’’ means a nuclear reactor 
that— 
(I) 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 
(II) if licensed under subclause 
(I) for operation at a thermal power 
level of more than 1 megawatt, does 
not contain— 
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
(aa) 
a 
circulating 
loop 
through the core in which the li-
censee conducts fuel experiments; 
(bb) a liquid fuel loading; or 
(cc) an experimental facility 
in the core in excess of 16 square 
inches in cross-section. 
(ii) EXEMPTION.—Subparagraph (A) 
shall not apply to the holder of any license 
for a federally owned research reactor used 
primarily for educational training and aca-
demic research purposes. 
(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) on each request, milestone schedules. 
(2) DELAYS
IN
ISSUANCE
OF
FINAL
SAFETY 
EVALUATION.—The Executive Director for Oper-
ations of the Commission shall inform the Commis-
sion of a delay in issuance of the final safety evalua-
tion for a requested activity of the Commission by 
the completion date required by the performance 
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
metrics or milestone schedule under paragraph (1) 
by not later than 30 days after the completion date. 
(3) DELAYS
IN
ISSUANCE
OF
FINAL
SAFETY 
EVALUATION
EXCEEDING
180
DAYS.—If the final 
safety evaluation for the requested activity of the 
Commission 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 appropriate congres-
sional committees 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 and charges described in subsection (b)(2), the 
Commission shall— 
(1) ensure appropriate management review and 
concurrence 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 
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
seek review and correction of errors in invoices for 
fees and charges. 
(e) REPORT.—Not later than September 30, 2021, 
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-
mentation of this section, including any impacts and rec-
ommendations 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; 
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
(F) increased proliferation resistance; 
(G) increased thermal efficiency; or 
(H) ability to integrate into electric and 
nonelectric applications. 
(2) APPLICANT.—The term ‘‘applicant’’ means 
an applicant for a license, certification, permit, or 
other form of approval from the Commission for a 
commercial advanced nuclear reactor or a research 
and test reactor. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Environment and 
Public Works of the Senate and the Committee on 
Energy and Commerce of the House of Representa-
tives. 
(4) COMMISSION.—The term ‘‘Commission’’ 
means the Nuclear Regulatory Commission. 
(5) 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, as those categories are de-
scribed and calculated in Appendix A of the Con-
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS
gressional Budget Justification for Fiscal Year 2017 
of the Commission. 
(6) 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, 2019. 
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, in consultation with 
the Secretary of Energy, shall transmit to Congress a re-
port containing the results of a study on the feasibility 
and implications of repealing restrictions under sections 
103d. and 104d. of the Atomic Energy Act of 1954 on 
VerDate Sep 11 2014 
03:23 Mar 08, 2017
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1320.IH
H1320
SSpencer on DSK4SPTVN1PROD with BILLS