[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1007 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1007
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
February 14, 2023
Mr. Donalds (for himself, Mr. Fleischmann, Ms. Salazar, Mr. Nehls, Mr.
Bishop of North Carolina, Mr. Weber of Texas, and Ms. Mace) 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 Representatives 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''.
SEC. 2. SMALL BUSINESS ASSISTANCE.
(a) In General.--Section 102(b) of the Nuclear Energy 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 paragraph, 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 construction
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 52.103(g) of title 10,
Code of Federal Regulations (or any successor
regulations) for the combined license is made;
or
``(iii) any appropriate period of time that
begins on the date a covered application is
docketed, as determined by the Commission,
under the framework developed in accordance
with section 103(a)(4).
``(C) Collection of delayed fees.--
``(i) Default collection plan.--For any
fees the collection of which is delayed
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
required under section
52.103(g) of title 10, Code of
Federal Regulations (or any
successor regulations), for a
combined license; or
``(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 application within 5 years
after the date such eligible owner
provides a formal response to the RIS-
20-02, the Commission shall collect,
from such eligible owner, 25 percent of
any fees the collection of which is
delayed pursuant to subparagraph (A)
beginning on a date the Commission
determines appropriate and annually
thereafter for a period of 4 years.
``(II) Exception.--If an eligible
owner described in subclause (I)
submits an applicable covered
application within the 4-year period
described in subclause (I), the
Commission shall collect, from such
eligible owner, any fees the collection
of which is delayed pursuant to
subparagraph (A) in accordance with
clause (i).
``(iii) Denied application.--
``(I) In general.--Subject to
subclause (II), in the event that a
covered application submitted by an
eligible 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 subparagraph (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)
submits or resubmits a covered
application within 1 year of the
original denial is issued, the
Commission shall collect, from such
eligible owner, any fees the collection
of which is delayed pursuant to
subparagraph (A) or (B) in accordance
with clause (i).
``(iv) Withdrawn or temporarily suspended
covered applications.--
``(I) Withdrawn covered
applications.--In the event a covered
application submitted by an eligible
owner is docketed and then such covered
application is withdrawn by such
eligible owner, the Commission shall
collect, from such eligible owner, 25
percent of any fees the collection of
which is delayed pursuant to
subparagraph (A) or (B) beginning on a
date that is 1 year after the date such
covered application is withdrawn.
``(II) Temporarily suspended
covered applications.--
``(aa) Delay collection.--
In the event a covered
application submitted by an
eligible owner is docketed and
then such covered application
is temporarily suspended from
review by such eligible owner,
the Commission shall delay
collection of any fees assessed
prior to the temporary
suspension until the sooner
of--
``(AA) such
eligible owner resumes
review of the covered
application; or
``(BB) a period of
3 years.
``(bb) Collection.--In the
event that a covered
application is temporarily
suspended, as described in item
(aa), and an eligible owner has
not resumed review of such
covered application before the
end the 3 year period described
in item (aa)(BB), the
Commission shall collect, from
such eligible owner, 25 percent
of any fees the collection of
which is delayed pursuant to
item (aa) beginning on the date
that is 3 years after the date
the eligible owner temporarily
suspends a covered application.
``(cc) Exception.--If an
eligible owner described in
item (bb) resumes review of a
covered application within 3
years after the date such
covered application is
temporarily suspended, the
Commission shall collect, from
such eligible owner, any fees
the collection of which is
delayed pursuant to item (aa),
in accordance with item (bb).
``(D) Excluded activity from cost-recovery
requirement.--Any fees the collection of which is
delayed pursuant to this paragraph 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 providing 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
Appropriations and the Committee on
Energy and Commerce of the House of
Representatives; and
``(II) the Committee on
Appropriations and the Committee on
Environment 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 construction
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 application, to
be submitted to the Commission, for a
construction permit, operating license, or a
combined license, for an advanced nuclear
reactor.
``(v) Eligible owner.--The term `eligible
owner' means an owner of a small business
that--
``(I) seeks to engage in the
research, development, and deployment
of an advanced nuclear reactor; and
``(II) has submitted a response to
the RIS-20-02.
``(vi) Operating license.--The term
`operating license' means an operating license
described in and issued under part 50 of title
10, Code of Federal Regulations (or any
successor regulations).
``(vii) RIS-20-02.--The term `RIS-20-02'
means the NRC Regulatory Issue Summary 2020-02
published by the Nuclear 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 Modernization 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).''.
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