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114th Congress   }                                      {  Rept. 114-737
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {       Part 1

======================================================================



 
          ADVANCED NUCLEAR TECHNOLOGY DEVELOPMENT ACT OF 2016

                                _______
                                

 September 12, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Upton, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4979]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4979) to foster civilian research and 
development of advanced nuclear energy technologies and enhance 
the licensing and commercial deployment of such technologies, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     6
Committee Oversight Findings.....................................     7
Statement of General Performance Goals and Objectives............     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     7
Committee Cost Estimate..........................................     7
Congressional Budget Office Estimate.............................     7
Federal Mandates Statement.......................................     8
Duplication of Federal Programs..................................     8
Disclosure of Directed Rule Makings..............................     9
Advisory Committee Statement.....................................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    10

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Advanced Nuclear Technology 
Development Act of 2016''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) Nuclear energy generates approximately 20 percent of the 
        total electricity and approximately 60 percent of the carbon-
        free electricity of the United States.
          (2) Nuclear power plants operate consistently at a 90 percent 
        capacity factor, and provide consumers and businesses with 
        reliable and affordable electricity.
          (3) Nuclear power plants generate billions of dollars in 
        national economic activity through nationwide procurements and 
        provide thousands of Americans with high paying jobs 
        contributing substantially to the local economies in 
        communities where they operate.
          (4) The United States commercial nuclear industry must 
        continue to lead the international civilian nuclear 
        marketplace, because it is one of our most powerful national 
        security tools, guaranteeing the safe, secure, and exclusively 
        peaceful use of nuclear energy.
          (5) Maintaining the Nation's nuclear fleet of commercial 
        light water reactors and expanding the use of new advanced 
        reactor designs would support continued production of reliable 
        baseload electricity and maintain United States global 
        leadership in nuclear power.
          (6) Nuclear fusion technology also has the potential to 
        generate electricity with significantly increased safety 
        performance and no radioactive waste.
          (7) The development of advanced reactor designs would benefit 
        from a performance-based, risk-informed, efficient, and cost-
        effective regulatory framework with defined milestones and the 
        opportunity for applicants to demonstrate progress through 
        Nuclear Regulatory Commission approval.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Advanced reactor.--The term ``advanced reactor'' means a 
        nuclear reactor with significant design improvements over the 
        most recent generation of nuclear reactors. Such improvements 
        may include inherent safety features, lower waste yields, 
        greater fuel utilization, superior reliability, resistance to 
        proliferation, and increased thermal efficiency.
          (2) Department.--The term ``Department'' means the Department 
        of Energy.
          (3) Licensing.--The term ``licensing'' means NRC activities 
        related to reviewing applications for licenses, permits, and 
        design certifications, and requests for any other regulatory 
        approval for nuclear reactors within the responsibilities of 
        the NRC under the Atomic Energy Act of 1954.
          (4) National laboratory.--The term ``National Laboratory'' 
        has the meaning given that term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
          (5) NRC.--The term ``NRC'' means the Nuclear Regulatory 
        Commission.
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.

SEC. 4. AGENCY COORDINATION.

  The NRC and the Department shall enter into the a memorandum of 
understanding regarding the following topics:
          (1) Technical expertise.--Ensuring that the Department has 
        sufficient technical expertise to support the civilian nuclear 
        industry's timely development and commercial deployment of 
        safe, innovative advanced reactor technology and the NRC has 
        sufficient technical expertise to support the evaluation of 
        applications for licenses, permits, and design certifications, 
        and other requests for regulatory approval for advanced 
        reactors.
          (2) Modeling and simulation.--The use of computers and 
        software codes to calculate the behavior and performance of 
        advanced reactors based on mathematical models of their 
        physical behavior.
          (3) Facilities.--Ensuring that the Department maintains and 
        develops the facilities to support the civilian nuclear 
        industry's timely development and commercial deployment of 
        safe, innovative reactor technology and ensuring that the NRC 
        has access to such facilities, as needed.

SEC. 5. REPORTING TO CONGRESS.

  Not later than 180 days after the date of enactment of this Act, the 
Secretary shall transmit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that evaluates the status of 
activities intended to facilitate the testing and demonstration of 
advanced reactors on Department land and facilities and the potential 
for the Department to use testing and demonstration on private land.

SEC. 6. ADVANCED REACTOR REGULATORY FRAMEWORK.

  (a) Plan Required.--Not later than 1 year after the date of enactment 
of this Act, the NRC shall transmit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a plan for developing an 
efficient, risk-informed, technology-neutral framework for advanced 
reactor licensing. The plan shall evaluate the following subjects, 
consistent with the NRC's role in protecting public health and safety 
and common defense and security:
          (1) The unique aspects of advanced reactor licensing and any 
        associated legal, regulatory, and policy issues the NRC will 
        need to address to develop a framework for licensing advanced 
        reactors.
          (2) Options for licensing advanced reactors under existing 
        NRC regulations in title 10 of the Code of Federal Regulations, 
        a proposed new regulatory framework, or a combination of these 
        approaches.
          (3) Options to expedite and streamline the licensing of 
        advanced reactors, including opportunities to minimize the time 
        from application submittal to final NRC licensing decision and 
        minimize the delays that may result from any necessary 
        amendments or supplements to applications.
          (4) Options to expand the incorporation of consensus-based 
        codes and standards into the advanced reactor regulatory 
        framework to minimize time to completion and provide 
        flexibility in implementation.
          (5) Options to make the advanced reactor licensing framework 
        more predictable. This evaluation should consider opportunities 
        to improve the process by which application review milestones 
        are established and maintained.
          (6) Options to allow applicants to use phased review 
        processes under which the NRC issues approvals that do not 
        require the NRC to re-review previously approved information. 
        This evaluation shall consider the NRC's ability to review and 
        conditionally approve partial applications, early design 
        information, and submittals that contain design criteria and 
        processes to be used to develop information to support a later 
        phase of the design review.
          (7) The extent to which NRC action or modification of policy 
        is needed to implement any part of the plan required by this 
        subsection.
          (8) The role of licensing advanced reactors within NRC long-
        term strategic resource planning, staffing, and funding levels.
          (9) Options to provide cost-sharing financial structures for 
        license applicants in a phased licensing process.
  (b) Coordination and Stakeholder Input Required.--In developing the 
plan required by subsection (a), the NRC shall seek input from the 
Department, the nuclear industry, and other public stakeholders.
  (c) Cost and Schedule Estimate.--The plan required by subsection (a) 
shall include proposed cost estimates, budgets, and specific milestones 
for implementing the advanced reactor regulatory framework by September 
30, 2019.
  (d) Design Certification Status.--In the NRC's first budget request 
after the acceptance of any design certification application for an 
advanced nuclear reactor, and annually thereafter, the NRC shall 
provide the status of performance metrics and milestone schedules. The 
budget request shall include a plan to correct or recover from any 
milestone schedule delays, including delays because of NRC's inability 
to commit resources for its review of the design certification 
applications.

SEC. 7. USER FEES AND ANNUAL CHARGES.

  Section 6101(c)(2)(A) of the Omnibus Budget Reconciliation Act of 
1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
          (1) by striking ``and'' at the end of clause (iii);
          (2) by striking the period at the end of clause (iv) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                          ``(v) for fiscal years ending before October 
                        1, 2020, amounts appropriated to the Commission 
                        for activities related to the development of 
                        regulatory infrastructure for advanced nuclear 
                        reactor technologies.''.

SEC. 8. AGREEMENTS FOR PRIVATELY FUNDED REACTORS.

  The Department shall not enter into a new agreement with any private 
entity to host a privately funded reactor at a Department-owned site 
that would affect the Federal Government's liability--
          (1) with respect to the disposal of spent nuclear fuel or 
        high-level radioactive waste, as defined by section 2 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), until the 
        NRC has published a final decision on an application for 
        construction for a repository under section 114(d) of the 
        Nuclear Waste Policy Act (42 U.S.C. 10168(d)); and
          (2) with respect to operation and decommissioning--
                  (A) unless such private entity has obtained and is 
                maintaining financial protection of such type and in 
                such amounts as the NRC shall require to cover public 
                liability claims pursuant to section 170 of the Atomic 
                Energy Act; and
                  (B) until such private entity has provided reasonable 
                assurance that funds will be available for the 
                decommissioning process pursuant to part 50 of title 
                10, Code of Federal Regulations.

                          Purpose and Summary

    H.R. 4979, the ``Advanced Nuclear Technology Development 
Act of 2016,'' was introduced by Rep. Robert Latta (R-OH) on 
April 18, 2016, with Rep. Jerry McNerney (D-CA). The 
legislation addresses the need to develop, license, and 
regulate advanced nuclear technologies and commercial 
deployment of such technologies. Key provisions of H.R. 4979 
include the following:
     The bill would require the Department of Energy 
(DOE) and the Nuclear Regulatory Commission (NRC or Commission) 
enter into a Memorandum of Understanding (MOU) to assure 
technical expertise is maintained, modeling and simulation is 
utilized, and DOE facilities are available to NRC as needed.
     The bill also would require the NRC develop a plan 
to implement an efficient, risk-informed, technology-neutral 
regulatory framework for advanced nuclear technologies.
     The bill also would authorize the appropriations 
of amounts to the NRC for the development of a regulatory 
infrastructure for advanced nuclear reactor technologies is not 
subject to statutory ``fee recovery'' requirements.

                  Background and Need for Legislation

    The Atomic Energy Act of 1946\1\ (AEA) established the 
Atomic Energy Commission (AEC) as the regulatory agency for 
nuclear facilities. In 1954, Congress passed and the President 
signed into law the Atomic Energy Act of 1954,\2\ which 
authorized the Federal government to regulate, license, and 
oversee commercial, civilian nuclear facilities and nuclear 
material. Under the AEA, the AEC held dual roles as both the 
promotor and regulator of nuclear technology.
---------------------------------------------------------------------------
    \1\P.L. 79-585.
    \2\P.L. 83-703.
---------------------------------------------------------------------------
    As a result of public perception that the AEC was not 
providing adequate safety regulation over civilian nuclear 
facilities, Congress passed the Energy Reorganization Act (ERA) 
of 1974\3\ and found it in the public interest that the 
licensing and related regulatory functions of the AEC be 
separated from the performance of other functions. The ERA 
abolished the AEC and created two separate entities. It 
established the Energy Research and Development Administration, 
DOE's predecessor, to promote nuclear energy through research, 
development, and demonstration activities. The ERA also 
established the NRC as an independent safety regulator of 
civilian nuclear facilities.
---------------------------------------------------------------------------
    \3\P.L. 93-438.
---------------------------------------------------------------------------
    The distinct and separate roles of DOE and NRC to promote 
and regulate the use of nuclear technologies led to a 
divergence between DOE nuclear energy activities and the 
regulatory requirements established by the NRC for civilian 
nuclear power reactors. H.R. 4979 would require DOE and NRC to 
enter into a MOU to assure technical expertise is maintained to 
assist in the development of advanced nuclear technologies. The 
MOU would also assure that the modeling and simulation 
capabilities housed in DOE's National Laboratory system are 
made available to NRC and to ensure DOE's civilian nuclear 
facilities can be accessed by the NRC, as needed, to fulfill 
its regulatory responsibilities. This MOU will assure that DOE 
and NRC collaboration, within the parameters of their unique 
missions, have a formal, defined relationship.
    The current fleet of operating nuclear power plants all 
utilize light-water reactor (LWR) technology. LWRs use water as 
the primary coolant of nuclear fuel and to transfer heat to 
generate electricity. LWR technology was developed due to a 
decision by the U.S. Navy for naval propulsion in the 1950's. 
As a result, commercial nuclear technology mirrored the Navy's 
technology choice and the NRC's nuclear reactor regulatory 
activities, including licensing requirements, were primarily 
formed for the purpose of regulating LWRs.
    Currently, there are private companies interested in 
developing advanced nuclear reactor designs that may have 
inherently different designs from the power reactors currently 
licensed by the NRC. These technologies could increase safety 
margins, reduce the amount of spent nuclear fuel, or increase 
efficiency. Applying the existing regulatory regime intended 
for LWR technology would be inefficient and time consuming for 
vendors of advanced reactor designs.
    The cost and expected length of time for NRC to approve a 
new design result in high uncertainty for private companies, 
investors, and nuclear engineers. The regulatory barrier is 
consistently cited as a significant obstacle to developing and 
deploying advanced technologies.
    The development of an efficient, risk-informed, technology-
neutral regulatory framework could provide confidence that the 
various stages of NRC licensing approval and ultimate 
construction and operation can be achieved in a timely manner.
    H.R. 4979 would direct the NRC submit a plan on a 
regulatory framework with several key components. The framework 
would be a risk-informed, technology-neutral, predictable, and 
efficient process. A phased licensing process, or establishing 
``gates,'' would provide certainty for technology developers 
that decisions on design components could be approved while the 
design certification advanced through the review process. In 
developing the plan, the NRC shall specifically examine the 
phased-licensing process established by the Canadian Nuclear 
Safety Commission (CNSC).
    The CNSC model also incorporates a staged funding model in 
which a review includes specific milestones for investors to 
assess the licensability of the technology. This structure 
provides more predictability for investors to make discreet 
decisions of financial support. The various stages of 
regulatory review could also have different cost-sharing 
requirements or caps for the applicant within that review 
stage. NRC should consider alternative cost-sharing 
requirements and limiting the total amount of funding an 
applicant would pay in each licensing gate.
    The Omnibus Budget and Reconciliation Act established a fee 
recovery model for the NRC in which license applicants and 
holders fund 90 percent of the Commission's budget authority. 
The law exempts from the fee base certain activities that do 
not directly support existing license applicants and holders, 
such as amounts appropriated from the Nuclear Waste Fund and 
generic homeland security activities. H.R. 4979 would authorize 
amounts appropriated for the development of a regulatory 
infrastructure for advanced nuclear reactor technologies to 
also be exempt from fee recovery requirements.
    The Commission requested this funding in its Fiscal Year 
2017 Congressional Budget Request to understand from 
stakeholders the need for particular regulatory requirements to 
ensure how prospective applications might fit into those 
requirements. H.R. 4979 supports this request.

                                Hearings

    The Subcommittee on Energy and Power held a hearing on H.R. 
4979 on April 29, 2016. The Subcommittee received testimony 
from:
           Marvin Fertel, President and Chief Executive 
        Officer, Nuclear Energy Institute;
           Jeffrey S. Merrifield, Partner, Pillsbury 
        Law Firm; Chairman Advanced Reactors Task Force, 
        Nuclear Infrastructure Council;
           Todd Allen, Senior Fellow, Clean Energy 
        Program, third Way; and,
           Geoffrey Fettus, Senior, Attorney, Natural 
        Resources Defense Council.
    The Subcommittee on Energy and Power and Subcommittee on 
Environment and the Economy held a hearing on the Nuclear 
Regulatory Commission's Fiscal Year 2017 Budget on April 20, 
2016. While the hearing was not a legislative review of H.R. 
4979, the Subcommittees did discuss issues related to advanced 
nuclear technologies. The Subcommittees received testimony 
from:
           Stephen Burns, Chairman, Nuclear Regulatory 
        Commission;
           Kristine Svinicki, Commissioner, Nuclear 
        Regulatory Commission;
           William Ostendorff, Commissioner, Nuclear 
        Regulatory Commission; and,
           Jeff Baran, Commissioner, Nuclear Regulatory 
        Commission.

                        Committee Consideration

    On May 11 and May 12, 2016, the Subcommittee on Energy and 
Power met in open markup session and forwarded H.R. 4979 to the 
full Committee, without amendment, by a voice vote. On May 17 
and 18, 2016, the full Committee on Energy and Commerce met in 
open markup session and ordered H.R. 4979 reported to the 
House, as amended, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 4979 reported.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held hearings and made 
findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    The goal and objective of H.R. 4979 is to develop the 
regulatory framework for advanced nuclear technologies and 
direct Federal agencies to align advanced nuclear activities to 
license and deploy new nuclear technologies.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4979 would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that H.R. 4979 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 10, 2016.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4979, the Advanced 
Nuclear Technology Development Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 4979--Advanced Nuclear Technology Development Act of 2016

    The Nuclear Regulatory Commission (NRC) licenses and 
regulates the use of radioactive materials at civilian 
facilities, including nuclear reactors. Funding for that agency 
is provided in annual appropriation acts, and the agency is 
required to recover most of its funding through fees charged to 
licensees and applicants.
    H.R. 4979 would direct the NRC to report to the Congress on 
existing federal activities related to testing and 
demonstrating advanced reactors with significant design 
improvements over existing commercial reactors. The bill also 
would require the NRC to submit to the Congress, within one 
year of enactment, a plan for establishing a framework for 
licensing such reactors. Finally, the bill would specify that 
any funding provided to the NRC prior to fiscal year 2021 to 
develop a regulatory framework for advanced reactors would be 
excluded from the portion of its budget that is offset by fees.
    Based on information from the NRC about the historical 
costs of studies and reports similar to those required under 
H.R 4979, CBO estimates that implementing H.R. 4979 would cost 
about $1 million in 2017; such spending would be subject to the 
availability of appropriated funds. That estimate does not 
include additional costs that the NRC might incur to develop a 
licensing framework for advanced reactors pursuant to the plan 
required under the bill, which CBO estimates could range 
between $5 million and $10 million annually over several years. 
The agency received no significant funding for such activities 
in 2016, and CBO has no basis for predicting whether funds will 
be provided in future years. Under current law, any such 
funding provided in future years would be largely offset by 
fees charged to the nuclear industry; under H.R 4979, such 
amounts would be excluded from fee calculations through fiscal 
year 2021.
    H.R. 4979 would not affect direct spending or revenues; 
therefore pay-as-you-go procedures do not apply. CBO estimates 
that enacting H.R. 4979 would not increase net direct spending 
or on-budget deficits in any of the four consecutive 10-year 
periods beginning in 2027.
    H.R. 4979 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                    Duplication of Federal Programs

    No provision of H.R. 4979 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 4979 
specifically directs to be completed zero rule makings within 
the meaning of 5 U.S.C. 551.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides the short title of ``Advanced Nuclear 
Technology Development Act of 2016.''

Section 2. Findings

    This section provides several findings about the importance 
of nuclear power for the United States, including national 
security and economic activity.

Section 3. Definitions

    This section contains the following definitions:
    (1) The term ``Advanced Reactor'' means a nuclear reactor 
with significant design improvements over the most recent 
generation of nuclear reactors.
    (2) The term ``Department'' means the Department of Energy.
    (3) The term ``Licensing'' means NRC activities related to 
reviewing applications for licenses, permits, design 
certifications, and requests for any other regulatory approval 
for nuclear reactors within the responsibility of the NRC under 
the Atomic Energy Act of 1954.
    (4) The term ``National Laboratory'' has the meaning given 
that term in section 2 of the Energy Policy Act of 2005.
    (5) The term ``NRC'' means the Nuclear Regulatory 
Commission.
    (6) The term ``Secretary'' means the Secretary of Energy.

Section 4. Agency coordination

    This section instructs DOE and NRC to enter into a MOU 
regarding the following topics:
          (1) Technical Expertise,
          (2) Modeling and Simulation, and
          (3) Facilities.

Section 5. Reporting to Congress

    This section requires the Secretary to report to Congress 
regarding the status of activities intended to facilitate the 
testing and demonstration of advanced reactors.

Section 6. Advanced reactor licensing framework

    Section 6(a) requires the NRC to report to Congress a plan 
for developing an efficient, risk-informed, technology-neutral 
framework for advanced reactor licensing including:
          (1) Unique aspects of advanced reactor licensing, 
        including legal, regulatory, and policy issues;
          (2) Options to license under existing NRC 
        regulations, a proposed new framework, or a combination 
        of the two;
          (3) Options to streamline and expedite licensing 
        process for advanced reactors;
          (4) Options to incorporate consensus based codes and 
        standards into the licensing process;
          (5) Options to make the framework more predictable, 
        potentially establishing milestones;
          (6) Options for a phased review process, including 
        conditional approvals for partial applications, early 
        design information, and information that helps to 
        inform the later phases of design review;
          (7) The extent to which NRC action or policy is 
        needed to implement any part of the framework;
          (8) The role of licensing advanced reactors within 
        NRC's long-term planning, staffing, and funding; and,
          (9) Options to provide cost-sharing financial 
        structures for license applicants in a phased licensing 
        process.
    Section 6(b) requires the NRC to seek input from DOE, the 
nuclear industry, and other public stakeholders.
    Section 6(c) requires that the plan include a proposed cost 
estimate, budget, and implementation plan to implement the 
framework by 2019.

Section 7. User fees and annual charges

    This section authorizes appropriations for the purposes of 
developing a regulatory infrastructure for advanced nuclear 
reactor technologies. The authorization sunsets in 2020.

Section 8. Agreements for privately funded reactors

    This section prevents the Department from entering into an 
agreement to host a privately funded reactor if that agreement 
affects Federal government liability to dispose of spent 
nuclear fuel or high-level radioactive waste unless the NRC has 
acted on a license application for a nuclear waste repository 
and the facility has financial protections for public liability 
claims and decommissioning funding, as required by the NRC.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

               OMNIBUS BUDGET RECONCILIATION ACT OF 1990




           *       *       *       *       *       *       *
TITLE VI--ENERGY AND ENVIRONMENTAL PROGRAMS

           *       *       *       *       *       *       *


SEC. 6101. NRC USER FEES AND ANNUAL CHARGES.

  (a) Annual Assessment.--
          (1) In general.--The Nuclear Regulatory Commission 
        (in this section referred to as the ``Commission'') 
        shall annually assess and collect such fees and charges 
        as are described in subsections (b) and (c).
          (2) First assessment.--The first assessment of fees 
        under subsection (b) and annual charges under 
        subsection (c) shall be made not later than September 
        30, 1991.
  (b) Fees for Service or Thing of Value.--Pursuant to section 
9701 of title 31, United States Code, any person who receives a 
service or thing of value from the Commission shall pay fees to 
cover the Commission's costs in providing any such service or 
thing of value.
  (c) Annual Charges.--
          (1) Persons subject to charge.--Except as provided in 
        paragraph (4), any licensee or certificate holder of 
        the Commission may be required to pay, in addition to 
        the fees set forth in subsection (b), an annual charge.
          (2) Aggregate amount of charges.--
                  (A) In general.--The aggregate amount of the 
                annual charges collected from all licensees and 
                certificate holders in a fiscal year shall 
                equal an amount that approximates the 
                percentages of the budget authority of the 
                Commission for the fiscal year stated in 
                subparagraph (B), less--
                          (i) amounts collected under 
                        subsection (b) during the fiscal year;
                          (ii) amounts appropriated to the 
                        Commission from the Nuclear Waste Fund 
                        for the fiscal year;
                          (iii) amounts appropriated to the 
                        Commission for the fiscal year for 
                        implementation of section 3116 of the 
                        Ronald W. Reagan National Defense 
                        Authorization Act for Fiscal Year 2005; 
                        [and]
                          (iv) amounts appropriated to the 
                        Commission for homeland security 
                        activities of the Commission for the 
                        fiscal year, except for the costs of 
                        fingerprinting and background checks 
                        required by section 149 of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2169) and 
                        the costs of conducting security 
                        inspections[.]; and
                          (v) for fiscal years ending before 
                        October 1, 2020, amounts appropriated 
                        to the Commission for activities 
                        related to the development of 
                        regulatory infrastructure for advanced 
                        nuclear reactor technologies.
                  (B) Percentages.--The percentages referred to 
                in subparagraph (A) are--
                          (i) 98 percent for fiscal year 2001;
                          (ii) 96 percent for fiscal year 2002;
                          (iii) 94 percent for fiscal year 
                        2003;
                          (iv) 92 percent for fiscal year 2004; 
                        and
                          (v) 90 percent for fiscal year 2005 
                        and each fiscal year thereafter and 
                        fiscal year 2006.
          (3) Amount per licensee.--The Commission shall 
        establish, by rule, a schedule of charges fairly and 
        equitably allocating the aggregate amount of charges 
        described in paragraph (2) among licensees. To the 
        maximum extent practicable, the charges shall have a 
        reasonable relationship to the cost of providing 
        regulatory services and may be based on the allocation 
        of the Commission's resources among licensees or 
        classes of licensees.
          (4) Exemption.--
                  (A) In general.--Paragraph (1) shall not 
                apply to the holder of any license for a 
                federally owned research reactor used primarily 
                for educational training and academic research 
                purposes.
                  (B) Research reactor.--For purposes of 
                subparagraph (A), the term ``research reactor'' 
                means a nuclear reactor that--
                          (i) is licensed by the Nuclear 
                        Regulatory 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 10 megawatts or 
                        less; and
                          (ii) if so licensed for operation at 
                        a thermal power level of more than 1 
                        megawatt, does not contain--
                                  (I) a circulating loop 
                                through the core in which the 
                                licensee conducts fuel 
                                experiments;
                                  (II) a liquid fuel loading; 
                                or
                                  (III) an experimental 
                                facility in the core in excess 
                                of 16 square inches in cross-
                                section.
  (d) Definition.--As used in this section, the term ``Nuclear 
Waste Fund'' means the fund established pursuant to section 
302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(c)).
  (e) Conforming Amendment to COBRA.--[Omitted--amends other 
Act(s).]

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