,,ib ,union ,calendar ,no4 #gag #aaeth ,,congress #b;d ,session ,h4 ,r4 #acbj ,report ,no4 #aae-ibd ,,in ,,the ,,house ,,of ,,representatives ,march #b1 #bjag ,mr4 ,kinzinger 7for himself and ,mr4 ,michael ,f4 ,doyle of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,september #g1 #bjah;,additional sponsors3 ,mr4 ,latta and ,mr4 ,gene ,green of ,texas ,september #g1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,march #b1 #bjag ,a ,,bill ,to amend the ,omnibus ,budget ,reconciliation ,act of #aiij related to ,nuclear ,regulatory ,commission user fees and annual charges1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,nuclear ,utilization of ,keynote ,energy ,act4 #b4 ,nuclear ,regulatory ,commission user fees and annual charges through fiscal year #bjbj 7a7 ,in general ,section #faja7;c77#b77;,a7 of the ,omnibus ,budget ,reconciliation ,act of #aiij 7#db ,u4,s4,c4 #bbad7;c77#b77;,a77 is amended-- 7#a7 in clause 7iii71 by striking and at the end2 7#b7 in clause 7iv71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7v7 amounts appropriated to the ,commission for the fiscal year for activities related to the development of a regulatory infrastructure for advanced nuclear reactor technologies4 4 7b7 ,repeal ,effective ,october #a1 #bjbj1 section #faja of the ,omnibus ,budget ,reconciliation ,act of #aiij 7#db ,u4,s4,c4 #bbad7 is repealed4 #c4 ,nuclear ,regulatory ,commission user fees and annual charges for fiscal year #bjba and each fiscal year thereafter 7a7 ,annual budget justification 7#a7 ,in general ,in the annual budget justification submitted by the ,commission to ,congress1 the ,commission shall expressly identify anticipated expenditures necessary for completion of the requested activities of the ,commission anticipated to occur during the applicable fiscal year4 7#b7 ,restriction ,the ,commission shall1 to the maximum extent practicable1 use any funds made available to the ,commission for a fiscal year for the anticipated expenditures identified under paragraph 7#a7 for the fiscal year4 7#c7 ,limitation on corporate support costs ,with respect to the annual budget justification submitted to ,congress1 corporate support costs1 to the maximum extent practicable1 shall not exceed the following percentages of the total budget authority of the ,commission requested in the annual budget justification3 7,a7 #cj percent for each of fiscal years #bjba and #bjbb4 7,b7 #bi percent for each of fiscal years #bjbc and #bjbd4 7,c7 #bh percent for fiscal year #bjbe and each fiscal year thereafter4 7b7 ,fees and charges 7#a7 ,annual assessment 7,a7 ,in general ,each fiscal year1 the ,commission shall assess and collect fees and charges in accordance with paragraphs 7#b7 and 7#c7 in a manner that ensures that1 to the maximum extent practicable1 the amount assessed and collected is equal to an amount that approximates-- 7i7 the total budget authority of the ,commission for that fiscal year2 less 7ii7 the budget authority of the ,commission for the activities described in subparagraph 7,b74 7,b7 ,excluded activities described ,the activities referred to in subparagraph 7,a77ii7 are the following3 7i7 ,any fee-relief activity1 as identified by the ,commission4 7ii7 ,amounts appropriated for the fiscal year to the ,commission-- 7,i7 from the ,nuclear ,waste ,fund established under section #cjb7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;c772 7,,ii7 for implementation of section #caaf of the ,ronald ,w4 ,reagan ,national ,defense ,authorization ,act for ,fiscal ,year #bjje 7#ej ,u4,s4,c4 #bfja note2 ,public ,law #ajh-cge72 7,,iii7 for the homeland security activities of the ,commission 7other than for the costs of fingerprinting and background checks required under section #adi of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bafi7 and the costs of conducting security inspections72 7,,iv7 for the ,inspector ,general services of the ,commission provided to the ,defense ,nuclear ,facilities ,safety ,board2 7,v7 for the partnership program with institutions of higher education established under section #bdd of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjae;c72 and 7,,vi7 for the scholarship and fellowship programs under section #bdc of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjae;b74 7iii7 ,costs for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies4 7,c7 ,exception ,the exclusion described in subparagraph 7,b77iii7 shall cease to be effective on ,january #a1 #bjcb4 7,d7 ,report ,not later than ,december #ca1 #bjcj1 the ,commission shall submit to the ,committee on ,appropriations and the ,committee 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 describing the views of the ,commission on the continued appropriateness and necessity of funding for the activities described in subparagraph 7,b77iii74 7#b7 ,fees for service or thing of value ,in accordance with section #igja of title #ca1 ,united ,states ,code1 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 value4 7#c7 ,annual charges 7,a7 ,in general ,subject to subparagraph 7,b7 and except as provided in subparagraph 7,d71 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 7#b74 7,b7 ,cap on annual charges of certain licensees 7i7 ,operating reactors ,the annual charge under subparagraph 7,a7 charged to an operating reactor licensee1 to the maximum extent practicable1 shall not exceed the annual fee amount per operating reactor licensee established in the final rule of the ,commission entitled ,revision of ,fee ,schedules2 ,fee ,recovery for ,fiscal ,year #bjae 7#hj ,fed4 ,reg4 #cgdcb 7,june #cj1 #bjae771 as 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 ,labor4 7ii7 ,fuel facilities 7,i7 ,in general ,the total annual charges under subparagraph 7,a7 charged to fuel facility licensees1 to the maximum extent practicable1 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 ,revision of ,fee ,schedules2 ,fee ,recovery for ,fiscal ,year #bjaf 7#ha ,fed ,reg4 #daaga 7,june #bd1 #bjaf771 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 ,labor4 7,,ii7 ,exception ,subclause 7,i7 shall not apply if the number of licensed facilities classified by the ,commission as fuel facilities exceeds seven4 7,,iii7 ,changes to annual charges ,any change in an annual charge under subparagraph 7,a7 charged to a fuel facility licensee shall be based on-- 7aa7 a change in the regulatory services provided with respect to the fuel facility2 or 7bb7 an adjustment described in subclause 7,i74 7iii7 ,waiver ,the ,commission may waive1 for a period of #a year1 the cap on annual charges described in clause 7i7 or 7ii7 if the ,commission submits to the ,committee on ,appropriations and the ,committee 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 written determination that the cap on annual charges may compromise the safety and security mission of the ,commission4 7,c7 ,amount per licensee 7i7 ,in general ,the ,commission shall establish by rule a schedule of annual charges fairly and equitably allocating the aggregate amount of charges described in clause 7ii7 among licensees and certificate holders4 7ii7 ,aggregate amount ,for purposes of this subparagraph1 the aggregate amount of charges for a fiscal year shall equal an amount that approximates-- 7,i7 the amount to be collected under paragraph 7#a77;,a7 for the fiscal year2 less 7,,ii7 the amount of fees to be collected under paragraph 7#b7 for the fiscal year4 7iii7 ,requirement ,the schedule of charges under clause 7i7-- 7,i7 to the maximum extent practicable1 shall be reasonably related to the cost of providing regulatory services2 and 7,,ii7 may be based on the allocation of the resources of the ,commission among licensees or certificate holders or classes of licensees or certificate holders4 7,d7 ,exemption ,subparagraph 7,a7 shall not apply to the holder of any license for a federally owned research reactor used primarily for educational training and academic research purposes4 7c7 ,performance and reporting 7#a7 ,in general ,the ,commission shall develop for the requested activities of the ,commission-- 7,a7 performance metrics2 and 7,b7 milestone schedules4 7#b7 ,delays in issuance of final safety evaluation ,if the final safety evaluation for a requested activity of the ,commission is not completed by the completion date required by the performance metrics or milestone schedule under paragraph 7#a71 the ,executive ,director for ,operations of the ,commission shall1 not later than #cj days after such required completion date1 inform the ,commission of the delay4 7#c7 ,delays in issuance of final safety evaluation exceeding #ahj days ,if a final safety evaluation described in paragraph 7#b7 is not completed by the date that is #ahj days after the completion date required by the performance metrics or milestone schedule under paragraph 7#a71 the ,commission shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a timely report describing the delay1 including a detailed explanation accounting for the delay and a plan for timely completion of the final safety evaluation4 7d7 ,accurate invoicing ,with respect to invoices for fees charged under subsection 7b77#b71 the ,commission shall-- 7#a7 ensure appropriate review and approval prior to the issuance of invoices2 7#b7 develop and implement processes to audit invoices to ensure accuracy1 transparency1 and fairness2 and 7#c7 modify regulations to ensure fair and appropriate processes to provide licensees and applicants an opportunity to efficiently dispute or otherwise seek review and correction of errors in invoices for such fees4 7e7 ,report ,not later than ,september #cj1 #bjbb1 the ,commission shall submit to the ,committee on ,appropriations and the ,committee 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 describing the implementation of this section1 including any effects of such implementation and recommendations for improvement4 7f7 ,definitions ,in this section3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor means a nuclear fission or fusion reactor1 including a prototype plant 7as defined in sections #ej4b and #eb4a of title #aj1 ,code of ,federal ,regulations71 with significant improvements compared to commercial nuclear reactors under construction as of the date of enactment of this ,act1 including improvements such as-- 7,a7 additional inherent safety features2 7,b7 significantly lower levelized cost of electricity2 7,c7 lower waste yields2 7,d7 greater fuel utilization2 7,e7 enhanced reliability2 7,f7 increased proliferation resistance2 7,g7 increased thermal efficiency2 or 7,h7 ability to integrate into electric and nonelectric applications4 7#b7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#c7 ,corporate support costs ,the term corporate support costs means expenditures for acquisitions1 administrative services1 financial management1 human resource management1 information management1 information technology1 policy support1 outreach1 and training4 7#d7 ,research reactor ,the term research reactor means a nuclear reactor that-- 7,a7 is licensed by the ,commission under section #ajd c4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bacd7;c77 for operation at a thermal power level of not more than #aj megawatts2 and 7,b7 if so licensed for operation at a thermal power level of more than #a megawatt1 does not contain-- 7i7 a circulating loop through the core in which the licensee conducts fuel experiments2 7ii7 a liquid fuel loading2 or 7iii7 an experimental facility in the core in excess of #af square inches in cross-section4 7#e7 ,requested activity of the ,commission ,the term requested activity of the ,commission means-- 7,a7 the processing of applications for-- 7i7 design certifications or approvals2 7ii7 licenses2 7iii7 permits2 7iv7 license amendments2 7v7 license renewals2 7vi7 certificates of compliance2 and 7vii7 power uprates2 and 7,b7 any other activity requested by a licensee or applicant4 7g7 ,effective date ,this section takes effect on ,october #a1 #bjbj4 #d4 ,study on elimination of foreign licensing restrictions ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general shall transmit to ,congress a report containing the results of a study on the feasibility and implications of repealing restrictions under sections #ajc d4 and #ajd d4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bacc7;d72 #bacd7;d77 on issuing licenses for certain nuclear facilities to an alien or an entity owned1 controlled1 or dominated by an alien1 a foreign corporation1 or a foreign government4 #e4 ,study on the impact of the elimination of mandatory hearing for uncontested licensing applications ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general shall transmit to ,congress a report containing the results of a study on the effects of eliminating the hearings required under section #ahi a4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbci7;a77 for an application under section #ajc or section #ajd b4 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 proceeding4 #f4 ,informal hearing procedures ,section #ahi a4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbci7;a77 is amended by adding at the end the following3 7#c7 ,the ,commission may use informal adjudicatory procedures for any hearing required under this section for which the ,commission determines that adjudicatory procedures under section #eed of title #e1 ,united ,states ,code1 are unnecessary4 4 #g4 ,application reviews for nuclear energy projects ,section #ahe of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbce7 is amended by adding at the end the following3 c4 ,application reviews for nuclear energy projects 7#a7 ,streamlining license application review ,with respect to an application that is docketed seeking issuance of a construction permit1 operating license1 or combined construction permit and operating license for a production or utilization facility1 the ,commission shall include the following procedures3 7,a7 ,undertake an environmental review process and issue any draft environmental impact statement to the maximum extent practicable within #bd months after the application is accepted for docketing4 7,b7 ,complete the technical review process and issue any safety evaluation report and any final environmental impact statement to the maximum extent practicable within #db months after the application is accepted for docketing4 7#b7 ,early site permit 7,a7 ,supplemental environmental impact statement ,in a proceeding for a combined construction permit and operating license for a site for which an early site permit has been issued1 any environmental impact statement prepared by the ,commission and cooperating agencies shall be prepared as a supplement to the environmental impact statement prepared for the early site permit4 7,b7 ,incorporation by reference ,the supplemental environmental impact statement shall-- 7i7 incorporate by reference the analysis1 findings1 and conclusions from the environmental impact statement prepared for the early site permit2 and 7ii7 include additional discussion1 analyses1 findings1 and conclusions on matters resolved in the early site permit proceeding only to the extent necessary to address information that is new and significant in that the information would materially change the prior findings or conclusions4 7#c7 ,production or utilization facility located at an existing site ,in reviewing an application for an early site permit1 construction permit1 operating license1 or combined construction permit and operating license for a production or utilization facility located at the site of a licensed production or utilization facility1 the ,commission shall1 to the extent practicable1 use information that was part of the licensing basis of the licensed production or utilization facility4 7#d7 ,regulations ,the ,commission shall initiate a rulemaking1 not later than #a year after the date of enactment of the ,nuclear ,utilization of ,keynote ,energy ,act1 to amend the regulations of the ,commission to implement this subsection4 7#e7 ,environmental impact statement defined ,in this subsection1 the term environmental impact statement means a detailed statement required under section #ajb7;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7;,c774 7#f7 ,relationship to other law ,nothing in this subsection exempts the ,commission from any requirement for full compliance with section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 4 #h4 ,report identifying best practices for establishment and operation of local community advisory boards 7a7 ,best practices report ,not later than #ah months after the date of enactment of this ,act1 the ,nuclear ,regulatory ,commission shall submit to ,congress1 and make publicly available1 a report identifying best practices with respect to the establishment and operation of a local community advisory board to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect1 including lessons learned from any such board in existence before the date of enactment of this ,act4 7b7 ,contents ,the report described in subsection 7a7 shall include-- 7#a7 a description of-- 7,a7 the topics that could be brought before a local community advisory board2 7,b7 how such a board's input could be used to inform the decision-making processes of stakeholders for various decommissioning activities2 7,c7 what interaction such a board could have with the ,nuclear ,regulatory ,commission and other ,federal regulatory bodies to support the board members' overall understanding of the decommissioning process and promote dialogue between the affected stakeholders and the licensee involved in decommissioning activities2 and 7,d7 how such a board could offer opportunities for public engagement throughout all phases of the decommissioning process2 7#b7 a discussion of the composition of a local community advisory board2 and 7#c7 best practices relating to the establishment and operation of a local community advisory board1 including-- 7,a7 the time of establishment of such a board2 7,b7 the frequency of meetings of such a board2 7,c7 the selection of board members2 7,d7 the term of board members2 7,e7 the responsibility for logistics required to support such a board's meetings and other routine activities2 and 7,f7 any other best practices relating to such a local community advisory board that are identified by the ,commission4 7c7 ,consultation ,in developing the report described in subsection 7a71 the ,nuclear ,regulatory ,commission shall consult with any host ,state1 any community within the emergency planning zone of an applicable nuclear facility1 and any existing local community advisory board4 #i4 ,report on study recommendations ,not later than #ij days after the date of enactment of this ,act1 the ,nuclear ,regulatory ,commission shall submit 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 ,assessment 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 #ai1 #bjah 7,,adams ,accession ,no43 ,,ml#ahafe;,a#bif74 ,september #g1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed