42 U.S. Code § 2214. 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, 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 generalThe 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;
(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 2169 of this title and the costs of conducting security inspections; and
(v)
amounts appropriated to the Commission for the fiscal year for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, including activities required under section 103[1] of the Nuclear Energy Innovation and Modernization Act.
(B) PercentagesThe 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.
(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 reactorFor purposes of subparagraph (A), the term “research reactor” means a nuclear reactor that—
(i)
is licensed by the Nuclear Regulatory Commission under section 2134(c) of this title 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) “Nuclear Waste Fund” defined

As used in this section, the term “Nuclear Waste Fund” means the fund established pursuant to section 10222(c) of this title.

Repeal of Section

Pub. L. 115–439, title I, § 101(b), Jan. 14, 2019, 132 Stat. 5568, provided that, effective Oct. 1, 2020, this section is repealed.

References in Text

Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, referred to in subsec. (c)(2)(A)(iii), is section 3116 of Pub. L. 108–375, which is set out as a note under section 2602 of Title 50, War and National Defense.

Section 103 of the Nuclear Energy Innovation and Modernization Act, referred to in subsec. (c)(2)(A)(v), is section 103 of Pub. L. 115–439, title I, Jan. 14, 2019, 132 Stat. 5571. Subsec. (a) of section 103 of Pub. L. 115–439 enacted provisions set out as a note under section 2133 of this title. Subsecs. (b) to (e) of section 103 of Pub. L. 115–439 are not classified to the Code.

Codification

Section is comprised of section 6101 of Pub. L. 101–508. Subsec. (e) of section 6101 of Pub. L. 101–508 amended former section 2213 of this title.

Section was enacted as part of the Omnibus Budget Reconciliation Act of 1990, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

Amendments

2019—Subsec. (c)(2)(A)(v). Pub. L. 115–439 added cl. (v).

2005—Subsec. (a)(1). Pub. L. 109–58, § 637(a)(1)(A), substituted “The” for “Except as provided in paragraph (3), the”.

Subsec. (a)(3). Pub. L. 109–58, § 637(a)(1)(B), struck out heading and text of par. (3). Text read as follows: “The last assessment of annual charges under subsection (c) of this section shall be made not later than September 20, 2005.”

Subsec. (c)(2)(A)(iii), (iv). Pub. L. 109–58, § 637(a)(2)(A)–(C), added cls. (iii) and (iv).

Subsec. (c)(2)(B)(v). Pub. L. 109–58, § 637(a)(2)(D), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: “90 percent for fiscal year 2005 and fiscal year 2006.”

Pub. L. 109–103 inserted “and fiscal year 2006” before period at end.

2000—Subsec. (a)(3). Pub. L. 106–377, § 1(a)(2) [title VIII], which directed substitution of “September 20, 2005” for “September 30, 1999”, was executed by making the substitution for “September 30, 2000” to reflect the probable intent of Congress and the amendment by Pub. L. 106–60, § 604. See 1999 Amendment note below.

Subsec. (c)(1). Pub. L. 106–377, § 1(a)(2) [title VIII], inserted “or certificate holder” after “licensee”.

Subsec. (c)(2). Pub. L. 106–377, § 1(a)(2) [title VIII], added par. (2) and struck out heading and text of former par. (2). Text read as follows: “The aggregate amount of the annual charge collected from all licensees shall equal an amount that approximates 100 percent of the budget authority of the Commission in the fiscal year in which such charge is collected, less any amount appropriated to the Commission from the Nuclear Waste Fund and the amount of fees collected under subsection (b) of this section in such fiscal year.

1999—Subsec. (a)(3). Pub. L. 106–60 substituted “September 30, 2000” for “September 30, 1999”.

1998—Subsec. (a)(3). Pub. L. 105–245 substituted “September 30, 1999” for “September 30, 1998”.

1993—Subsec. (a)(3). Pub. L. 103–66 substituted “September 30, 1998” for “September 30, 1995”.

1992—Subsec. (c)(1). Pub. L. 102–486, § 2903(a)(1), substituted “Except as provided in paragraph (4), any licensee” for “Any licensee”.

Subsec. (c)(4). Pub. L. 102–486, § 2903(a)(2), added par. (4).

Effective Date of Repeal

Pub. L. 115–439, title I, § 101(b), Jan. 14, 2019, 132 Stat. 5568, provided that:

“Effective October 1, 2020, section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is repealed.”
Effective Date of 2005 Amendment

Pub. L. 109–58, title VI, § 637(c), Aug. 8, 2005, 119 Stat. 791, provided that:

“The amendments made by this section [amending this section and repealing section 2213 of this title] take effect on October 1, 2006.”
Effective Date of 1992 Amendment

Pub. L. 102–486, title XXIX, § 2903(b), Oct. 24, 1992, 106 Stat. 3125, provided that:

“The amendments made [by] subsection (a) [amending this section] shall apply to annual charges assessed under section 6101(c) of the Omnibus Budget Reconciliation Act of 1990 [42 U.S.C. 2214(c)] for fiscal year 1992 or any succeeding fiscal year.
Policy Review

Pub. L. 102–486, title XXIX, § 2903(c), Oct. 24, 1992, 106 Stat. 3125, provided that:

“The Nuclear Regulatory Commission shall review its policy for assessment of annual charges under section 6101(c) of the Omnibus Budget Reconciliation Act of 1990 [42 U.S.C. 2214(c)], solicit public comment on the need for changes to such policy, and recommend to the Congress such changes in existing law as the Commission finds are needed to prevent the placement of an unfair burden on certain licensees of the Commission, in particular those that hold licenses to operate federally owned research reactors used primarily for educational training and academic research purposes.”


[1]  See References in Text note below.