2014 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 23 - Development and Control of Atomic Energy (Sections 2011 - 2297h-13)
Division A - Atomic Energy (Sections 2011 - 2296b-7)
Subchapter XIII - General Authority of Commission (Sections 2201 - 2214)
Sec. 2214 - NRC user fees and annual charges
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY Division A - Atomic Energy SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION Sec. 2214 - NRC user fees and annual charges |
Contains | section 2214 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 101-508, title VI, §6101, Nov. 5, 1990, 104 Stat. 1388-298; Pub. L. 102-486, title XXIX, §2903(a), Oct. 24, 1992, 106 Stat. 3125; Pub. L. 103-66, title VII, §7001, Aug. 10, 1993, 107 Stat. 401; Pub. L. 105-245, title V, §505, Oct. 7, 1998, 112 Stat. 1856; Pub. L. 106-60, title VI, §604, Sept. 29, 1999, 113 Stat. 501; Pub. L. 106-377, §1(a)(2) [title VIII], Oct. 27, 2000, 114 Stat. 1441, 1441A-86; Pub. L. 109-58, title VI, §637(a), Aug. 8, 2005, 119 Stat. 791; Pub. L. 109-103, title IV, Nov. 19, 2005, 119 Stat. 2283. |
Statutes at Large References | 104 Stat. 1388-298 106 Stat. 3125 107 Stat. 401 112 Stat. 1856 113 Stat. 501 114 Stat. 1441 119 Stat. 791, 2283 |
Public and Private Laws | Public Law 101-508, Public Law 102-486, Public Law 103-66, Public Law 105-245, Public Law 106-60, Public Law 106-377, Public Law 108-375, Public Law 109-58, Public Law 109-103 |
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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) of this section.
(2) First assessmentThe first assessment of fees under subsection (b) of this section and annual charges under subsection (c) of this section shall be made not later than September 30, 1991.
(b) Fees for service or thing of valuePursuant 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 chargeExcept 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) of this section, 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) of this section 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 2169 of this title and the costs of conducting security inspections.
(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 licenseeThe 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 generalParagraph (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" definedAs used in this section, the term "Nuclear Waste Fund" means the fund established pursuant to section 10222(c) of this title.
(Pub. L. 101–508, title VI, §6101, Nov. 5, 1990, 104 Stat. 1388–298; Pub. L. 102–486, title XXIX, §2903(a), Oct. 24, 1992, 106 Stat. 3125; Pub. L. 103–66, title VII, §7001, Aug. 10, 1993, 107 Stat. 401; Pub. L. 105–245, title V, §505, Oct. 7, 1998, 112 Stat. 1856; Pub. L. 106–60, title VI, §604, Sept. 29, 1999, 113 Stat. 501; Pub. L. 106–377, §1(a)(2) [title VIII], Oct. 27, 2000, 114 Stat. 1441, 1441A–86; Pub. L. 109–58, title VI, §637(a), Aug. 8, 2005, 119 Stat. 791; Pub. L. 109–103, title IV, Nov. 19, 2005, 119 Stat. 2283.)
REFERENCES IN TEXTSection 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.
CODIFICATIONSection 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.
AMENDMENTS2005—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 2005 AMENDMENTPub. 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 AMENDMENTPub. 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 REVIEWPub. 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."
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