
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-377 Section 1(a)(2)]
[CITE: 42USC2214]

 
                 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


(a) Annual assessment

                           (1) In general

        Except as provided in paragraph (3), 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 assessment

        The 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.

                (3) Last assessment of annual charges

        The last assessment of annual charges under subsection (c) of 
    this section shall be made not later than September 30, 2000.

(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 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

        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.

                       (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 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.

(Pub. L. 101-508, title VI, Sec. 6101, Nov. 5, 1990, 104 Stat. 1388-298; 
Pub. L. 102-486, title XXIX, Sec. 2903(a), Oct. 24, 1992, 106 Stat. 
3125; Pub. L. 103-66, title VII, Sec. 7001, Aug. 10, 1993, 107 Stat. 
401; Pub. L. 105-245, title V, Sec. 505, Oct. 7, 1998, 112 Stat. 1856; 
Pub. L. 106-60, title VI, Sec. 604, Sept. 29, 1999, 113 Stat. 501.)

                          Codification

    Section is comprised of section 6101 of Pub. L. 101-508. Subsec. (e) 
of section 6101 of Pub. L. 101-508 amended 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

    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, Sec. 2903(a)(1), substituted 
``Except as provided in paragraph (4), any licensee'' for ``Any 
licensee''.
    Subsec. (c)(4). Pub. L. 102-486, Sec. 2903(a)(2), added par. (4).


                    Effective Date of 1992 Amendment

    Section 2903(b) of Pub. L. 102-486 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

    Section 2903(c) of Pub. L. 102-486 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.''
