Pub. L. 118–67, div. B, title I, § 101(c),
(1) in subsection (a), by adding at the end the following:
“(4) International nuclear export and innovation activities
“The Commission shall identify in the annual budget justification international nuclear export and innovation activities described in section 2155b(a) of this title.”; and
(2) in subsection (b)(1)(B), by adding at the end the following:
“(iv) Costs for international nuclear export and innovation activities described in section 2155b(a) of this title.”
See 2024 Amendment notes below.
Pub. L. 118–67, div. B, title II, § 201(b)–(e),
(1) in subsection (b)—
(A) in paragraph (1)(B), by adding at the end the following:
“(v) The total costs of mission-indirect program support and agency support that, under paragraph (2)(B), may not be included in the hourly rate charged for fees assessed and collected from advanced nuclear reactor applicants.
“(vi) The total costs of mission-indirect program support and agency support that, under paragraph (2)(C), may not be included in the hourly rate charged for fees assessed and collected from advanced nuclear reactor pre-applicants.”; and
(B) by striking paragraph (2) and inserting the following:
“(2) Fees for service or thing of value
“(A) In general
“In accordance with section 9701 of title 31, 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 value.
“(B) Advanced nuclear reactor applicants
“The hourly rate charged for fees assessed and collected from an advanced nuclear reactor applicant under this paragraph relating to the review of a submitted application described in section 3(1) may not exceed the hourly rate for mission-direct program salaries and benefits.
“(C) Advanced nuclear reactor pre-applicants
“The hourly rate charged for fees assessed and collected from an advanced nuclear reactor pre-applicant under this paragraph relating to the review of submitted materials as described in the licensing project plan of an advanced nuclear reactor pre-applicant may not exceed the hourly rate for mission-direct program salaries and benefits.”; and
(2) by adding at the end the following:
“(g) Cessation of effectiveness
“Paragraphs (1)(B)(vi) and (2)(C) of subsection (b) shall cease to be effective on
See 2024 Amendment notes below.
Pub. L. 118–67, div. B, title II, § 204, “(vii) Costs for—“(I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1722)) site; and“(II) pre-application activities relating to an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1722)) site.”
See 2024 amendment note below.
Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, referred to in subsec. (b)(1)(B)(ii)(II), 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, referred to in subsec. (b)(1)(B)(iii), is section 103 of Pub. L. 115–439, title I,
Section was enacted as part of the Nuclear Energy Innovation and Modernization Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
2024—Subsec. (a)(3)(B), (C). Pub. L. 118–67, § 503(b), added subpar. (B) and struck out former subpars. (B) and (C) which read as follows:
“(B) 29 percent for each of fiscal years 2023 and 2024.
“(C) 28 percent for fiscal year 2025 and each fiscal year thereafter.”
Subsec. (a)(4). Pub. L. 118–67, § 101(c)(1)(A), added par. (4).
Subsec. (b)(1)(B)(iv). Pub. L. 118–67, § 101(c)(1)(B), added cl. (iv).
Subsec. (b)(1)(B)(v), (vi). Pub. L. 118–67, § 201(b), added cls. (v) and (vi).
Subsec. (b)(1)(B)(vii). Pub. L. 118–67, § 204(a), added cl. (vii).
Subsec. (b)(2). Pub. L. 118–67, § 201(c), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “In accordance with section 9701 of title 31, 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 value.”
Subsec. (c)(3). Pub. L. 118–67, § 504(1), substituted “90” for “180” in heading and text.
Subsec. (c)(4). Pub. L. 118–67, § 504(2), added par. (4).
Subsec. (g). Pub. L. 118–67, § 201(d), added subsec. (g).
Pub. L. 118–67, div. B, title I, § 101(c)(2),
Pub. L. 118–67, div. B, title II, § 201(e),
Pub. L. 118–67, div. B, title II, § 204(b),
Pub. L. 115–439, § 2, “(1) a program to develop the expertise and regulatory processes necessary to allow innovation and the commercialization of advanced nuclear reactors;“(2) a revised fee recovery structure to ensure the availability of resources to meet industry needs without burdening existing licensees unfairly for inaccurate workload projections or premature existing reactor closures; and“(3) more efficient regulation of uranium recovery.”
[For definition of “advanced nuclear reactors” as used in section 2 of Pub. L. 115–439, set out above, see section 3 of Pub. L. 115–439, set out below.]
Pub. L. 115–439, § 3, “(1) The term ‘advanced nuclear reactor’ means a nuclear fission or fusion reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act [“(A) additional inherent safety features;“(B) significantly lower levelized cost of electricity;“(C) lower waste yields;“(D) greater fuel utilization;“(E) enhanced reliability;“(F) increased proliferation resistance;“(G) increased thermal efficiency; or“(H) ability to integrate into electric and nonelectric applications.“(2) The term ‘advanced nuclear reactor fuel’ means fuel for use in an advanced nuclear reactor or a research and test reactor, including fuel with a low uranium enrichment level of not greater than 20 percent.“(3) The term ‘Agreement State’ means any State with which the Commission has entered into an effective agreement under section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)).“(4) The term ‘appropriate congressional committees’ means the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives.“(5) The term ‘Commission’ means the Nuclear Regulatory Commission.“(6) The term ‘conceptual design assessment’ means an early-stage review by the Commission that—“(A) assesses preliminary design information for consistency with applicable regulatory requirements of the Commission;“(B) is performed on a set of topic areas agreed to in the licensing project plan; and“(C) is performed at a cost and schedule agreed to in the licensing project plan.“(7) The term ‘corporate support costs’ means expenditures for acquisitions, administrative services, financial management, human resource management, information management, information technology, policy support, outreach, and training, as those categories are described and calculated in Appendix A of the Congressional Budget Justification for Fiscal Year 2018 of the Commission.“(8) The term ‘licensing project plan’ means a plan that describes—“(A) the interactions between an applicant and the Commission; and“(B) project schedules and deliverables in specific detail to support long-range resource planning undertaken by the Commission and an applicant.“(9) The term ‘regulatory framework’ means the framework for reviewing requests for certifications, permits, approvals, and licenses for nuclear reactors.“(10) The term ‘requested activity of the Commission’ means—“(A) the processing of applications for—“(i) design certifications or approvals;“(ii) licenses;“(iii) permits;“(iv) license amendments;“(v) license renewals;“(vi) certificates of compliance; and“(vii) power uprates; and“(B) any other activity requested by a licensee or applicant.“(11) “(A) The term ‘research and test reactor’ means a reactor that—“(i) falls within the licensing and related regulatory authority of the Commission under section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842); and“(ii) is useful in the conduct of research and development activities as licensed under section 104 c. of the Atomic Energy Act [of 1954] (42 U.S.C. 2134(c)).“(B) The term ‘research and test reactor’ does not include a commercial nuclear reactor.“(12) The term ‘Secretary’ means the Secretary of Energy.“(13) The term ‘standard design approval’ means the approval of a final standard design or a major portion of a final design standard as described in subpart E of part 52 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act).“(14) The term ‘technology-inclusive regulatory framework’ means a regulatory framework developed using methods of evaluation that are flexible and practicable for application to a variety of reactor technologies, including, where appropriate, the use of risk-informed and performance-based techniques and other tools and methods.“(15) The term ‘topical report’ means a document submitted to the Commission that addresses a technical topic related to nuclear reactor safety or design.”
[Pub. L. 118–67, div. B, title II, §§ 201(a), (e), 205(b)(2), title V, § 503(c),
[“In this Act [see Short Title of 2019 Amendment note set out under section 2011 of this title]:
[“(1)
[“(A) additional inherent safety features;
[“(B) significantly lower levelized cost of electricity;
[“(C) lower waste yields;
[“(D) greater fuel utilization;
[“(E) enhanced reliability;
[“(F) increased proliferation resistance;
[“(G) increased thermal efficiency; or
[“(H) ability to integrate into electric and nonelectric applications.
[“(2)
[“(3)
[“(4)
[“(5)
[“(6)
[“(7)
[“(8)
[“(9)
[“(A) assesses preliminary design information for consistency with applicable regulatory requirements of the Commission;
[“(B) is performed on a set of topic areas agreed to in the licensing project plan; and
[“(C) is performed at a cost and schedule agreed to in the licensing project plan.
[“(10)
[“(A)
[“(B)
[“(i) costs for rent and utilities relating to any and all space in the Three White Flint North building that is not occupied by the Commission; or
[“(ii) costs for salaries, travel, and other support for the Office of the Commission.
[“(11)
[“(12)
[“(A) the full-time equivalent rate (within the meaning of the document of the Commission entitled ‘FY 2023 Final Fee Rule Work Papers’ (or a successor document)) for mission-direct program salaries and benefits for a fiscal year; by
[“(B) the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in subparagraph (A) (or a successor document).
[“(13)
[“(A) the interactions between an applicant and the Commission; and
[“(B) project schedules and deliverables in specific detail to support long-range resource planning undertaken by the Commission and an applicant.
[“(14)
[“(15)
[“(16)
[“(17)
[“(A) the processing of applications for—
[“(i) design certifications or approvals;
[“(ii) licenses;
[“(iii) permits;
[“(iv) license amendments;
[“(v) license renewals;
[“(vi) certificates of compliance; and
[“(vii) power uprates; and
[“(B) any other activity requested by a licensee or applicant.
[“(18)
[“(A)
[“(i) falls within the licensing and related regulatory authority of the Commission under section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842); and
[“(ii) is useful in the conduct of research and development activities as licensed under section 104 c. of the Atomic Energy Act [of 1954] (42 U.S.C. 2134(c)).
[“(B)
[“(19)
[“(20)
[“(21)
[“(22)