Sec. 3. Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter

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In the annual budget justification submitted by the Commission to Congress, the Commission shall expressly identify anticipated expenditures necessary for completion of the requested activities of the Commission anticipated to occur during the applicable fiscal year. The Commission shall, to the maximum extent practicable, use any funds made available to the Commission for a fiscal year for the anticipated expenditures identified under paragraph

(1)for the fiscal year. With respect to the annual budget justification submitted to Congress, corporate support costs, to the maximum extent practicable, shall not exceed the following percentages of the total budget authority of the Commission requested in the annual budget justification: 30 percent for each of fiscal years 2021 and 2022. 29 percent for each of fiscal years 2023 and 2024. 28 percent for fiscal year 2025 and each fiscal year thereafter. Each fiscal year, the Commission shall assess and collect fees and charges in accordance with paragraphs

(2)and

(3)in a manner that ensures that, to the maximum extent practicable, the amount assessed and collected is equal to an amount that approximates— the total budget authority of the Commission for that fiscal year; less the budget authority of the Commission for the activities described in subparagraph (B). The activities referred to in subparagraph (A)(ii) are the following: Any fee-relief activity, as identified by the Commission. Amounts appropriated for the fiscal year to the Commission— from the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(c) ); for implementation of section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2601 note; Public Law 108–375 ); for the homeland security activities of the Commission (other than for the costs of fingerprinting and background checks required under section 149 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2169 ) and the costs of conducting security inspections); for the Inspector General services of the Commission provided to the Defense Nuclear Facilities Safety Board; for the partnership program with institutions of higher education established under section 244 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2015c ); and for the scholarship and fellowship programs under section 243 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2015b ). Costs for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies (which may not exceed $10,300,000). The exclusion described in subparagraph (B)(iii) shall cease to be effective on January 1, 2026. Not later than December 31, 2023, 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 (B)(iii). In accordance with section 9701 of title 31, United States Code, 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. Subject to subparagraph

(B)and except as provided in subparagraph (D), 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 (2). The annual charge under subparagraph

(A)charged to an operating reactor licensee, to the maximum extent practicable, shall not exceed the annual fee amount per operating reactor licensee established in the final rule of the Commission entitled Revision of Fee Schedules; Fee Recovery for Fiscal Year 2015 (80 Fed. Reg. 37432 (June 30, 2015)), 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 Labor. The total annual charges under subparagraph

(A)charged to fuel facility licensees, to the maximum extent practicable, 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 Schedules; Fee Recovery for Fiscal Year 2016 (81 Fed Reg. 41171 (June 24, 2016)), 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 Labor. Subclause

(I)shall not apply if the number of licensed facilities classified by the Commission as fuel facilities exceeds seven. Any change in an annual charge under subparagraph

(A)charged to a fuel facility licensee shall be based on— a change in the regulatory services provided with respect to the fuel facility; or an adjustment described in subclause (I). The Commission may waive, for a period of 1 year, the cap on annual charges described in clause

(i)or

(ii)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 Commission. The Commission shall establish by rule a schedule of annual charges fairly and equitably allocating the aggregate amount of charges described in clause

(ii)among licensees and certificate holders. For purposes of this subparagraph, the aggregate amount of charges for a fiscal year shall equal an amount that approximates— the amount to be collected under paragraph (1)(A) for the fiscal year; less the amount of fees to be collected under paragraph

(2)for the fiscal year. The schedule of charges under clause (i)— to the maximum extent practicable, shall be reasonably related to the cost of providing regulatory services; and may be based on the allocation of the resources of the Commission among licensees or certificate holders or classes of licensees or certificate holders. Subparagraph

(A)shall not apply to the holder of any license for a federally owned research reactor used primarily for educational training and academic research purposes. The Commission shall develop for the requested activities of the Commission— performance metrics; and milestone schedules. 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 (1), the Executive Director for Operations of the Commission shall, not later than 30 days after such required completion date, inform the Commission of the delay. If a final safety evaluation described in paragraph

(2)is not completed by the date that is 180 days after the completion date required by the performance metrics or milestone schedule under paragraph (1), 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 delay, including a detailed explanation accounting for the delay and a plan for timely completion of the final safety evaluation. With respect to invoices for fees charged under subsection (b)(2), the Commission shall— ensure appropriate review and approval prior to the issuance of invoices; develop and implement processes to audit invoices to ensure accuracy, transparency, and fairness; and 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 fees. Not later than September 30, 2022, 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 section, including any effects of such implementation and recommendations for improvement. In this section: 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), with significant improvements compared to commercial nuclear reactors under construction as of the date of enactment of this Act, including improvements such as— additional inherent safety features; significantly lower levelized cost of electricity; lower waste yields; greater fuel utilization; enhanced reliability; increased proliferation resistance; increased thermal efficiency; or ability to integrate into electric and nonelectric applications. The term Commission means the Nuclear Regulatory Commission. 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. The term research reactor means a nuclear reactor that— is licensed by the Commission under section 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) for operation at a thermal power level of not more than 10 megawatts; and if so licensed for operation at a thermal power level of more than 1 megawatt, does not contain— a circulating loop through the core in which the licensee conducts fuel experiments; a liquid fuel loading; or an experimental facility in the core in excess of 16 square inches in cross-section. The term requested activity of the Commission means— the processing of applications for— design certifications or approvals; licenses; permits; license amendments; license renewals; certificates of compliance; and power uprates; and any other activity requested by a licensee or applicant. This section takes effect on October 1, 2020.

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