Sec. 61012. NRC USER FEES AND ANNUAL CHARGES

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## SEC. 61012 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, United States Code, 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)1 Annual Charges 1Section 2903(c) of Pub. L. 102–486 (106 Stat. 3125; 42 U.S.C. 2214 note) enacted on Oct. 24, 1992, provides as follows: ``(c) Policy Review.—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, 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)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 general The 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 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) 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 of the Nuclear Energy Innovation and Modernization Act. #####

(B)Percentages The 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 and fiscal year 2006. ####

(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 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) 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)Definition As used in this section, the term “**Nuclear Waste Fund**” means the fund established pursuant to section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)). ###

(e)Conforming Amendment to COBRA **[**[42 U.S.C. 2214](/us/usc/t42/s2214)**]** 2Section 101(b) of Public Law 115-439 repeals section 6101 effective October 1, 2020. * * * * * * * ## Subtitle C Amendments to Coastal Zone Management Act of 1972

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