1
See References in Text note below.
References in Text
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, Jan. 14, 2019, [132 Stat. 5571]. Subsec. (a) of [section 103 of Pub. L. 115–439] enacted provisions set out as a note under section 2133 of this title. Subsecs. (b) to (e) of [section 103 of Pub. L. 115–439] are not classified to the Code.
Section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, referred to in subsec. (b)(1)(B)(vii), is [section 327(d) of Pub. L. 115–232], div. A, title III, Aug. 13, 2018, [132 Stat. 1722], which is not classified to the Code.
Section 3, referred to in subsec. (b)(2)(B), is [section 3 of Pub. L. 115–439], which is set out as a note below.
Codification
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.
Amendments
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).
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
[Pub. L. 118–67, div. B, title I, § 101(c)(2)], July 9, 2024, [138 Stat. 1451], provided that: “The amendments made by paragraph (1) [amending this section] shall take effect on October 1, 2025.”
[Pub. L. 118–67, div. B, title II, § 201(e)], July 9, 2024, [138 Stat. 1457], provided that: “The amendments made by this section [amending this section and provisions set out as a note below] shall take effect on October 1, 2025.”
[Pub. L. 118–67, div. B, title II, § 204(b)], July 9, 2024, [138 Stat. 1460], provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2025.”
Purpose
[Pub. L. 115–439, § 2], Jan. 14, 2019, [132 Stat. 5565], provided that: “The purpose of this Act [see Short Title of 2019 Amendment note set out under section 2011 of this title] is to provide—“(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.]
Definitions
[Pub. L. 115–439, § 3], Jan. 14, 2019, [132 Stat. 5565], as amended by [Pub. L. 118–67, div. B, title II], §§ 201(a), 205(b)(2), title V, § 503(c), July 9, 2024, [138 Stat. 1455], 1461, 1476, provided that: “In this Act [see Short Title of 2019 Amendment note set out under section 2011 of this title]:“(1)
Advanced nuclear reactor.—
The term ‘advanced nuclear reactor’ means a nuclear fission reactor or fusion machine, 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 [Jan. 14, 2019])), with significant improvements compared to commercial nuclear reactors under construction as of the date of enactment of this Act, including improvements such as—
“(A)
additional inherent safety features;
“(B)
significantly lower levelized cost of electricity;
“(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)
Advanced nuclear reactor applicant.—
The term ‘advanced nuclear reactor applicant’ means an entity that has submitted to the Commission an application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 (
42 U.S.C. 2011 et seq.).
“(3)
Advanced nuclear reactor fuel.—
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.
“(4)
Advanced nuclear reactor pre-applicant.—
The term ‘advanced nuclear reactor pre-applicant’ means an entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 (
42 U.S.C. 2011 et seq.).
“(5)
Agency support.—
The term ‘agency support’ has the meaning given the term ‘agency support (corporate support and the IG)’ in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation).
“(6)
Agreement state.—
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)).
“(7)
Appropriate congressional committees.—
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.
“(8)
Commission.—
The term ‘Commission’ means the Nuclear Regulatory Commission.
“(9)
Conceptual design assessment.—
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.
“(10)
Corporate support costs.—
“(A)
In general.—
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.
“(B)
Exclusions.—
The term ‘corporate support costs’ does not include—
“(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)
Fusion machine.—
The term ‘fusion machine’ has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (
42 U.S.C. 2014).
“(12)
Hourly rate for mission-direct program salaries and benefits.—
The term ‘hourly rate for mission-direct program salaries and benefits’ means the quotient obtained by dividing—
“(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)
Licensing project plan.—
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.
“(14)
Mission-direct program salaries and benefits.—
The term ‘mission-direct program salaries and benefits’ means the resources of the Commission that are allocated to the Nuclear Reactor Safety Program (as determined by the Commission) to perform core work activities committed to fulfilling the mission of the Commission, as described in the document of the Commission entitled ‘FY 2023 Final Fee Rule Work Papers’ (or a successor document).
“(15)
Mission-indirect program support.—
The term ‘mission-indirect program support’ has the meaning given the term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation).
“(16)
Regulatory framework.—
The term ‘regulatory framework’ means the framework for reviewing requests for certifications, permits, approvals, and licenses for nuclear reactors.
“(17)
Requested activity of the commission.—
The term ‘requested activity of the Commission’ means—
“(A)
the processing of applications for—
“(i)
design certifications or approvals;
“(iv)
license amendments;
“(vi)
certificates of compliance; and
“(vii)
power uprates; and
“(B)
any other activity requested by a licensee or applicant.
“(18)
Research and test reactor.—
“(A)
In general.—
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)
Exclusion.—
The term ‘research and test reactor’ does not include a commercial nuclear reactor.
“(19)
Secretary.—
The term ‘Secretary’ means the Secretary of Energy.
“(20)
Standard design approval.—
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).
“(21)
Technology-inclusive regulatory framework.—
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.
“(22)
Topical report.—
The term ‘topical report’ means a document submitted to the Commission that addresses a technical topic related to nuclear reactor safety or design.”