42 U.S.C. § 2215 — Nuclear Regulatory Commission user fees

Page 5519 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2215 as a result of civil insurrection. The President may authorize, under such terms and conditions as he may direct, the payment of such claims or judgments from any contingency funds available to the Government or may certify such claims or judgments to the Congress for appropriation of the necessary funds. (Pub. L. 93–513, Dec. 6, 1974, 88 Stat. 1611.) Editorial Notes CODIFICATION Section was not enacted as part of the Atomic En- ergy Act of 1954 which comprises this chapter. Executive Documents EX. ORD. NO. 11918. COMPENSATION FOR DAMAGES IN- VOLVING NUCLEAR REACTORS OF UNITED STATES WAR- SHIPS Ex. Ord. No. 11918, eff. June 1, 1976, 41 F.R. 22329, pro- vided: By virtue of the authority vested in me by the joint resolution approved December 6, 1974 (Public Law 93–513, 88 Stat. 1610, 42 U.S.C. 2211), and by section 301 of title 3 of the United States Code, and as President of the United States of America, in order that prompt, adequate and effective compensation will be provided in the unlikely event of injury or damage resulting from a nuclear incident involving the nuclear reactor of a United States warship, it is hereby ordered as fol- lows: SECTION 1. (a) With respect to the administrative set- tlement of claims or judgments for bodily injury, death, or damage to or loss of real or personal property proven to have resulted from a nuclear incident involv- ing the nuclear reactor of a United States warship, the Secretary of Defense is designated and empowered to authorize, in accord with Public Law 93–513 [this sec- tion], the payment, under such terms and conditions as he may direct, of such claims and judgments from con- tingency funds available to the Department of Defense. (b) The Secretary of Defense shall, when he considers such action appropriate, certify claims or judgments described in subsection (a) and transmit to the Director of the Office of Management and Budget his rec- ommendation with respect to appropriation by the Con- gress of such additional sums as may be necessary. SEC. 2. The provisions of section 1 shall not be deemed to replace, alter, or diminish, the statutory and other functions vested in the Attorney General, or the head of any other agency, with respect to litigation against the United States and judgments and com- promise settlements arising therefrom. SEC. 3. The functions herein delegated shall be exer- cised in consultation with the Secretary of State in the case of any incident giving rise to a claim of a foreign country or national thereof, and international negotia- tions relating to Public Law 93–513 [this section], shall be performed by or under the authority of the Sec- retary of State. GERALD R. FORD. § 2212. Transferred Editorial Notes CODIFICATION Section, Pub. L. 101–510, div. C, title XXXI, § 3141, Nov. 5, 1990, 104 Stat. 1837, which related to contractor liability for injury or loss of property arising out of atomic weapons testing programs, was renumbered sec- tion 4803 of Pub. L. 107–314, the Bob Stump National De- fense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1783, and transferred to section 2783 of Title 50, War and National Defense. PRIOR PROVISIONS A prior section 2212, Pub. L. 98–525, title XVI, § 1631, Oct. 19, 1984, 98 Stat. 2646, related to contractor liabil- ity for injury or loss of property arising out of atomic weapons testing programs, prior to repeal by Pub. L. 101–426, § 13, as added Pub. L. 101–510, div. C, title XXXI, § 3140, Nov. 5, 1990, 104 Stat. 1837. § 2213. Repealed. Pub. L. 109–58, title VI, § 637(b), Aug. 8, 2005, 119 Stat. 791 Section, Pub. L. 99–272, title VII, § 7601, Apr. 7, 1986, 100 Stat. 146; Pub. L. 100–203, title V, § 5601, Dec. 22, 1987, 101 Stat. 1330–275; Pub. L. 101–239, title III, § 3201, Dec. 19, 1989, 103 Stat. 2132; Pub. L. 101–508, title VI, § 6101(e), Nov. 5, 1990, 104 Stat. 1388–299, related to assessment and collection of annual charges from Nuclear Regu- latory Commission licensees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 109–58, title VI, § 637(c), Aug. 8, 2005, 119 Stat. 791, provided that: ‘‘The amendments made by this sec- tion [amending section 2214 of this title and repealing this section] take effect on October 1, 2006.’’ § 2214. Repealed. Pub. L. 115–439, title I, § 101(b), Jan. 14, 2019, 132 Stat. 5568 Section, Pub. L. 101–508, title VI, § 6101, Nov. 5, 1990, 104 Stat. 1388–298; Pub. L. 102–486, title XXIX, § 2903(a), Oct. 24, 1992, 106 Stat. 3125; Pub. L. 103–66, title VII, § 7001, Aug. 10, 1993, 107 Stat. 401; Pub. L. 105–245, title V, § 505, Oct. 7, 1998, 112 Stat. 1856; Pub. L. 106–60, title VI, § 604, Sept. 29, 1999, 113 Stat. 501; Pub. L. 106–377, § 1(a)(2) [title VIII], Oct. 27, 2000, 114 Stat. 1441, 1441A–86; Pub. L. 109–58, title VI, § 637(a), Aug. 8, 2005, 119 Stat. 791; Pub. L. 109–103, title IV, Nov. 19, 2005, 119 Stat. 2283; Pub. L. 115–439, title I, § 101(a), Jan. 14, 2019, 132 Stat. 5567, related to NRC user fees and annual charges. See section 2215 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 115–439, title I, § 101(b), Jan. 14, 2019, 132 Stat. 5568, provided that: ‘‘Effective October 1, 2020, section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is repealed.’’ § 2215. Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter (a) Annual budget justification (1) In general In the annual budget justification submitted by the Commission to Congress, the Commis- sion shall expressly identify anticipated ex- penditures necessary for completion of the re- quested activities of the Commission antici- pated to occur during the applicable fiscal year. (2) Restriction Budget authority granted to the Commission for purposes of the requested activities of the Commission shall be used, to the maximum extent practicable, solely for conducting re- quested activities of the Commission. (3) Limitation on corporate support costs With respect to the annual budget justifica- tion submitted to Congress, corporate support costs, to the maximum extent practicable, Page 5520 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2215 1 See References in Text note below. shall not exceed the following percentages of the total budget authority of the Commission requested in the annual budget justification: (A) 30 percent for each of fiscal years 2021 and 2022. (B) 30 percent for fiscal year 2025 and each fiscal year thereafter. (b) Fees and charges (1) Annual assessment (A) In general Each fiscal year, the Commission shall as- sess and collect fees and charges in accord- ance with paragraphs (2) and (3) in a manner that ensures that, to the maximum extent practicable, the amount assessed and col- lected is equal to an amount that approxi- mates— (i) the total budget authority of the Commission for that fiscal year; less (ii) the budget authority of the Commis- sion for the activities described in sub- paragraph (B). (B) Excluded activities described The activities referred to in subparagraph (A)(ii) are the following: (i) Any fee relief activity, as identified by the Commission. (ii) Amounts appropriated for a fiscal year to the Commission— (I) from the Nuclear Waste Fund estab- lished under section 10222(c) of this title; (II) for implementation of section 3116 of the Ronald W. Reagan National De- fense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2601 note; 1 Public Law 108–375); (III) for the homeland security activi- ties of the Commission (other than for the costs of fingerprinting and back- ground checks required under section 2169 of this title and the costs of con- ducting security inspections); (IV) for the Inspector General services of the Commission provided to the De- fense Nuclear Facilities Safety Board; (V) for research and development at universities in areas relevant to the mis- sion of the Commission; and (VI) for a nuclear science and engineer- ing grant program that will support multiyear projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering. (iii) Costs for activities related to the de- velopment of regulatory infrastructure for advanced nuclear reactor technologies, in- cluding activities required under section 103.1 (C) Exception The exclusion described in subparagraph (B)(iii) shall cease to be effective on January 1, 2031. (D) Report Not later than December 31, 2029, the Com- mission shall submit to the Committee on Appropriations and the Committee on Envi- ronment 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 contin- ued appropriateness and necessity of the funding described in subparagraph (B)(iii). (2) Fees for service or thing of value 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. (3) Annual charges (A) In general Subject to subparagraph (B) and except as provided in subparagraph (D), the Commis- sion may charge to any licensee or certifi- cate holder of the Commission an annual charge in addition to the fees assessed and collected under paragraph (2). (B) Cap on annual charges of certain licens- ees (i) Operating reactors The annual charge under subparagraph (A) charged to an operating reactor li- censee, to the maximum extent prac- ticable, shall not exceed the annual fee amount per operating reactor licensee es- tablished in the final rule of the Commis- sion entitled ‘‘Revision of Fee Schedules; Fee Recovery for Fiscal Year 2015’’ (80 Fed. Reg. 37432 (June 30, 2015)), as may be ad- justed annually by the Commission to re- flect changes in the Consumer Price Index published by the Bureau of Labor Statis- tics of the Department of Labor. (ii) Waiver The Commission may waive, for a period of 1 year, the cap on annual charges de- scribed in clause (i) if the Commission sub- mits to the Committee on Appropriations and the Committee on Environment and Public Works of the Senate and the Com- mittee on Appropriations and the Com- mittee on Energy and Commerce of the House of Representatives a written deter- mination that the cap on annual charges may compromise the safety and security mission of the Commission. (C) Amount per licensee (i) In general The Commission shall establish by rule a schedule of annual charges fairly and equi- tably allocating the aggregate amount of charges described in subparagraph (A) among licensees and certificate holders. (ii) Requirement The schedule of annual charges under clause (i)— (I) to the maximum extent practicable, shall be reasonably related to the cost of providing regulatory services; and (II) may be based on the allocation of the resources of the Commission among Page 5521 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2215 licensees or certificate holders or classes of licensees or certificate holders. (D) Exemption (i) Definition of research reactor In this subparagraph, the term ‘‘research reactor’’ means a nuclear reactor that— (I) is licensed by the Commission under section 2134(c) of this title for operation at a thermal power level of not more than 10 megawatts; and (II) if licensed under subclause (I) for operation at a thermal power level of more than 1 megawatt, does not con- tain— (aa) a circulating loop through the core in which the licensee conducts fuel experiments; (bb) a liquid fuel loading; or (cc) an experimental facility in the core in excess of 16 square inches in cross-section. (ii) Exemption Subparagraph (A) shall not apply to the holder of any license for a federally owned research reactor used primarily for edu- cational training and academic research purposes. (c) Performance and reporting (1) In general Not later than 180 days after January 14, 2019, the Commission shall develop for the re- quested activities of the Commission— (A) performance metrics; and (B) milestone schedules. (2) Delays in issuance of final safety evaluation The Executive Director for Operations of the Commission shall inform the Commission of a delay in issuance of the final safety evaluation for a requested activity of the Commission by the completion date required by the perform- ance metrics or milestone schedule under paragraph (1) by not later than 30 days after the completion date. (3) Delays in issuance of final safety evaluation exceeding 90 days If the final safety evaluation for the re- quested activity of the Commission described in paragraph (2) is not completed by the date that is 90 days after the completion date re- quired by the performance metrics or mile- stone schedule under paragraph (1), the Com- mission shall submit to the appropriate con- gressional committees a timely report describ- ing the delay, including a detailed explanation accounting for the delay and a plan for timely completion of the final safety evaluation. (4) Periodic updates to metrics and schedules (A) Review and assessment Not less frequently than once every 3 years, the Commission shall review and as- sess, based on the licensing and regulatory activities of the Commission, the perform- ance metrics and milestone schedules estab- lished under paragraph (1). (B) Revisions After each review and assessment under subparagraph (A), the Commission shall re- vise and improve, as appropriate, the per- formance metrics and milestone schedules described in that subparagraph to provide the most efficient metrics and schedules rea- sonably achievable. (d) Accurate invoicing With respect to invoices for fees described in subsection (b)(2), the Commission shall— (1) ensure appropriate review and approval prior to the issuance of invoices; (2) develop and implement processes to audit invoices to ensure accuracy, transparency, and fairness; and (3) modify regulations to ensure fair and ap- propriate processes to provide licensees and applicants an opportunity to efficiently dis- pute or otherwise seek review and correction of errors in invoices for those fees. (e) Report Not later than September 30, 2021, the Com- mission shall submit to the Committee on Ap- propriations and the Committee on Environ- ment and Public Works of the Senate and the Committee on Appropriations and the Com- mittee on Energy and Commerce of the House of Representatives a report describing the imple- mentation of this section, including any impacts and recommendations for improvement. (f) Effective date Except as provided in subsection (c), this sec- tion takes effect on October 1, 2020. (Pub. L. 115–439, title I, § 102, Jan. 14, 2019, 132 Stat. 5568; Pub. L. 118–67, div. B, title I, § 101(c)(1), title II, §§ 201(b)–(d), 204(a), title V, §§ 503(b), 504, July 9, 2024, 138 Stat. 1450, 1456, 1460, 1476, 1477.) AMENDMENT OF SECTION Pub. L. 118–67, div. B, title I, § 101(c), July 9, 2024, 138 Stat. 1450, provided that, effective Oct. 1, 2025, this section is amended as follows: (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), July 9, 2024, 138 Stat. 1456, 1457, provided that, effective Oct. 1, 2025, this section is amended as follows: (1) in subsection (b)— (A) in paragraph (1)(B), by adding at the end the following: ‘‘(v) The total costs of mission-indirect pro- gram support and agency support that, under paragraph (2)(B), may not be included in the hourly rate charged for fees assessed and col- lected from advanced nuclear reactor appli- cants. Page 5522 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2215 ‘‘(vi) The total costs of mission-indirect pro- gram support and agency support that, under paragraph (2)(C), may not be included in the hourly rate charged for fees assessed and col- lected from advanced nuclear reactor pre-ap- plicants.’’; 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 nu- clear 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 September 30, 2030.’’ See 2024 Amendment notes below. Pub. L. 118–67, div. B, title II, § 204, July 9, 2024, 138 Stat. 1460, provided that, effective Oct. 1, 2025, sub- section (b)(1)(B) of this section is amended by adding at the end the following: ‘‘(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 suc- cessor regulation)) to demonstrate an ad- vanced nuclear reactor on a Department of Energy site or critical national security in- frastructure (as defined in section 327(d) of the John S. McCain National Defense Au- thorization 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 dem- onstrate an advanced nuclear reactor on a Department of Energy site or critical na- tional security infrastructure (as defined in section 327(d) of the John S. McCain Na- tional Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1722)) site.’’ See 2024 Amendment note below. Editorial Notes REFERENCES IN TEXT Section 3116 of the Ronald W. Reagan National De- fense 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 sec- tion 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. CODIFICATION Section was enacted as part of the Nuclear Energy In- novation and Modernization Act, and not as part of the Atomic Energy Act of 1954 which comprises this chap- ter. 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 ef- fect 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, pro- vided 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 regu- latory 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 with- out burdening existing licensees unfairly for inac- curate workload projections or premature existing reactor closures; and Page 5523 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2215 ‘‘(3) more efficient regulation of uranium recov- ery.’’ [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 ‘ad- vanced nuclear reactor’ means a nuclear fission or fu- sion 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 [Jan. 14, 2019])), with significant improve- ments 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 elec- tricity; ‘‘(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 non- electric applications. ‘‘(2) ADVANCED NUCLEAR REACTOR FUEL.—The term ‘advanced nuclear reactor fuel’ means fuel for use in an advanced nuclear reactor or a research and test re- actor, including fuel with a low uranium enrichment level of not greater than 20 percent. ‘‘(3) 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)). ‘‘(4) 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 Com- merce of the House of Representatives. ‘‘(5) COMMISSION.—The term ‘Commission’ means the Nuclear Regulatory Commission. ‘‘(6) 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 require- ments 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) CORPORATE SUPPORT COSTS.—The term ‘cor- porate support costs’ means expenditures for acquisi- tions, administrative services, financial manage- ment, human resource management, information management, information technology, policy sup- port, outreach, and training, as those categories are described and calculated in Appendix A of the Con- gressional Budget Justification for Fiscal Year 2018 of the Commission. ‘‘(8) 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 un- dertaken by the Commission and an applicant. ‘‘(9) REGULATORY FRAMEWORK.—The term ‘regu- latory framework’ means the framework for review- ing requests for certifications, permits, approvals, and licenses for nuclear reactors. ‘‘(10) REQUESTED ACTIVITY OF THE COMMISSION.—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) RESEARCH AND TEST REACTOR.— ‘‘(A) IN GENERAL.—The term ‘research and test re- actor’ means a reactor that— ‘‘(i) falls within the licensing and related regu- latory 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 de- velopment 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 re- actor’ does not include a commercial nuclear reac- tor. ‘‘(12) SECRETARY.—The term ‘Secretary’ means the Secretary of Energy. ‘‘(13) STANDARD DESIGN APPROVAL.—The term ‘standard design approval’ means the approval of a final standard design or a major portion of a final de- sign 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) TECHNOLOGY-INCLUSIVE REGULATORY FRAME- WORK.—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) 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.’’ [Pub. L. 118–67, div. B, title II, §§ 201(a), (e), 205(b)(2), title V, § 503(c), July 9, 2024, 138 Stat. 1455, 1457, 1461, 1476, made various amendments to section 3 of Pub. L. 115–439, set out above, effective on Oct. 1, 2025. After such effective date, section 3 of Pub. L. 115–439 will read as follows: [‘‘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 sec- tions 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 com- mercial 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; [‘‘(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) 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 ‘ad- vanced nuclear reactor fuel’ means fuel for use in an ad- vanced nuclear reactor or a research and test reactor, in- cluding 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 Page 5524 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2221 entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future appli- cation 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 Com- mittee 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 ‘concep- tual 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 man- agement, information management, information tech- nology, 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 ob- tained by dividing— [‘‘(A) the full-time equivalent rate (within the mean- ing of the document of the Commission entitled ‘FY 2023 Final Fee Rule Work Papers’ (or a successor docu- ment)) 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 estab- lished 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 under- taken 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 com- mitted to fulfilling the mission of the Commission, as de- scribed in the document of the Commission entitled ‘FY 2023 Final Fee Rule Work Papers’ (or a successor docu- ment). [‘‘(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 Regu- lations (or any successor regulation). [‘‘(16) Regulatory framework.—The term ‘regulatory framework’ means the framework for reviewing requests for certifications, permits, approvals, and licenses for nu- clear 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; [‘‘(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) Research and test reactor.— [‘‘(A) In general.—The term ‘research and test reac- tor’ means a reactor that— [‘‘(i) falls within the licensing and related regu- latory 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 devel- opment 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 reac- tor’ does not include a commercial nuclear reactor. [‘‘(19) Secretary.—The term ‘Secretary’ means the Sec- retary 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 Fed- eral 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 appli- cation to a variety of reactor technologies, including, where appropriate, the use of risk-informed and perform- ance-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 de- sign.’’] SUBCHAPTER XIV—COMPENSATION FOR PRIVATE PROPERTY ACQUIRED § 2221. Just compensation for requisitioned prop- erty The United States shall make just compensa- tion for any property or interests therein taken or requisitioned pursuant to sections 2063, 2075, 2096, and 2138 of this title. Except in case of real property or any interest therein, the Commis- sion shall determine and pay such just com- pensation. If the compensation so determined is unsatisfactory to the person entitled thereto, such person shall be paid 75 per centum of the amount so determined, and shall be entitled to sue the United States in the United States Court of Federal Claims or in any district court of the United States for the district in which such claimant is a resident in the manner provided by section 1346 of title 28 to recover such further sum as added to said 75 per centum will con- stitute just compensation. (Aug. 1, 1946, ch. 724, title I, § 171, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952; amended Pub. L. 88–489, § 17, Aug. 26, 1964, 78 Stat. 606; Pub. L. 97–164, title I, § 160(a)(16), Apr. 2, 1982, 96 Stat. 48;