---
kind: "section"
citation: "42 U.S.C. § 2215"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2215"
heading: "Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2215"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XIII — General Authority of Commission"
---

# §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](/usc/42/2014.md?p=f) to Congress, the [Commission](/usc/42/2014.md?p=f) shall expressly identify anticipated expenditures necessary for completion of the requested activities of the [Commission](/usc/42/2014.md?p=f) anticipated to occur during the applicable fiscal year.
  - (2) **Restriction—** Budget authority granted to the [Commission](/usc/42/2014.md?p=f) for purposes of the requested activities of the [Commission](/usc/42/2014.md?p=f) shall be used, to the maximum extent practicable, solely for conducting requested activities of the [Commission](/usc/42/2014.md?p=f).
  - (3) **Limitation on corporate support costs—** 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](/usc/42/2014.md?p=f) 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.
  - (4) **International nuclear export and innovation activities—** The [Commission](/usc/42/2014.md?p=f) shall identify in the annual budget justification international nuclear export and innovation activities described in [section 2155b(a) of this title](/usc/42/2155b.md?p=a).
- (b) **Fees and charges—**
  - (1) **Annual assessment—**
    - (A) **In general—** Each fiscal year, the [Commission](/usc/42/2014.md?p=f) shall assess and collect fees and charges in accordance with paragraphs [(2)](#b-2) and [(3)](#b-3) in a manner that ensures that, to the maximum extent practicable, the amount assessed and collected is equal to an amount that approximates—
      - (i) the total budget authority of the [Commission](/usc/42/2014.md?p=f) for that fiscal year; less
      - (ii) the budget authority of the [Commission](/usc/42/2014.md?p=f) for the activities described in [subparagraph (B)](#b-1-B).
    - (B) **Excluded activities described—** The activities referred to in [subparagraph (A)(ii)](#b-1-A-ii) are the following:
      - (i) Any fee relief activity, as identified by the [Commission](/usc/42/2014.md?p=f).
      - (ii) Amounts appropriated for a fiscal year to the [Commission](/usc/42/2014.md?p=f)—
        - (I) from the Nuclear Waste Fund established under [section 10222(c) of this title](/usc/42/10222.md?p=c);
        - (II) for implementation of section 3116[^1] of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ([50 U.S.C. 2601](/usc/50/2601.md) note; Public Law 108–375);
        - (III) for the homeland security activities of the [Commission](/usc/42/2014.md?p=f) (other than for the costs of fingerprinting and background checks required under [section 2169 of this title](/usc/42/2169.md) and the costs of conducting security inspections);
        - (IV) for the Inspector General services of the [Commission](/usc/42/2014.md?p=f) provided to the Defense Nuclear Facilities Safety Board;
        - (V) for [research and development](/usc/42/2014.md?p=x) at universities in areas relevant to the mission of the [Commission](/usc/42/2014.md?p=f); and
        - (VI) for a nuclear science and engineering grant program that will support multiyear [projects](/usc/42/13641.md?p=2) 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 development of regulatory infrastructure for advanced nuclear reactor technologies, including activities required under section 103.[^1]
      - (iv) Costs for international nuclear export and innovation activities described in [section 2155b(a) of this title](/usc/42/2155b.md?p=a).
      - (v) The total costs of mission-indirect program support and [agency](/usc/42/2231.md?p=a) support that, under [paragraph (2)(B)](#b-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](/usc/42/2231.md?p=a) support that, under [paragraph (2)(C)](#b-2-C), may not be included in the hourly rate charged for fees assessed and collected from advanced nuclear reactor pre-applicants.
      - (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.
    - (C) **Exception—** The exclusion described in [subparagraph (B)(iii)](#b-1-B-iii) shall cease to be effective on January 1, 2031.
    - (D) **Report—** Not later than December 31, 2029, the [Commission](/usc/42/2014.md?p=f) 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](/usc/42/2014.md?p=f) on the continued appropriateness and necessity of the funding described in [subparagraph (B)(iii)](#b-1-B-iii).
  - (2) **Fees for service or thing of value—**
    - (A) **In general—** In accordance with [section 9701 of title 31](/usc/31/9701.md), the [Commission](/usc/42/2014.md?p=f) shall assess and collect fees from any [person](/usc/42/2014.md?p=s) who receives a service or thing of value from the [Commission](/usc/42/2014.md?p=f) to cover the costs to the [Commission](/usc/42/2014.md?p=f) 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](/usc/42/13641.md?p=2) plan of an advanced nuclear reactor pre-applicant may not exceed the hourly rate for mission-direct program salaries and benefits.
  - (3) **Annual charges—**
    - (A) **In general—** Subject to [subparagraph (B)](#b-3-B) and except as provided in [subparagraph (D)](#b-3-D), the [Commission](/usc/42/2014.md?p=f) may charge to any licensee or certificate holder of the [Commission](/usc/42/2014.md?p=f) an annual charge in addition to the fees assessed and collected under [paragraph (2)](#b-2).
    - (B) **Cap on annual charges of certain licensees—**
      - (i) **Operating reactors—** The annual charge under [subparagraph (A)](#b-3-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](/usc/42/2014.md?p=f) 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](/usc/42/2014.md?p=f) to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor.
      - (ii) **Waiver—** The [Commission](/usc/42/2014.md?p=f) may waive, for a period of 1 year, the cap on annual charges described in [clause (i)](#b-3-B-i) if the [Commission](/usc/42/2014.md?p=f) 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](/usc/42/2014.md?p=f).
    - (C) **Amount per licensee—**
      - (i) **In general—** The [Commission](/usc/42/2014.md?p=f) shall establish by rule a schedule of annual charges fairly and equitably allocating the aggregate amount of charges described in [subparagraph (A)](#b-3-A) among licensees and certificate holders.
      - (ii) **Requirement—** The schedule of annual charges under [clause (i)](#b-3-C-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](/usc/42/2021b.md?p=2) of the resources of the [Commission](/usc/42/2014.md?p=f) among 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](/usc/42/2014.md?p=f) under [section 2134(c) of this title](/usc/42/2134.md?p=c) for operation at a thermal power level of not more than 10 megawatts; and
        - (II) if licensed under [subclause (I)](#b-3-D-i-I) for operation at a thermal power level of more than 1 megawatt, does not contain—
          - (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)](#b-3-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.
- (c) **Performance and reporting—**
  - (1) **In general—** Not later than 180 days after January 14, 2019, the [Commission](/usc/42/2014.md?p=f) shall develop for the requested activities of the [Commission](/usc/42/2014.md?p=f)—
    - (A) performance metrics; and
    - (B) milestone schedules.
  - (2) **Delays in issuance of final safety evaluation—** The Executive [Director](/usc/42/11851.md?p=5) for Operations of the [Commission](/usc/42/2014.md?p=f) shall inform the [Commission](/usc/42/2014.md?p=f) of a delay in issuance of the final safety evaluation for a requested activity of the [Commission](/usc/42/2014.md?p=f) by the completion date required by the performance metrics or milestone schedule under [paragraph (1)](#c-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 requested activity of the [Commission](/usc/42/2014.md?p=f) described in [paragraph (2)](#c-2) is not completed by the date that is 90 days after the completion date required by the performance metrics or milestone schedule under [paragraph (1)](#c-1), the [Commission](/usc/42/2014.md?p=f) shall submit to the appropriate congressional committees 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.
  - (4) **Periodic updates to metrics and schedules—**
    - (A) **Review and assessment—** Not less frequently than once every 3 years, the [Commission](/usc/42/2014.md?p=f) shall review and assess, based on the licensing and regulatory activities of the [Commission](/usc/42/2014.md?p=f), the performance metrics and milestone schedules established under [paragraph (1)](#c-1).
    - (B) **Revisions—** After each review and assessment under [subparagraph (A)](#c-4-A), the [Commission](/usc/42/2014.md?p=f) shall revise and improve, as appropriate, the performance metrics and milestone schedules described in that subparagraph to provide the most efficient metrics and schedules reasonably achievable.
- (d) **Accurate invoicing—** With respect to invoices for fees described in [subsection (b)(2)](#b-2), the [Commission](/usc/42/2014.md?p=f) 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 appropriate processes to provide licensees and applicants an opportunity to efficiently dispute or otherwise seek review and correction of errors in invoices for those fees.
- (e) **Report—** Not later than September 30, 2021, the [Commission](/usc/42/2014.md?p=f) 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 impacts and recommendations for improvement.
- (f) **Effective date—** Except as provided in [subsection (c)](#c), this section takes effect on October 1, 2020.
- (g) **Cessation of effectiveness—** Paragraphs [(1)(B)(vi)](#b-1-B-vi) and [(2)(C)](#b-2-C) of subsection (b) shall cease to be effective on September 30, 2030.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

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), referred to in subsec. (b)(1)(B)(ii)(II), was formerly set out as a note under section 2602 of Title 50, War and National Defense, and was repealed and restated as section 6192 of Title 10, Armed Forces, by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(16), Dec. 18, 2025, 139 Stat. 1395, 1459.

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— a program to develop the expertise and regulatory processes necessary to allow innovation and the commercialization of advanced nuclear reactors; 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 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]: 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— 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. 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.). 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. 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.). 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). 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)). 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. Commission.—The term ‘Commission’ means the Nuclear Regulatory Commission. Conceptual design assessment.—The term ‘conceptual design assessment’ means an early-stage review by the Commission that— assesses preliminary design information for consistency with applicable regulatory requirements of the Commission; is performed on a set of topic areas agreed to in the licensing project plan; and is performed at a cost and schedule agreed to in the licensing project plan.Corporate support costs.— 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. Exclusions.—The term ‘corporate support costs’ does not include— 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 costs for salaries, travel, and other support for the Office of the Commission. 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). 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— 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 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). Licensing project plan.—The term ‘licensing project plan’ means a plan that describes— the interactions between an applicant and the Commission; and project schedules and deliverables in specific detail to support long-range resource planning undertaken by the Commission and an applicant. 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).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). Regulatory framework.—The term ‘regulatory framework’ means the framework for reviewing requests for certifications, permits, approvals, and licenses for nuclear reactors. Requested activity of the commission.—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.Research and test reactor.— In general.—The term ‘research and test reactor’ means a reactor that— 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 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)). Exclusion.—The term ‘research and test reactor’ does not include a commercial nuclear reactor. Secretary.—The term ‘Secretary’ means the Secretary of Energy. 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). 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. 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.”