H. R. 6—198
Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the 
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or 
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) 
to have repeatedly provided support for acts of international ter-
rorism). This section shall not apply to nuclear incidents occurring 
as a result of missions, carried out under the direction of the 
Secretary, the Secretary of Defense, or the Secretary of State, 
that are necessary to safely secure, store, transport, or remove 
nuclear materials for nuclear safety or nonproliferation purposes. 
(b) DEFINITIONS.—The terms used in this section shall have 
the same meaning as those terms have under section 11 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014), unless otherwise 
expressly provided in this section. 
SEC. 636. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this subtitle and the amendments made 
by this subtitle. 
SEC. 637. NUCLEAR REGULATORY COMMISSION USER FEES AND 
ANNUAL CHARGES. 
(a) IN GENERAL.—Section 6101 of the Omnibus Budget Rec-
onciliation Act of 1990 (42 U.S.C. 2214) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Except as provided in paragraph (3), 
the’’ and inserting ‘‘The’’ in paragraph (1); and 
(B) by striking paragraph (3); and 
(2) in subsection (c)— 
(A) by striking ‘‘and’’ at the end of paragraph (2)(A)(i); 
(B) by striking the period at the end of paragraph 
(2)(A)(ii) and inserting a semicolon; 
(C) by adding at the end of paragraph (2)(A) the fol-
lowing new clauses: 
‘‘(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; and 
‘‘(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 
(D) by amending paragraph (2)(B)(v) to read as follows: 
‘‘(v) 90 percent for fiscal year 2005 and each fiscal 
year thereafter.’’. 
(b) REPEAL.—Section 7601 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (42 U.S.C. 2213) is repealed. 
(c) EFFECTIVE DATE.—The amendments made by this section 
take effect on October 1, 2006. 
SEC. 638. STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED
NUCLEAR
FACILITY.—The term ‘‘advanced 
nuclear facility’’ means any nuclear facility the reactor design 
for which is approved after December 31, 1993, by the Commis-
sion (and such design or a substantially similar design of com-
parable capacity was not approved on or before that date).
H. R. 6—199
(2) COMBINED
LICENSE.—The term ‘‘combined license’’ 
means a combined construction and operating license for an 
advanced nuclear facility issued by the Commission. 
(3) COMMISSION.—The term ‘‘Commission’’ means the 
Nuclear Regulatory Commission. 
(4) SPONSOR.—The term ‘‘sponsor’’ means a person who 
has applied for or been granted a combined license. 
(b) CONTRACT AUTHORITY.— 
(1) IN GENERAL.—The Secretary may enter into contracts 
under this section with sponsors of an advanced nuclear facility 
that cover a total of 6 reactors, with the 6 reactors consisting 
of not more than 3 different reactor designs, in accordance 
with paragraph (2). 
(2) REQUIREMENT FOR CONTRACTS.— 
(A) DEFINITION OF LOAN COST.—In this paragraph, the 
term ‘‘loan cost’’ has the meaning given the term ‘‘cost 
of a loan guarantee’’ under section 502(5)(C) of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)). 
(B) ESTABLISHMENT
OF
ACCOUNTS.—There is estab-
lished in the Department 2 separate accounts, which shall 
be known as the— 
(i) ‘‘Standby Support Program Account’’; and 
(ii) ‘‘Standby Support Grant Account’’. 
(C) REQUIREMENT.—The Secretary shall not enter into 
a contract under this section unless the Secretary 
deposits— 
(i) in the Standby Support Program Account estab-
lished under subparagraph (B), funds appropriated to 
the Secretary in advance of the contract or a combina-
tion of appropriated funds and loan guarantee fees 
that are in an amount sufficient to cover the loan 
costs described in subsection (d)(5)(A); and 
(ii) in the Standby Support Grant Account estab-
lished under subparagraph (B), funds appropriated to 
the Secretary in advance of the contract, paid to the 
Secretary by the sponsor of the advanced nuclear 
facility, or a combination of appropriations and pay-
ments that are in an amount sufficient cover the costs 
described in subparagraphs (B), (C), and (D) of sub-
section (d)(5). 
(c) COVERED DELAYS.— 
(1) INCLUSIONS.—Under each contract authorized by this 
section, the Secretary shall pay the costs specified in subsection 
(d), using funds appropriated or collected for the covered costs, 
if full power operation of the advanced nuclear facility is 
delayed by— 
(A) the failure of the Commission to comply with sched-
ules for review and approval of inspections, tests, analyses, 
and acceptance criteria established under the combined 
license or the conduct of preoperational hearings by the 
Commission for the advanced nuclear facility; or 
(B) litigation that delays the commencement of full-
power operations of the advanced nuclear facility. 
(2) EXCLUSIONS.—The Secretary may not enter into any 
contract under this section that would obligate the Secretary 
to pay any costs resulting from—
H. R. 6—200
(A) the failure of the sponsor to take any action 
required by law or regulation; 
(B) events within the control of the sponsor; or 
(C) normal business risks. 
(d) COVERED COSTS.— 
(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4), 
the costs that shall be paid by the Secretary pursuant to 
a contract entered into under this section are the costs that 
result from a delay covered by the contract. 
(2) INITIAL 2 REACTORS.—In the case of the first 2 reactors 
that receive combined licenses and on which construction is 
commenced, the Secretary shall pay— 
(A) 100 percent of the covered costs of delay; but 
(B) not more than $500,000,000 per contract. 
(3) SUBSEQUENT 4 REACTORS.—In the case of the next 4 
reactors that receive a combined license and on which construc-
tion is commenced, the Secretary shall pay— 
(A) 50 percent of the covered costs of delay that occur 
after the initial 180-day period of covered delay; but 
(B) not more than $250,000,000 per contract. 
(4) CONDITIONS ON PAYMENT OF CERTAIN COVERED COSTS.— 
(A) IN GENERAL.—The obligation of the Secretary to 
pay the covered costs described in subparagraph (B) of 
paragraph (5) is subject to the Secretary receiving from 
appropriations or payments from other non-Federal sources 
amounts sufficient to pay the covered costs. 
(B) 
NON-FEDERAL
SOURCES.—The 
Secretary 
may 
receive and accept payments from any non-Federal source, 
which shall be made available without further appropria-
tion for the payment of the covered costs. 
(5) TYPES OF COVERED COSTS.—Subject to paragraphs (2), 
(3), and (4), the contract entered into under this section for 
an advanced nuclear facility shall include as covered costs 
those costs that result from a delay during construction and 
in gaining approval for fuel loading and full-power operation, 
including— 
(A) principal or interest on any debt obligation of an 
advanced nuclear facility owned by a non-Federal entity; 
and 
(B) the incremental difference between— 
(i) the fair market price of power purchased to 
meet the contractual supply agreements that would 
have been met by the advanced nuclear facility but 
for the delay; and 
(ii) the contractual price of power from the 
advanced nuclear facility subject to the delay. 
(e) REQUIREMENTS.—Any contract between a sponsor and the 
Secretary covering an advanced nuclear facility under this section 
shall require the sponsor to use due diligence to shorten, and 
to end, the delay covered by the contract. 
(f) REPORTS.—For each advanced nuclear facility that is covered 
by a contract under this section, the Commission shall submit 
to Congress and the Secretary quarterly reports summarizing the 
status of licensing actions associated with the advanced nuclear 
facility. 
(g) REGULATIONS.—