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B-333379 Jun 29, 2021 1 (2021-06-29)

handle is hein.gao/gaombk0001 and id is 1 raw text is: 01O    o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.
Washington, DC 20548
B-333379
June 29, 2021
The Honorable Thomas R. Carper
Chairman
The Honorable Shelley Moore Capito
Ranking Member
Committee on Environment and Public Works
United States Senate
The Honorable Frank Pallone, Jr.
Chairman
The Honorable Cathy McMorris Rodgers
Ranking Member
Committee on Energy and Commerce
House of Representatives
Subject: Nuclear Regulatory Commission: Revision of Fee Schedules; Fee Recovery for
FY 2021
Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Nuclear Regulatory Commission (Commission) entitled Revision of Fee
Schedules; Fee Recovery for FY 2021 (RIN: 3150-AK24). We received the rule on June 17,
2021. It was published in the Federal Register as a final rule on June 16, 2021. 86 Fed.
Reg. 32146. The effective date is August 16, 2021.
According to the Commission, the final rule amends the licensing, inspection, special project,
and annual fees charged to its applicants and licensees. The Commission stated these
amendments are necessary to implement the Nuclear Energy Innovation and Modernization Act
(NEIMA), Pub. L. No. 115-439, 132 Stat. 5565 (Jan. 14, 2019), which, beginning with fiscal year
2021, requires the Commission to recover, to the maximum extent practicable, approximately
100 percent of its annual budget less certain amounts excluded from this fee recovery
requirement. In addition, the Commission stated it is also making improvements associated
with fee invoicing to implement provisions of NEIMA.
The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a
major rule from the date of publication in the Federal Register or receipt of the rule by
Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The final rule was published in
the Federal Register on June 16, 2021. 86 Fed. Reg. 32146. The Senate received the rule
on June 21, 2021, and the House received the rule on June 17, 2021. 167 Cong. Rec.
S4694 (daily ed. June 22, 2021); 167 Cong. Rec. H3130 (daily ed. June 24, 2021). The
final rule has a stated effective date of August 16, 2021. Therefore, the final rule does
not have the required 60-day delay in its effective date.

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