NRC Fairness in Funding Act of 2000

Summary: (Sec. 101) Reformulates the aggregate annual charges collected from all licensees and certificate holders.
(Sec. 102) Amends the Atomic Energy Act of 1954 to authorize the NRC to prescribe regulations to ensure that sufficient funds will be available for the decommissioning of certain licensed production or utilization facilities, including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee that has control over any fund for the decommissioning of the facility.
(Sec. 103) Authorizes the NRC, beginning in FY 2001, to assess and collect fees for full cost recovery from other Federal agencies in return for services rendered by the NRC (rather than recover these costs through the annual fees assessed to all NRC licensees).
Title II: Other Provisions
 - Repeals the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia.
(Sec. 202) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met.
(Sec. 203) Declares certain antitrust review procedures inapplicable to pending or future license applications to construct or operate utilization facilities for either commercial or medical therapy and research and development purposes.
(Sec. 204) Authorizes the NRC to accept, hold, utilize, sell, and administer gifts, bequests, or donations of real and personal property (not including money) for the purpose of aiding or facilitating its work. Instructs the NRC to establish written criteria for gift acceptance, taking into consideration whether acceptance of the gift would compromise the integrity, or the appearance of the integrity of, the NRC or any officer or employee.
(Sec. 205) Prescribes guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities.
(Sec. 206) Authorizes the NRC to issue trespass regulations relating to the introduction of dangerous weapons, explosives, or other dangerous instruments or materials likely to produce substantial personal injury or damage to property subject to its licensing or certification authority.
(Sec. 207) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the person knows or reasonably should know that there is a significant possibility that the destruction or damage caused or attempted could affect public health and safety during facility operation.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``NRC Fairness in 
Funding Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                            TITLE I--FUNDING

Sec. 101. Nuclear Regulatory Commission annual charges.
Sec. 102. Nuclear Regulatory Commission authority over former licensees 
                            for decommissioning funding.
Sec. 103. Cost recovery from Government agencies.
                       TITLE II--OTHER PROVISIONS

Sec. 201. Office location.
Sec. 202. License period.
Sec. 203. Elimination of NRC antitrust reviews.
Sec. 204. Gift acceptance authority.
Sec. 205. Carrying of firearms by licensee employees.
Sec. 206. Unauthorized introduction of dangerous weapons.
Sec. 207. Sabotage of nuclear facilities or fuel.

                            TITLE I--FUNDING

SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.

    Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 
U.S.C. 2214) is amended--
            (1) in subsection (a)(3), by striking ``September 30, 
        1999'' and inserting ``September 20, 2005''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``or certificate 
                holder'' after ``licensee''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Aggregate amount of charges.--
                    ``(A) In general.--The aggregate amount of the 
                annual charges collected from all licensees and 
                certificate holders in a fiscal year shall equal an 
                amount that approximates the percentages of the budget 
                authority of the Commission for the fiscal year stated 
                in subparagraph (B), less--
                            ``(i) amounts collected under subsection 
                        (b) during the fiscal year; and
                            ``(ii) amounts appropriated to the 
                        Commission from the Nuclear Waste Fund for the 
                        fiscal year.
                    ``(B) Percentages.--The percentages referred to in 
                subparagraph (A) are--
                            ``(i) 98 percent for fiscal year 2001;
                            ``(ii) 96 percent for fiscal year 2002;
                            ``(iii) 94 percent for fiscal year 2003;
                            ``(iv) 92 percent for fiscal year 2004; and
                            ``(v) 88 percent for fiscal year 2005.''.

SEC. 102. NUCLEAR REGULATORY COMMISSION AUTHORITY OVER FORMER LICENSEES 
              FOR DECOMMISSIONING FUNDING.

    Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) 
is amended--
            (1) by striking ``and (3)'' and inserting ``(3)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (4) to ensure that sufficient funds will be 
        available for the decommissioning of any production or 
        utilization facility licensed under section 103 or 104b., 
        including standards and restrictions governing the control, 
        maintenance, use, and disbursement by any former licensee under 
        this Act that has control over any fund for the decommissioning 
        of the facility''.

SEC. 103. COST RECOVERY FROM GOVERNMENT AGENCIES.

    Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) 
is amended--
            (1) by striking ``, or which operates any facility 
        regulated or certified under section 1701 or 1702,'';
            (2) by striking ``483a'' and inserting ``9701''; and
            (3) by inserting before the period at the end the 
        following: ``, and, commencing October 1, 2000, prescribe and 
        collect from any other Government agency any fee, charge, or 
        price that the Commission may require in accordance with 
        section 9701 of title 31, United States Code, or any other 
        law''.

                       TITLE II--OTHER PROVISIONS

SEC. 201. OFFICE LOCATION.

    Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is 
amended by striking ``; however, the Commission shall maintain an 
office for the service of process and papers within the District of 
Columbia''.

SEC. 202. LICENSE PERIOD.

    Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) 
is amended--
            (1) by striking ``c. Each such'' and inserting the 
        following:
    ``c. License Period.--
            ``(1) In general.--Each such''; and
            (2) by adding at the end the following:
            ``(2) Combined licenses.--In the case of a combined 
        construction and operating license issued under section 185(b), 
        the initial duration of the license may not exceed 40 years 
        from the date on which the Commission finds, before operation 
        of the facility, that the acceptance criteria required by 
        section 185(b) are met.''.

SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.

    Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is 
amended by adding at the end the following:
    ``(d) Applicability.--Subsection (c) shall not apply to an 
application for a license to construct or operate a utilization 
facility under section 103 or 104(b) that is pending on or that is 
filed on or after the date of enactment of this subsection.''.

SEC. 204. GIFT ACCEPTANCE AUTHORITY.

    (a) In General.--Section 161g. of the Atomic Energy Act of 1954 (42 
U.S.C. 2201(g)) is amended--
            (1) by inserting ``(1)'' after ``(g)'';
            (2) by striking ``this Act;'' and inserting ``this Act; 
        or''; and
            (3) by adding at the end the following:
            ``(2) accept, hold, utilize, and administer gifts of real 
        and personal property (not including money) for the purpose of 
        aiding or facilitating the work of the Nuclear Regulatory 
        Commission.''.
    (b) Criteria for Acceptance of Gifts.--
            (1) In general.--Chapter 14 of title I of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at 
        the end the following:

``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.

    ``(a) In General.--The Commission shall establish written criteria 
for determining whether to accept gifts under section 161g.(2).
    ``(b) Considerations.--The criteria under subsection (a) shall take 
into consideration whether the acceptance of the gift would compromise 
the integrity of, or the appearance of the integrity of, the Commission 
or any officer or employee of the Commission.''.
            (2) Conforming and technical amendments.--The table of 
        contents of chapter 14 of title I of the Atomic Energy Act of 
        1954 (42 U.S.C. prec. 2011) is amended by adding at the end the 
        following:

``Sec. 170C. Criteria for acceptance of gifts.''.

SEC. 205. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    (a) In General.--Chapter 14 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2201 et seq.) (as amended by section 204(b)) is 
amended--
            (1) in section 161, by striking subsection k. and inserting 
        the following:
    ``(k) authorize to carry a firearm in the performance of official 
duties such of its members, officers, and employees, such of the 
employees of its contractors and subcontractors (at any tier) engaged 
in the protection of property under the jurisdiction of the United 
States located at facilities owned by or contracted to the United 
States or being transported to or from such facilities, and such of the 
employees of persons licensed or certified by the Commission (including 
employees of contractors of licensees or certificate holders) engaged 
in the protection of facilities owned or operated by a Commission 
licensee or certificate holder that are designated by the Commission or 
in the protection of property of significance to the common defense and 
security located at facilities owned or operated by a Commission 
licensee or certificate holder or being transported to or from such 
facilities, as the Commission considers necessary in the interest of 
the common defense and security;'' and
            (2) by adding at the end the following:

``SEC. 170D. CARRYING OF FIREARMS.

    ``(a) Authority To Make Arrest.--
            ``(1) In general.--A person authorized under section 161k. 
        to carry a firearm may, while in the performance of, and in 
        connection with, official duties, arrest an individual without 
        a warrant for any offense against the United States committed 
        in the presence of the person or for any felony under the laws 
        of the United States if the person has a reasonable ground to 
        believe that the individual has committed or is committing such 
        a felony.
            ``(2) Limitation.--An employee of a contractor or 
        subcontractor or of a Commission licensee or certificate holder 
        (or a contractor of a licensee or certificate holder) 
        authorized to make an arrest under paragraph (1) may make an 
        arrest only--
                    ``(A) when the individual is within, or is in 
                flight directly from, the area in which the offense was 
                committed; and
                    ``(B) in the enforcement of--
                            ``(i) a law regarding the property of the 
                        United States in the custody of the Department 
                        of Energy, the Nuclear Regulatory Commission, 
                        or a contractor of the Department of Energy or 
                        Nuclear Regulatory Commission or a licensee or 
                        certificate holder of the Commission;
                            ``(ii) a law applicable to facilities owned 
                        or operated by a Commission licensee or 
                        certificate holder that are designated by the 
                        Commission under section 161k.;
                            ``(iii) a law applicable to property of 
                        significance to the common defense and security 
                        that is in the custody of a licensee or 
                        certificate holder or a contractor of a 
                        licensee or certificate holder of the 
                        Commission; or
                            ``(iv) any provision of this Act that 
                        subjects an offender to a fine, imprisonment, 
                        or both.
            ``(3) Other authority.--The arrest authority conferred by 
        this section is in addition to any arrest authority under other 
        law.
            ``(4) Guidelines.--The Secretary and the Commission, with 
        the approval of the Attorney General, shall issue guidelines to 
        implement section 161k. and this subsection.''.
    (b) Conforming and Technical Amendments.--The table of contents of 
chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. prec. 
2011) (as amended by section 204(b)(2)) is amended by adding at the end 
the following:

``Sec. 170D. Carrying of firearms.''.

SEC. 206. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) 
is amended in the first sentence by inserting ``or subject to the 
licensing authority of the Commission or to certification by the 
Commission under this Act or any other Act'' before the period at the 
end.

SEC. 207. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

    Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) 
is amended--
            (1) in paragraph (2), by striking ``storage facility'' and 
        inserting ``storage, treatment, or disposal facility'';
            (2) in paragraph (3)--
                    (A) by striking ``such a utilization facility'' and 
                inserting ``a utilization facility licensed under this 
                Act''; and
                    (B) by striking ``or'' at the end;
            (3) in paragraph (4)--
                    (A) by striking ``facility licensed'' and inserting 
                ``or nuclear fuel fabrication facility licensed or 
                certified''; and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (4) by adding at the end the following:
            ``(5) any production, utilization, waste storage, waste 
        treatment, waste disposal, uranium enrichment, or nuclear fuel 
        fabrication facility subject to licensing or certification 
        under this Act during construction of the facility, if the 
        person knows or reasonably should know that there is a 
        significant possibility that the destruction or damage caused 
        or attempted to be caused could adversely affect public health 
        and safety during the operation of the facility.''.

            Passed the Senate April 13, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 1627

_______________________________________________________________________

                                 AN ACT

To extend the authority of the Nuclear Regulatory Commission to collect 
               fees through 2005, and for other purposes.