II

Calendar No. 433

105TH CONGRESS

2D SESSION S. 2090

[Report No. 105–223]

To extend the authority of the Nuclear Regulatory Commission to collect

fees through 2003, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 18, 1998

Mr. CHAFEE (for himself, Mr. INHOFE, Mr. GRAHAM, Mr. SMITH of New

Hampshire, and Mr. JEFFORDS) introduced the following bill; which was

read twice and referred to the Committee on Environment and Public

Works

JUNE 25, 1998

Reported by Mr. CHAFEE, without amendment

A BILL

To extend the authority of the Nuclear Regulatory Commission to collect fees through 2003, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘NRC Fairness in

5 Funding Act of 1998’’.
2

S 2090 RS

1 SEC. 2. NUCLEAR REGULATORY COMMISSION ANNUAL

2 CHARGES.

3 Section 6101 of the Omnibus Budget Reconciliation

4 Act of 1990 (42 U.S.C. 2214) is amended—

5 (1) in subsection (a)(3), by striking ‘‘September

6 30, 1998’’ and inserting ‘‘September 30, 2003’’; and

7 (2) in subsection (c)—

8 (A) by striking paragraph (2) and insert9 ing the following:

10 ‘‘(2) AGGREGATE AMOUNT OF CHARGES.—The

11 aggregate amount of the annual charges collected

12 from all licensees shall equal an amount that ap13 proximates 100 percent of the budget authority of

14 the Commission for the fiscal year for which the

15 charge is collected, less, with respect to the fiscal

16 year, the sum of—

17 ‘‘(A) any amount appropriated to the Com18 mission from the Nuclear Waste Fund;

19 ‘‘(B) the amount of fees collected under

20 subsection (b); and

21 ‘‘(C) for fiscal year 1999 and each fiscal

22 year thereafter, to the extent provided in para23 graph (5), the costs of activities of the Commis24 sion with respect to which a determination is

25 made under paragraph (5).’’; and

26 (B) by adding at the end the following:
3

S 2090 RS

1 ‘‘(5) EXCLUDED BUDGET COSTS.—

2 ‘‘(A) IN GENERAL.—The rulemaking under

3 paragraph (3) shall include a determination of

4 the costs of activities of the Commission for

5 which it would not be fair and equitable to as6 sess annual charges on a Nuclear Regulatory

7 Commission licensee or class of licensee.

8 ‘‘(B) CONSIDERATIONS.—In making the

9 determination under subparagraph (A), the

10 Commission shall consider—

11 ‘‘(i) the extent to which activities of

12 the Commission provide benefits to persons

13 that are not licensees of the Commission;

14 ‘‘(ii) the extent to which the Commis15 sion is unable to assess fees or charges on

16 a licensee or class of licensee that benefits

17 from the activities; and

18 ‘‘(iii) the extent to which the costs to

19 the Nuclear Regulatory Commission of ac20 tivities are commensurate with the benefits

21 provided to the licensees from the activi22 ties.

23 ‘‘(C) MAXIMUM EXCLUDED COSTS.—The

24 total amount of costs excluded by the Commis25 sion pursuant to the determination under sub-
4

S 2090 RS

1 paragraph (A) shall not exceed $30,000,000 for

2 any fiscal year.’’.

Calendar No. 433

105TH CONGRESS

2D SESSION S. 2090

[Report No. 105–223]

A BILL

To extend the authority of the Nuclear Regulatory

other purposes.Commission to collect fees through 2003, and for

JUNE 25, 1998

Reported without amendment