```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1627 Reported in Senate (RS)]

                                                       Calendar No. 411

106th CONGRESS

  1st Session

                                S. 1627

                          [Report No. 106-220]

_______________________________________________________________________

                                 A BILL

To extend the authority of the Nuclear Regulatory Commission to collect 
               fees through 2004, and for other purposes.

_______________________________________________________________________

                            November 9, 1999

        Reported with an amendment and an amendment to the title

                                                       Calendar No. 411
106th CONGRESS
  1st Session
                                S. 1627

                          [Report No. 106-220]

To extend the authority of the Nuclear Regulatory Commission to collect 
               fees through 2004, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 23 (legislative day, September 22), 1999

  Mr. Inhofe introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                            November 9, 1999

   Reported by Mr. Smith of New Hampshire, with an amendment and an 
                         amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To extend the authority of the Nuclear Regulatory Commission to collect 
               fees through 2004, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``NRC Fairness in Funding Act 
of 1999''.</DELETED>

<DELETED>SEC. 2. NUCLEAR REGULATORY COMMISSION ANNUAL 
              CHARGES.</DELETED>

<DELETED>    Section 6101 of the Omnibus Budget Reconciliation Act of 
1990 (42 U.S.C. 2214) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(3), by striking ``September 
        30, 1999'' and inserting ``September 30, 2004''; and</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) by striking paragraph (2) and 
                inserting the following:</DELETED>
        <DELETED>    ``(2) Aggregate amount of charges.--The aggregate 
        amount of the annual charges collected from all licensees shall 
        equal an amount that approximates 100 percent of the budget 
        authority of the Commission for the fiscal year for which the 
        charge is collected, less, with respect to the fiscal year, the 
        sum of--</DELETED>
                <DELETED>    ``(A) any amount appropriated to the 
                Commission from the Nuclear Waste Fund;</DELETED>
                <DELETED>    ``(B) the amount of fees collected under 
                subsection (b); and</DELETED>
                <DELETED>    ``(C) for fiscal year 2000 and each fiscal 
                year thereafter, to the extent provided in paragraph 
                (5), the costs of activities of the Commission with 
                respect to which a determination is made under 
                paragraph (5).''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(5) Excluded budget costs.--</DELETED>
                <DELETED>    ``(A) In general.--In the budget request 
                for fiscal year 2001 and each fiscal year thereafter, 
                the Commission shall--</DELETED>
                        <DELETED>    ``(i) determine the activities of 
                        the Commission that could not be fairly and 
                        equitably funded through assessments of annual 
                        charges on a licensee or class of licensee of 
                        the Commission; and</DELETED>
                        <DELETED>    ``(ii) subject to subparagraph 
                        (C), request that funding for the activities 
                        described in clause (i) be appropriated to the 
                        Commission out of the general fund of the 
                        Treasury.</DELETED>
                <DELETED>    ``(B) Considerations.--In making the 
                determination under subparagraph (A), the Commission 
                shall consider--</DELETED>
                        <DELETED>    ``(i) the extent to which 
                        activities of the Commission provide benefits 
                        to persons that are not licensees of the 
                        Commission; and</DELETED>
                        <DELETED>    ``(ii) the extent to which the 
                        Commission cannot, as a matter of law, or does 
                        not, as a matter of policy, assess fees or 
                        charges on a licensee or class of licensee that 
                        benefits from the activities.</DELETED>
                <DELETED>    ``(C) Maximum excluded amount.--The total 
                amount of costs for which appropriations from the 
                general fund of the Treasury may be sought by the 
                Commission under subparagraph (A)(ii) shall not exceed 
                12 percent of the budget authority of the Commission 
                for any fiscal year.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``NRC Fairness in 
Funding Act of 1999''.
    (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. 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 30, 2005''; and
            (2) in subsection (c)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) Aggregate amount of charges.--The aggregate amount of 
        the annual charges collected from all licensees shall equal an 
        amount that approximates 100 percent of the budget authority of 
        the Commission for the fiscal year for which the charge is 
        collected, less, with respect to the fiscal year, the sum of--
                    ``(A) any amount appropriated to the Commission 
                from the Nuclear Waste Fund;
                    ``(B) the amount of fees collected under subsection 
                (b); and
                    ``(C)(i) for fiscal years 2001 and 2002, an amount 
                equal to the amount of appropriations made to the 
                Commission from the general fund of the Treasury in 
                response to the request for appropriations referred to 
                in paragraph (5)(A)(ii)''; and
                    ``(ii) for fiscal years 2003 through 2005, to the 
                extent provided in paragraph (5), the costs of 
                activities of the Commission with respect to which a 
                determination is made under paragraph (5).''; and
                    (B) by adding at the end the following:
            ``(5) Excluded budget costs.--
                    ``(A) In general.--In the budget request for fiscal 
                year 2001 and each fiscal year thereafter, the 
                Commission shall--
                            ``(i) determine the activities of the 
                        Commission that could not be fairly and 
                        equitably funded through assessments of annual 
                        charges on a licensee or class of licensee of 
                        the Commission; and
                            ``(ii) subject to subparagraph (C), request 
                        that funding for the activities described in 
                        clause (i) be appropriated to the Commission 
                        out of the general fund of the Treasury.
                    ``(B) Considerations.--In making the determination 
                under subparagraph (A), the Commission shall consider--
                            ``(i) the extent to which activities of the 
                        Commission provide benefits to persons that are 
                        not licensees of the Commission; and
                            ``(ii) the extent to which the Commission 
                        cannot, as a matter of law, or does not, as a 
                        matter of policy, assess fees or charges on a 
                        licensee or class of licensee that benefits 
                        from the activities.
                    ``(C) Maximum excluded amount.--The total amount of 
                costs for which appropriations from the general fund of 
                the Treasury may be sought by the Commission under 
                subparagraph (A)(ii) for any fiscal year shall not 
                exceed--
                            ``(i) for fiscal years 2001 and 2002, 12 
                        percent of the budget authority of the 
                        Commission;
                            ``(ii) for fiscal year 2003, 4 percent of 
                        the budget authority of the Commission;
                            ``(iii) for fiscal year 2004, 8 percent of 
                        the budget authority of the Commission; or
                            ``(iv) for fiscal year 2005, 12 percent of 
                        the budget authority of the Commission.''.

SEC. 102. 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.''.
            Amend the title so as to read: ``An Act to extend the 
        authority of the Nuclear Regulatory Commission to collect fees 
        through 2005, and for other purposes.''.
```