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 forother purposes.

NOVEMBER 9, 1999

Reported with an amendment and an amendment to the

title
II

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.

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 1999’’.
2

•S 1627 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, 1999’’ and inserting ‘‘September 30, 2004’’; 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 2000 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 1627 RS

1 ‘‘(5) EXCLUDED BUDGET COSTS.—

2 ‘‘(A) IN GENERAL.—In the budget request

3 for fiscal year 2001 and each fiscal year there4 after, the Commission shall—

5 ‘‘(i) determine the activities of the

6 Commission that could not be fairly and

7 equitably funded through assessments of

8 annual charges on a licensee or class of li9 censee of the Commission; and

10 ‘‘(ii) subject to subparagraph (C), re11 quest that funding for the activities de12 scribed in clause (i) be appropriated to the

13 Commission out of the general fund of the

14 Treasury.

15 ‘‘(B) CONSIDERATIONS.—In making the

16 determination under subparagraph (A), the

17 Commission shall consider—

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

19 the Commission provide benefits to persons

20 that are not licensees of the Commission;

21 and

22 ‘‘(ii) the extent to which the Commis23 sion cannot, as a matter of law, or does

24 not, as a matter of policy, assess fees or
4

•S 1627 RS

1 charges on a licensee or class of licensee

2 that benefits from the activities.

3 ‘‘(C) MAXIMUM EXCLUDED AMOUNT.—The

4 total amount of costs for which appropriations

5 from the general fund of the Treasury may be

6 sought by the Commission under subparagraph

7 (A)(ii) shall not exceed 12 percent of the budg8 et authority of the Commission for any fiscal

9 year.’’.

10 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

11 (a) SHORT TITLE.—This Act may be cited as the

12 ‘‘NRC Fairness in Funding Act of 1999’’.

13 (b) TABLE OF CONTENTS.—The table of contents of this

14 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.
5

•S 1627 RS

1 TITLE I—FUNDING

2 SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL

3 CHARGES.

4 Section 6101 of the Omnibus Budget Reconciliation

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

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

7 30, 1999’’ and inserting ‘‘September 30, 2005’’; and

8 (2) in subsection (c)—

9 (A) by striking paragraph (2) and inserting

10 the following:

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

12 aggregate amount of the annual charges collected from

13 all licensees shall equal an amount that approximates

14 100 percent of the budget authority of the Commission

15 for the fiscal year for which the charge is collected,

16 less, with respect to the fiscal 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 sub20 section (b); and

21 ‘‘(C)(i) for fiscal years 2001 and 2002, an

22 amount equal to the amount of appropriations

23 made to the Commission from the general fund

24 of the Treasury in response to the request for ap-
6

•S 1627 RS

1 propriations referred to in paragraph

2 (5)(A)(ii)’’; and

3 ‘‘(ii) for fiscal years 2003 through 2005, to

4 the extent provided in paragraph (5), the costs of

5 activities of the Commission with respect to

6 which a determination is made under paragraph

7 (5).’’; and

8 (B) by adding at the end the following:

9 ‘‘(5) EXCLUDED BUDGET COSTS.—

10 ‘‘(A) IN GENERAL.—In the budget request

11 for fiscal year 2001 and each fiscal year there12 after, the Commission shall—

13 ‘‘(i) determine the activities of the

14 Commission that could not be fairly and eq15 uitably funded through assessments of an16 nual charges on a licensee or class of li17 censee of the Commission; and

18 ‘‘(ii) subject to subparagraph (C), re19 quest that funding for the activities de20 scribed in clause (i) be appropriated to the

21 Commission out of the general fund of the

22 Treasury.

23 ‘‘(B) CONSIDERATIONS.—In making the de24 termination under subparagraph (A), the Com25 mission shall consider—
7

•S 1627 RS

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

2 Commission provide benefits to persons that

3 are not licensees of the Commission; and

4 ‘‘(ii) the extent to which the Commis5 sion cannot, as a matter of law, or does not,

6 as a matter of policy, assess fees or charges

7 on a licensee or class of licensee that benefits

8 from the activities.

9 ‘‘(C) MAXIMUM EXCLUDED AMOUNT.—The

10 total amount of costs for which appropriations

11 from the general fund of the Treasury may be

12 sought by the Commission under subparagraph

13 (A)(ii) for any fiscal year shall not exceed—

14 ‘‘(i) for fiscal years 2001 and 2002, 12

15 percent of the budget authority of the Com16 mission;

17 ‘‘(ii) for fiscal year 2003, 4 percent of

18 the budget authority of the Commission;

19 ‘‘(iii) for fiscal year 2004, 8 percent of

20 the budget authority of the Commission; or

21 ‘‘(iv) for fiscal year 2005, 12 percent of

22 the budget authority of the Commission.’’.

23 SEC. 102. COST RECOVERY FROM GOVERNMENT AGENCIES.

24 Section 161w. of the Atomic Energy Act of 1954 (42

25 U.S.C. 2201(w)) is amended—
8

•S 1627 RS

1 (1) by striking ‘‘, or which operates any facility

2 regulated or certified under section 1701 or 1702,’’;

3 (2) by striking ‘‘483a’’ and inserting ‘‘9701’’;

4 and

5 (3) by inserting before the period at the end the

6 following: ‘‘, and, commencing October 1, 2000, pre7 scribe and collect from any other Government agency

8 any fee, charge, or price that the Commission may re9 quire in accordance with section 9701 of title 31,

10 United States Code, or any other law’’.

11 TITLE II—OTHER PROVISIONS

12 SEC. 201. OFFICE LOCATION.

13 Section 23 of the Atomic Energy Act of 1954 (42

14 U.S.C. 2033) is amended by striking ‘‘; however, the Com15 mission shall maintain an office for the service of process

16 and papers within the District of Columbia’’.

17 SEC. 202. LICENSE PERIOD.

18 Section 103c. of the Atomic Energy Act of 1954 (42

19 U.S.C. 2133(c)) is amended—

20 (1) by striking ‘‘c. Each such’’ and inserting the

21 following:

22 ‘‘c. LICENSE PERIOD.—

23 ‘‘(1) IN GENERAL.—Each such’’; and

24 (2) by adding at the end the following:
9

•S 1627 RS

1 ‘‘(2) COMBINED LICENSES.—In the case of a

2 combined construction and operating license issued

3 under section 185(b), the initial duration of the li4 cense may not exceed 40 years from the date on which

5 the Commission finds, before operation of the facility,

6 that the acceptance criteria required by section 185(b)

7 are met.’’.

8 SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.

9 Section 105 of the Atomic Energy Act of 1954 (42

10 U.S.C. 2135) is amended by adding at the end the following:

11 ‘‘(d) APPLICABILITY.—Subsection (c) shall not apply

12 to an application for a license to construct or operate a

13 utilization facility under section 103 or 104(b) that is pend14 ing on or that is filed on or after the date of enactment

15 of this subsection.’’.

16 SEC. 204. GIFT ACCEPTANCE AUTHORITY.

17 (a) IN GENERAL.—Section 161g. of the Atomic Energy

18 Act of 1954 (42 U.S.C. 2201(g)) is amended—

19 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’;

20 (2) by striking ‘‘this Act;’’ and inserting ‘‘this

21 Act; or’’; and

22 (3) by adding at the end the following:

23 ‘‘(2) accept, hold, utilize, and administer gifts of

24 real and personal property (not including money) for
10

•S 1627 RS

1 the purpose of aiding or facilitating the work of the

2 Nuclear Regulatory Commission.’’.

3 (b) CRITERIA FOR ACCEPTANCE OF GIFTS.—

4 (1) IN GENERAL.—Chapter 14 of title I of the

5 Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.)

6 is amended by adding at the end the following:

7 ‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.

8 ‘‘(a) IN GENERAL.—The Commission shall establish

9 written criteria for determining whether to accept gifts

10 under section 161g.(2).

11 ‘‘(b) CONSIDERATIONS.—The criteria under subsection

12 (a) shall take into consideration whether the acceptance of

13 the gift would compromise the integrity of, or the appear14 ance of the integrity of, the Commission or any officer or

15 employee of the Commission.’’.

16 (2) CONFORMING AND TECHNICAL AMEND17 MENTS.—The table of contents of chapter 14 of title

18 I of the Atomic Energy Act of 1954 (42 U.S.C. prec.

19 2011) is amended by adding at the end the following:

‘‘Sec. 170C. Criteria for acceptance of gifts.’’.

20 SEC. 205. CARRYING OF FIREARMS BY LICENSEE EMPLOY21 EES.

22 (a) IN GENERAL.—Chapter 14 of title I of the Atomic

23 Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended

24 by section 204(b)) is amended—
11

•S 1627 RS

1 (1) in section 161, by striking subsection k. and

2 inserting the following:

3 ‘‘(k) authorize to carry a firearm in the performance

4 of official duties such of its members, officers, and employ5 ees, such of the employees of its contractors and subcontrac6 tors (at any tier) engaged in the protection of property

7 under the jurisdiction of the United States located at facili8 ties owned by or contracted to the United States or being

9 transported to or from such facilities, and such of the em10 ployees of persons licensed or certified by the Commission

11 (including employees of contractors of licensees or certificate

12 holders) engaged in the protection of facilities owned or op13 erated by a Commission licensee or certificate holder that

14 are designated by the Commission or in the protection of

15 property of significance to the common defense and security

16 located at facilities owned or operated by a Commission li17 censee or certificate holder or being transported to or from

18 such facilities, as the Commission considers necessary in the

19 interest of the common defense and security;’’ and

20 (2) by adding at the end the following:

21 ‘‘SEC. 170D. CARRYING OF FIREARMS.

22 ‘‘(a) AUTHORITY TO MAKE ARREST.—

23 ‘‘(1) IN GENERAL.—A person authorized under

24 section 161k. to carry a firearm may, while in the

25 performance of, and in connection with, official du-
12

•S 1627 RS

1 ties, arrest an individual without a warrant for any

2 offense against the United States committed in the

3 presence of the person or for any felony under the

4 laws of the United States if the person has a reason5 able ground to believe that the individual has com6 mitted or is committing such a felony.

7 ‘‘(2) LIMITATION.—An employee of a contractor

8 or subcontractor or of a Commission licensee or cer9 tificate holder (or a contractor of a licensee or certifi10 cate holder) authorized to make an arrest under para11 graph (1) may make an arrest only—

12 ‘‘(A) when the individual is within, or is in

13 flight directly from, the area in which the offense

14 was committed; and

15 ‘‘(B) in the enforcement of—

16 ‘‘(i) a law regarding the property of

17 the United States in the custody of the De18 partment of Energy, the Nuclear Regulatory

19 Commission, or a contractor of the Depart20 ment of Energy or Nuclear Regulatory

21 Commission or a licensee or certificate hold22 er of the Commission;

23 ‘‘(ii) a law applicable to facilities

24 owned or operated by a Commission licensee
13

•S 1627 RS

1 or certificate holder that are designated by

2 the Commission under section 161k.;

3 ‘‘(iii) a law applicable to property of

4 significance to the common defense and se5 curity that is in the custody of a licensee or

6 certificate holder or a contractor of a li7 censee or certificate holder of the Commis8 sion; or

9 ‘‘(iv) any provision of this Act that

10 subjects an offender to a fine, imprison11 ment, or both.

12 ‘‘(3) OTHER AUTHORITY.—The arrest authority

13 conferred by this section is in addition to any arrest

14 authority under other law.

15 ‘‘(4) GUIDELINES.—The Secretary and the Com16 mission, with the approval of the Attorney General,

17 shall issue guidelines to implement section 161k. and

18 this subsection.’’.

19 (b) CONFORMING AND TECHNICAL AMENDMENTS.—

20 The table of contents of chapter 14 of title I of the Atomic

21 Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended

22 by section 204(b)(2)) is amended by adding at the end the

23 following:

‘‘Sec. 170D. Carrying of firearms.’’.
14

•S 1627 RS

1 SEC. 206. UNAUTHORIZED INTRODUCTION OF DANGEROUS

2 WEAPONS.

3 Section 229a. of the Atomic Energy Act of 1954 (42

4 U.S.C. 2278a(a)) is amended in the first sentence by insert5 ing ‘‘or subject to the licensing authority of the Commission

6 or to certification by the Commission under this Act or any

7 other Act’’ before the period at the end.

8 SEC. 207. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

9 Section 236a. of the Atomic Energy Act of 1954 (42

10 U.S.C. 2284(a)) is amended—

11 (1) in paragraph (2), by striking ‘‘storage facil12 ity’’ and inserting ‘‘storage, treatment, or disposal fa13 cility’’;

14 (2) in paragraph (3)—

15 (A) by striking ‘‘such a utilization facility’’

16 and inserting ‘‘a utilization facility licensed

17 under this Act’’; and

18 (B) by striking ‘‘or’’ at the end;

19 (3) in paragraph (4)—

20 (A) by striking ‘‘facility licensed’’ and in21 serting ‘‘or nuclear fuel fabrication facility li22 censed or certified’’; and

23 (B) by striking the period at the end and

24 inserting ‘‘; or’’; and

25 (4) by adding at the end the following:
15

•S 1627 RS

1 ‘‘(5) any production, utilization, waste storage,

2 waste treatment, waste disposal, uranium enrichment,

3 or nuclear fuel fabrication facility subject to licensing

4 or certification under this Act during construction of

5 the facility, if the person knows or reasonably should

6 know that there is a significant possibility that the

7 destruction or damage caused or attempted to be

8 caused could adversely affect public health and safety

9 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.’’.