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.

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; TABLE OF CONTENTS.

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

5 ‘‘NRC Fairness in Funding Act of 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 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.

3 TITLE I—FUNDING

4 SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL

5 CHARGES.

6 Section 6101 of the Omnibus Budget Reconciliation

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

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

9 30, 1999’’ and inserting ‘‘September 20, 2005’’; and

10 (2) in subsection (c)—

11 (A) in paragraph (1), by inserting ‘‘or cer12 tificate holder’’ after ‘‘licensee’’; and

13 (B) by striking paragraph (2) and insert14 ing the following:

15 ‘‘(2) AGGREGATE AMOUNT OF CHARGES.—

16 ‘‘(A) IN GENERAL.—The aggregate

17 amount of the annual charges collected from all
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1 licensees and certificate holders in a fiscal year

2 shall equal an amount that approximates the

3 percentages of the budget authority of the Com4 mission for the fiscal year stated in subpara5 graph (B), less—

6 ‘‘(i) amounts collected under sub7 section (b) during the fiscal year; and

8 ‘‘(ii) amounts appropriated to the

9 Commission from the Nuclear Waste Fund

10 for the fiscal year.

11 ‘‘(B) PERCENTAGES.—The percentages re12 ferred to in subparagraph (A) are—

13 ‘‘(i) 98 percent for fiscal year 2001;

14 ‘‘(ii) 96 percent for fiscal year 2002;

15 ‘‘(iii) 94 percent for fiscal year 2003;

16 ‘‘(iv) 92 percent for fiscal year 2004;

17 and

18 ‘‘(v) 88 percent for fiscal year 2005.’’.

19 SEC. 102. NUCLEAR REGULATORY COMMISSION AUTHOR20 ITY OVER FORMER LICENSEES FOR DECOM21 MISSIONING FUNDING.

22 Section 161i. of the Atomic Energy Act of 1954 (42

23 U.S.C. 2201(i)) is amended—

24 (1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’;

25 and
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1 (2) by inserting before the semicolon at the end

2 the following: ‘‘, and (4) to ensure that sufficient

3 funds will be available for the decommissioning of

4 any production or utilization facility licensed under

5 section 103 or 104b., including standards and re6 strictions governing the control, maintenance, use,

7 and disbursement by any former licensee under this

8 Act that has control over any fund for the decom9 missioning of the facility’’.

10 SEC. 103. COST RECOVERY FROM GOVERNMENT AGENCIES.

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

12 U.S.C. 2201(w)) is amended—

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

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

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

16 and

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

18 following: ‘‘, and, commencing October 1, 2000, pre19 scribe and collect from any other Government agen20 cy any fee, charge, or price that the Commission

21 may require in accordance with section 9701 of title

22 31, United States Code, or any other law’’.
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1 TITLE II—OTHER PROVISIONS

2 SEC. 201. OFFICE LOCATION.

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

4 U.S.C. 2033) is amended by striking ‘‘; however, the Com5 mission shall maintain an office for the service of process

6 and papers within the District of Columbia’’.

7 SEC. 202. LICENSE PERIOD.

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

9 U.S.C. 2133(c)) is amended—

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

11 the following:

12 ‘‘c. LICENSE PERIOD.—

13 ‘‘(1) IN GENERAL.—Each such’’; and

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

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

16 combined construction and operating license issued

17 under section 185(b), the initial duration of the li18 cense may not exceed 40 years from the date on

19 which the Commission finds, before operation of the

20 facility, that the acceptance criteria required by sec21 tion 185(b) are met.’’.

22 SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.

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

24 U.S.C. 2135) is amended by adding at the end the fol25 lowing:
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1 ‘‘(d) APPLICABILITY.—Subsection (c) shall not apply

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

3 utilization facility under section 103 or 104(b) that is

4 pending on or that is filed on or after the date of enact5 ment of this subsection.’’.

6 SEC. 204. GIFT ACCEPTANCE AUTHORITY.

7 (a) IN GENERAL.—Section 161g. of the Atomic En8 ergy Act of 1954 (42 U.S.C. 2201(g)) is amended—

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

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

11 Act; or’’; and

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

13 ‘‘(2) accept, hold, utilize, and administer gifts

14 of real and personal property (not including money)

15 for the purpose of aiding or facilitating the work of

16 the Nuclear Regulatory Commission.’’.

17 (b) CRITERIA FOR ACCEPTANCE OF GIFTS.—

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

19 Atomic Energy Act of 1954 (42 U.S.C. 2201 et

20 seq.) is amended by adding at the end the following:

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

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

23 written criteria for determining whether to accept gifts

24 under section 161g.(2).
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1 ‘‘(b) CONSIDERATIONS.—The criteria under sub2 section (a) shall take into consideration whether the ac3 ceptance of the gift would compromise the integrity of, or

4 the appearance of the integrity of, the Commission or any

5 officer or employee of the Commission.’’.

6 (2) CONFORMING AND TECHNICAL AMEND7 MENTS.—The table of contents of chapter 14 of title

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

9 prec. 2011) is amended by adding at the end the fol10 lowing:

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

11 SEC. 205. CARRYING OF FIREARMS BY LICENSEE EMPLOY12 EES.

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

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

15 by section 204(b)) is amended—

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

17 inserting the following:

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

19 of official duties such of its members, officers, and employ20 ees, such of the employees of its contractors and sub21 contractors (at any tier) engaged in the protection of prop22 erty under the jurisdiction of the United States located

23 at facilities owned by or contracted to the United States

24 or being transported to or from such facilities, and such

25 of the employees of persons licensed or certified by the
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1 Commission (including employees of contractors of licens2 ees or certificate holders) engaged in the protection of fa3 cilities owned or operated by a Commission licensee or cer4 tificate holder that are designated by the Commission or

5 in the protection of property of significance to the common

6 defense and security located at facilities owned or operated

7 by a Commission licensee or certificate holder or being

8 transported to or from such facilities, as the Commission

9 considers necessary in the interest of the common defense

10 and security;’’ and

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

12 ‘‘SEC. 170D. CARRYING OF FIREARMS.

13 ‘‘(a) AUTHORITY TO MAKE ARREST.—

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

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

16 performance of, and in connection with, official du17 ties, arrest an individual without a warrant for any

18 offense against the United States committed in the

19 presence of the person or for any felony under the

20 laws of the United States if the person has a reason21 able ground to believe that the individual has com22 mitted or is committing such a felony.

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

24 or subcontractor or of a Commission licensee or cer25 tificate holder (or a contractor of a licensee or cer-
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1 tificate holder) authorized to make an arrest under

2 paragraph (1) may make an arrest only—

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

4 flight directly from, the area in which the of5 fense was committed; and

6 ‘‘(B) in the enforcement of—

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

8 the United States in the custody of the De9 partment of Energy, the Nuclear Regu10 latory Commission, or a contractor of the

11 Department of Energy or Nuclear Regu12 latory Commission or a licensee or certifi13 cate holder of the Commission;

14 ‘‘(ii) a law applicable to facilities

15 owned or operated by a Commission li16 censee or certificate holder that are des17 ignated by the Commission under section

18 161k.;

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

20 significance to the common defense and se21 curity that is in the custody of a licensee

22 or certificate holder or a contractor of a li23 censee or certificate holder of the Commis24 sion; or
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1 ‘‘(iv) any provision of this Act that

2 subjects an offender to a fine, imprison3 ment, or both.

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

5 conferred by this section is in addition to any arrest

6 authority under other law.

7 ‘‘(4) GUIDELINES.—The Secretary and the

8 Commission, with the approval of the Attorney Gen9 eral, shall issue guidelines to implement section

10 161k. and this subsection.’’.

11 (b) CONFORMING AND TECHNICAL AMENDMENTS.—

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

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

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

15 the following:

‘‘Sec. 170D. Carrying of firearms.’’.

16 SEC. 206. UNAUTHORIZED INTRODUCTION OF DANGEROUS

17 WEAPONS.

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

19 U.S.C. 2278a(a)) is amended in the first sentence by in20 serting ‘‘or subject to the licensing authority of the Com21 mission or to certification by the Commission under this

22 Act or any other Act’’ before the period at the end.

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

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

25 U.S.C. 2284(a)) is amended—
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1 (1) in paragraph (2), by striking ‘‘storage facil2 ity’’ and inserting ‘‘storage, treatment, or disposal

3 facility’’;

4 (2) in paragraph (3)—

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

6 and inserting ‘‘a utilization facility licensed

7 under this Act’’; and

8 (B) by striking ‘‘or’’ at the end;

9 (3) in paragraph (4)—

10 (A) by striking ‘‘facility licensed’’ and in11 serting ‘‘or nuclear fuel fabrication facility li12 censed or certified’’; and

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

14 inserting ‘‘; or’’; and

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

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

17 waste treatment, waste disposal, uranium enrich18 ment, or nuclear fuel fabrication facility subject to

19 licensing or certification under this Act during con20 struction of the facility, if the person knows or rea21 sonably should know that there is a significant pos22 sibility that the destruction or damage caused or at23 tempted to be caused could adversely affect public
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1 health and safety during the operation of the facil2 ity.’’.

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 forother purposes.