II 

109TH CONGRESS 

1ST SESSION S. 858 

To reauthorize Nuclear Regulatory Commission user fees, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 20, 2005 

Mr. VOINOVICH (for himself and Mr. INHOFE) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To reauthorize Nuclear Regulatory Commission user fees, 

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 ‘‘Nuclear Fees Reauthorization Act of 2005’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—NRC USER FEES 

Sec. 101. Nuclear Regulatory Commission user fees and annual charges. 

TITLE II—NRC REFORM 
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Sec. 201. Treatment of nuclear reactor financial obligations. 

Sec. 202. Period of combined license. 

Sec. 203. Elimination of NRC antitrust reviews. 

Sec. 204. Scope of environmental review. 

Sec. 205. Medical isotope production. 

Sec. 206. Cost recovery from government agencies. 

Sec. 207. Conflicts of interest relating to contracts and other arrangements. 

Sec. 208. Hearing procedures. 

Sec. 209. Authorization of appropriations. 

TITLE III—NRC HUMAN CAPITAL PROVISIONS 

Sec. 301. Provision of support to university nuclear safety, security, and environmental protection programs. 

Sec. 302. Promotional items. 

Sec. 303. Expenses authorized to be paid by the Nuclear Regulatory Commission. 

Sec. 304. Nuclear Regulatory Commission scholarship and fellowship program. 

Sec. 305. Partnership program with institutions of higher education. 

Sec. 306. Elimination of pension offset for certain rehired Federal retirees. 

Sec. 307. Authorization of appropriations. 

1 TITLE I—NRC USER FEES 

2 SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES 

3 AND ANNUAL CHARGES. 

4 (a) IN GENERAL.—Section 6101 of the Omnibus 

5 Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by striking ‘‘Except 

9 as provided in paragraph (3), the’’ and insert10 ing ‘‘The’’; and 

11 (B) by striking paragraph (3); and 

12 (2) in subsection (c)(2)— 

13 (A) in subparagraph (A)— 

14 (i) in clause (i), by striking ‘‘and’’ at 

15 the end; 
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1 (ii) in clause (ii), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(iii) amounts appropriated to the 

6 Nuclear Regulatory Commission for the 

7 fiscal year for implementation of section 

8 3116 of the Ronald W. Reagan National 

9 Defense Authorization Act for Fiscal Year 

10 2005 (118 Stat. 2162; 50 U.S.C. 2601 

11 note)’’; and 

12 (B) in subparagraph (B)(v), by inserting 

13 ‘‘and each fiscal year thereafter’’ after ‘‘2005’’. 

14 (b) NUCLEAR REGULATORY COMMISSION ANNUAL

15 CHARGES.—Section 7601 of the Consolidated Omnibus 

16 Budget Reconciliation Act of 1985 (42 U.S.C. 2213) is 

17 repealed. 

18 TITLE II—NRC REFORM 

19 SEC. 201. TREATMENT OF NUCLEAR REACTOR FINANCIAL 

20 OBLIGATIONS. 

21 Section 523 of title 11, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(f) TREATMENT OF NUCLEAR REACTOR FINANCIAL

24 OBLIGATIONS.—Notwithstanding any other provision of 

25 this title— 
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1 ‘‘(1) any funds or other assets held by a li2 censee or former licensee of the Nuclear Regulatory 

3 Commission, or by any other person, to satisfy the 

4 responsibility of the licensee, former licensee, or any 

5 other person to comply with a regulation or order of 

6 the Nuclear Regulatory Commission governing the 

7 decontamination and decommissioning of a nuclear 

8 power reactor licensed under section 103 or 104 b. 

9 of the Atomic Energy Act of 1954 (42 U.S.C. 2133, 

10 2134(b)) shall not be used to satisfy the claim of 

11 any creditor in any proceeding under this title, other 

12 than a claim resulting from an activity undertaken 

13 to satisfy that responsibility, until the decontamina14 tion and decommissioning of the nuclear power reac15 tor is completed to the satisfaction of the Nuclear 

16 Regulatory Commission; 

17 ‘‘(2) obligations of licensees, former licensees, 

18 or any other person to use funds or other assets to 

19 satisfy a responsibility described in paragraph (1) 

20 may not be rejected, avoided, or discharged in any 

21 proceeding under this title or in any liquidation, re22 organization, receivership, or other insolvency pro23 ceeding under Federal or State law; and 

24 ‘‘(3) private insurance premiums and standard 

25 deferred premiums held and maintained in accord-
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1 ance with section 170 b. of the Atomic Energy Act 

2 of 1954 (42 U.S.C. 2210(b)) shall not be used to 

3 satisfy the claim of any creditor in any proceeding 

4 under this title, until the indemnification agreement 

5 executed in accordance with section 170 c. of that 

6 Act (42 U.S.C. 2210(c)) is terminated.’’. 

7 SEC. 202. PERIOD OF COMBINED LICENSE. 

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

9 U.S.C. 2133(c)) is amended by striking ‘‘forty years’’ and 

10 inserting ‘‘40 years from the authorization to commence 

11 operations’’. 

12 SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS. 

13 Section 105 c. of the Atomic Energy Act of 1954 (42 

14 U.S.C. 2135(c)) is amended by adding at the end the fol15 lowing: 

16 ‘‘(9) APPLICABILITY.—This subsection does not 

17 apply to an application for a license to construct or 

18 operate a utilization facility or production facility 

19 under section 103 or 104 b., if the application is 

20 filed on or after, or is pending on, the date of enact21 ment of this paragraph.’’. 

22 SEC. 204. SCOPE OF ENVIRONMENTAL REVIEW. 

23 (a) IN GENERAL.—Chapter 10 of title I of the Atomic 

24 Energy Act of 1954 (42 U.S.C. 2131 et seq.) is amend25 ed— 
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1 (1) by redesignating sections 110 and 111 as 

2 section 111 and 112, respectively; and 

3 (2) by inserting after section 109 the following: 

4 ‘‘SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW. 

5 ‘‘In conducting any environmental review (including 

6 any activity conducted under section 102 of the National 

7 Environmental Policy Act of 1969 (42 U.S.C. 4332)) in 

8 connection with an application for a license or a renewed 

9 license under this chapter, the Commission shall not give 

10 any consideration to the need for, or any alternative to, 

11 the facility to be licensed.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) The table of contents of the Atomic Energy 

14 Act of 1954 (42 U.S.C. prec. 2011) is amended by 

15 striking the item relating to section 110 and insert16 ing the following: 

‘‘Sec. 110. Scope of environmental review. 

‘‘Sec. 111. Exclusions. 

‘‘Sec. 112. Licensing by Nuclear Regulatory Commission of distribution of 

certain materials by Department of Energy.’’; 

17 (2) Section 57 b. of the Atomic Energy Act of 

18 1954 (42 U.S.C. 2077(b)) is amended in the last 

19 sentence by striking ‘‘section 111 b.’’ and inserting 

20 ‘‘section 112 b.’’. 

21 (3) Section 131 a.(2)(C) of the Atomic Energy 

22 Act of 1954 (42 U.S.C 2160(a)(2)(C), by striking 

23 ‘‘section 111 b.’’ and inserting ‘‘section 112 b.’’. 
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1 (4) Section 202 of the Energy Reorganization 

2 Act of 1974 (42 U.S.C. 5842) is amended— 

3 (A) by striking ‘‘section 110 a.’’ and in4 serting ‘‘section 111 a.’’; and 

5 (B) by striking ‘‘section 110 b.’’ and in6 serting ‘‘section 111 b.’’. 

7 SEC. 205. MEDICAL ISOTOPE PRODUCTION. 

8 Section 134 of the Atomic Energy Act of 1954 (42 

9 U.S.C. 2160d) is amended— 

10 (1) by redesignating subsections a. and b. as 

11 subsections b. and a., respectively, and by moving 

12 subsection b. (as so redesignated) to the end of the 

13 section; 

14 (2) in subsection b. (as so redesignated), by 

15 striking ‘‘b. The Commission’’ and inserting ‘‘b. RE16 STRICTIONS.—Except as provided in subsection c., 

17 the Commission’’; and 

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

19 ‘‘c. MEDICAL ISOTOPE PRODUCTION.— 

20 ‘‘(1) DEFINITIONS.—In this subsection: 

21 ‘‘(A) MEDICAL ISOTOPE.—The term ‘med22 ical isotope’ includes Molybdenum 99, Iodine 

23 131, Xenon 133, and other radioactive mate24 rials used to produce a radiopharmaceutical for 
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1 diagnostic, therapeutic procedures or for re2 search and development. 

3 ‘‘(B) RADIOPHARMACEUTICAL.—The term 

4 ‘radiopharmaceutical’ means a radioactive iso5 tope that— 

6 ‘‘(i) contains byproduct material com7 bined with chemical or biological material; 

8 and 

9 ‘‘(ii) is designed to accumulate tempo10 rarily in a part of the body for therapeutic 

11 purposes or for enabling the production of 

12 a useful image for use in a diagnosis of a 

13 medical condition. 

14 ‘‘(C) RECIPIENT COUNTRY.—The term ‘re15 cipient country’ means Belgium, Canada, 

16 France, Germany, and the Netherlands. 

17 ‘‘(2) LICENSES.—The Commission may issue a 

18 license authorizing the export (including shipment to 

19 and use at intermediate and ultimate consignees 

20 specified in the license) to a recipient country of 

21 highly enriched uranium for medical isotope produc22 tion if, in addition to any other requirements of this 

23 Act (except subsection b.), the Commission deter24 mines that— 
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1 ‘‘(A) a recipient country that supplies an 

2 assurance letter to the United States Govern3 ment in connection with the consideration by 

4 the Commission of the export license applica5 tion has informed the United States Govern6 ment that any intermediate consignees and the 

7 ultimate consignee specified in the application 

8 are required to use the highly enriched uranium 

9 solely to produce medical isotopes; and 

10 ‘‘(B) the highly enriched uranium for med11 ical isotope production will be irradiated only in 

12 a reactor in a recipient country that— 

13 ‘‘(i) uses an alternative nuclear reac14 tor fuel; or 

15 ‘‘(ii) is the subject of an agreement 

16 with the United States Government to con17 vert to an alternative nuclear reactor fuel 

18 when alternative nuclear reactor fuel can 

19 be used in the reactor. 

20 ‘‘(3) REVIEW OF PHYSICAL PROTECTION RE21 QUIREMENTS.— 

22 ‘‘(A) IN GENERAL.—The Commission shall 

23 review the adequacy of physical protection re24 quirements that, as of the date of an applica25 tion under paragraph (2), are applicable to the 
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1 transportation and storage of highly enriched 

2 uranium for medical isotope production or con3 trol of residual material after irradiation and 

4 extraction of medical isotopes. 

5 ‘‘(B) IMPOSITION OF ADDITIONAL RE6 QUIREMENTS.—If the Commission determines 

7 that additional physical protection requirements 

8 are necessary (including a limit on the quantity 

9 of highly enriched uranium that may be con10 tained in a single shipment), the Commission 

11 shall impose such requirements as license condi12 tions or through other appropriate means. 

13 ‘‘(4) FIRST REPORT TO CONGRESS.— 

14 ‘‘(A) NATIONAL ACADEMY OF SCIENCES

15 STUDY.—The Secretary shall enter into an ar16 rangement with the National Academy of 

17 Sciences to conduct a study to determine— 

18 ‘‘(i) the feasibility of procuring sup19 plies of medical isotopes from commercial 

20 sources that do not use highly enriched 

21 uranium; 

22 ‘‘(ii) the current and projected de23 mand and availability of medical isotopes 

24 in regular current domestic use; 
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1 ‘‘(iii) the progress that is being made 

2 by the Department of Energy and others 

3 to eliminate all use of highly enriched ura4 nium in reactor fuel, reactor targets, and 

5 medical isotope production facilities; and 

6 ‘‘(iv) the potential cost differential in 

7 medical isotope production in the reactors 

8 and target processing facilities if the prod9 ucts were derived from production systems 

10 that do not involve fuels and targets with 

11 highly enriched uranium. 

12 ‘‘(B) FEASIBILITY.—For the purpose of 

13 this subsection, the use of low enriched uranium 

14 to produce medical isotopes shall be determined 

15 to be feasible if— 

16 ‘‘(i) low enriched uranium targets 

17 have been developed and demonstrated for 

18 use in the reactors and target processing 

19 facilities that produce significant quantities 

20 of medical isotopes to serve United States 

21 needs for such isotopes; 

22 ‘‘(ii) sufficient quantities of medical 

23 isotopes are available from low enriched 

24 uranium targets and fuel to meet United 

25 States domestic needs; and 
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1 ‘‘(iii) the average anticipated total 

2 cost increase from production of medical 

3 isotopes in such facilities without use of 

4 highly enriched uranium is less than 10 

5 percent. 

6 ‘‘(C) REPORT BY THE SECRETARY.—Not 

7 later than 5 years after the date of enactment 

8 of the Nuclear Fees Reauthorization Act of 

9 2005, the Secretary shall submit to Congress a 

10 report that— 

11 ‘‘(i) contains the findings of the Na12 tional Academy of Sciences made in the 

13 study under subparagraph (A); and 

14 ‘‘(ii) discloses the existence of any 

15 commitments from commercial producers 

16 to provide domestic requirements for med17 ical isotopes without use of highly enriched 

18 uranium consistent with the feasibility cri19 teria described in subparagraph (B) not 

20 later than the date that is 4 years after 

21 the date of submission of the report. 

22 ‘‘(5) SECOND REPORT TO CONGRESS.—If the 

23 study of the National Academy of Sciences deter24 mines under paragraph (4)(A)(i) that the procure25 ment of supplies of medical isotopes from commer-
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1 cial sources that do not use highly enriched uranium 

2 is feasible, but the Secretary is unable to report the 

3 existence of commitments under paragraph 

4 (4)(C)(ii), not later than the date that is 6 years 

5 after the date of enactment of the Nuclear Fees Re6 authorization Act of 2005, the Secretary shall sub7 mit to Congress a report that describes options for 

8 developing domestic supplies of medical isotopes in 

9 quantities that are adequate to meet domestic de10 mand without the use of highly enriched uranium 

11 consistent with the cost increase described in para12 graph (4)(B)(iii). 

13 ‘‘(6) CERTIFICATION.—At such time as com14 mercial facilities that do not use highly enriched 

15 uranium are capable of meeting domestic require16 ments for medical isotopes, within the cost increase 

17 described in paragraph (4)(B)(iii) and without im18 pairing the reliable supply of medical isotopes for 

19 domestic utilization, the Secretary shall submit to 

20 Congress a certification to that effect. 

21 ‘‘(7) SUNSET PROVISION.—After the Secretary 

22 submits a certification under paragraph (6), the 

23 Commission shall, by rule, terminate the review of 

24 the Commission of export license applications under 

25 this subsection.’’. 
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1 SEC. 206. COST RECOVERY FROM GOVERNMENT AGENCIES. 

2 Section 161 w. of the Atomic Energy Act of 1954 

3 (42 U.S.C. 2201(w)) is amended— 

4 (1) by striking ‘‘for or is issued’’ and all that 

5 follows through ‘‘1702’’ and inserting ‘‘to the Nu6 clear Regulatory Commission for, or is issued by the 

7 Nuclear Regulatory Commission, a license or certifi8 cate’’; 

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

10 and 

11 (3) by striking ‘‘, of applicants for, or holders 

12 of, such licenses or certificates’’. 

13 SEC. 207. CONFLICTS OF INTEREST RELATING TO CON14 TRACTS AND OTHER ARRANGEMENTS. 

15 Section 170A b. of the Atomic Energy Act of 1954 

16 (42 U.S.C. 2210a(b)) is amended— 

17 (1) by redesignating paragraphs (1) and (2) as 

18 subparagraphs (A) and (B), respectively, and indent19 ing appropriately; 

20 (2) by striking ‘‘b. The Commission’’ and in21 serting the following: 

22 ‘‘b. EVALUATION.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), the Commission’’; and 

25 (3) by adding at the end the following: 
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1 ‘‘(2) NUCLEAR REGULATORY COMMISSION.— 

2 Notwithstanding any conflict of interest, the Nuclear 

3 Regulatory Commission may enter into a contract, 

4 agreement, or arrangement with the Department of 

5 Energy or the operator of a Department of Energy 

6 facility, if the Nuclear Regulatory Commission deter7 mines that— 

8 ‘‘(A) the conflict of interest cannot be miti9 gated; and 

10 ‘‘(B) adequate justification exists to pro11 ceed without mitigation of the conflict of inter12 est.’’. 

13 SEC. 208. HEARING PROCEDURES. 

14 Section 189 a. (1) of the Atomic Energy Act of 1954 

15 (42 U.S.C. 2239(a)(1)) is amended by adding at the end 

16 the following: 

17 ‘‘(C) HEARINGS.—A hearing under this 

18 section shall be conducted using informal adju19 dicatory procedures unless the Commission de20 termines that formal adjudicatory procedures 

21 are necessary— 

22 ‘‘(i) to develop a sufficient record; or 

23 ‘‘(ii) to achieve fairness.’’. 
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1 SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this title and the amendments made by this title such 

4 sums as are necessary for fiscal year 2006 and each subse5 quent fiscal year. 

6 TITLE III—NRC HUMAN CAPITAL 

7 PROVISIONS 

8 SEC. 301. PROVISION OF SUPPORT TO UNIVERSITY NU9 CLEAR SAFETY, SECURITY, AND ENVIRON10 MENTAL PROTECTION PROGRAMS. 

11 Section 31 b. of the Atomic Energy Act of 1954 (42 

12 U.S.C. 2051(b)) is amended— 

13 (1) by striking ‘‘b. The Commission is further 

14 authorized to make’’ and inserting the following: 

15 ‘‘b. GRANTS AND CONTRIBUTIONS.—The Commis16 sion is authorized— 

17 ‘‘(1) to make’’; 

18 (2) in paragraph (1) (as designated by para19 graph (1)) by striking the period at the end and in20 serting ‘‘; and’’; and 

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

22 ‘‘(2) to provide grants, loans, cooperative agree23 ments, contracts, and equipment to institutions of 

24 higher education (as defined in section 102 of the 

25 Higher Education Act of 1965 (20 U.S.C. 1002)) to 

26 support courses, studies, training, curricula, and dis-
17 

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1 ciplines pertaining to nuclear safety, security, or en2 vironmental protection, or any other field that the 

3 Commission determines to be critical to the regu4 latory mission of the Commission.’’. 

5 SEC. 302. PROMOTIONAL ITEMS. 

6 Chapter 14 of the Atomic Energy Act of 1954 (42 

7 U.S.C. 2201 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 170C. PROMOTIONAL ITEMS. 

10 ‘‘The Commission may purchase promotional items of 

11 nominal value for use in the recruitment of individuals for 

12 employment.’’. 

13 SEC. 303. EXPENSES AUTHORIZED TO BE PAID BY THE NU14 CLEAR REGULATORY COMMISSION. 

15 Chapter 14 of the Atomic Energy Act of 1954 (42 

16 U.S.C. 2201 et seq.) (as amended by section 302) is 

17 amended by adding at the end the following: 

18 ‘‘SEC. 170D. EXPENSES AUTHORIZED TO BE PAID BY THE 

19 COMMISSION. 

20 ‘‘The Commission may— 

21 ‘‘(1) pay transportation, lodging, and subsist22 ence expenses of employees who— 

23 ‘‘(A) assist scientific, professional, admin24 istrative, or technical employees of the Commis25 sion; and 
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1 ‘‘(B) are students in good standing at an 

2 institution of higher education (as defined in 

3 section 102 of the Higher Education Act of 

4 1965 (20 U.S.C. 1002)) pursuing courses re5 lated to the field in which the students are em6 ployed by the Commission; and 

7 ‘‘(2) pay the costs of health and medical serv8 ices furnished, pursuant to an agreement between 

9 the Commission and the Department of State, to 

10 employees of the Commission and dependents of the 

11 employees serving in foreign countries.’’. 

12 SEC. 304. NUCLEAR REGULATORY COMMISSION SCHOLAR13 SHIP AND FELLOWSHIP PROGRAM. 

14 Chapter 19 of the Atomic Energy Act of 1954 is 

15 amended by inserting after section 242 (42 U.S.C. 2015a) 

16 the following: 

17 ‘‘SEC. 243. SCHOLARSHIP AND FELLOWSHIP PROGRAM. 

18 ‘‘(a) SCHOLARSHIP PROGRAM.—To enable students 

19 to study, for at least 1 academic semester or equivalent 

20 term, science, engineering, or another field of study that 

21 the Commission determines is in a critical skill area re22 lated to the regulatory mission of the Commission, the 

23 Commission may carry out a program to— 

24 ‘‘(1) award scholarships to undergraduate stu25 dents who— 
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1 ‘‘(A) are United States citizens; and 

2 ‘‘(B) enter into an agreement under sub3 section (c) to be employed by the Commission 

4 in the area of study for which the scholarship 

5 is awarded. 

6 ‘‘(b) FELLOWSHIP PROGRAM.—To enable students to 

7 pursue education in science, engineering, or another field 

8 of study that the Commission determines is in a critical 

9 skill area related to its regulatory mission, in a graduate 

10 or professional degree program offered by an institution 

11 of higher education in the United States, the Commission 

12 may carry out a program to— 

13 ‘‘(1) award fellowships to graduate students 

14 who— 

15 ‘‘(A) are United States citizens; and 

16 ‘‘(B) enter into an agreement under sub17 section (c) to be employed by the Commission 

18 in the area of study for which the fellowship is 

19 awarded. 

20 ‘‘(c) REQUIREMENTS.— 

21 ‘‘(1) IN GENERAL.—As a condition of receiving 

22 a scholarship or fellowship under subsection (a) or 

23 (b), a recipient of the scholarship or fellowship shall 

24 enter into an agreement with the Commission under 
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1 which, in return for the assistance, the recipient 

2 shall— 

3 ‘‘(A) maintain satisfactory academic 

4 progress in the studies of the recipient, as de5 termined by criteria established by the Commis6 sion; 

7 ‘‘(B) agree that failure to maintain satis8 factory academic progress shall constitute 

9 grounds on which the Commission may termi10 nate the assistance; 

11 ‘‘(C) on completion of the academic course 

12 of study in connection with which the assistance 

13 was provided, and in accordance with criteria 

14 established by the Commission, engage in em15 ployment by the Commission for a period speci16 fied by the Commission, that shall be not less 

17 than 1 time and not more than 3 times the pe18 riod for which the assistance was provided; and 

19 ‘‘(D) if the recipient fails to meet the re20 quirements of subparagraph (A), (B), or (C), 

21 reimburse the United States Government for— 

22 ‘‘(i) the entire amount of the assist23 ance provided the recipient under the 

24 scholarship or fellowship; and 
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1 ‘‘(ii) interest at a rate determined by 

2 the Commission. 

3 ‘‘(2) WAIVER OR SUSPENSION.—The Commis4 sion may establish criteria for the partial or total 

5 waiver or suspension of any obligation of service or 

6 payment incurred by a recipient of a scholarship or 

7 fellowship under this section. 

8 ‘‘(d) COMPETITIVE PROCESS.—Recipients of scholar9 ships or fellowships under this section shall be selected 

10 through a competitive process primarily on the basis of 

11 academic merit and such other criteria as the Commission 

12 may establish, with consideration given to financial need 

13 and the goal of promoting the participation of individuals 

14 identified in section 33 or 34 of the Science and Engineer15 ing Equal Opportunities Act (42 U.S.C. 1885a, 1885b). 

16 ‘‘(e) DIRECT APPOINTMENT.—The Commission may 

17 appoint directly, with no further competition, public no18 tice, or consideration of any other potential candidate, an 

19 individual who has completed the academic program for 

20 which a scholarship or fellowship was awarded by the 

21 Commission under this section.’’. 
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1 SEC. 305. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF 

2 HIGHER EDUCATION. 

3 Chapter 19 of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2015 et seq.) (as amended by section 304) is 

5 amended by inserting after section 243 the following: 

6 ‘‘SEC. 244. PARTNERSHIP PROGRAM WITH INSTITUTIONS 

7 OF HIGHER EDUCATION. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) HISPANIC-SERVING INSTITUTION.—The 

10 term ‘Hispanic-serving institution’ has the meaning 

11 given the term in section 502(a) of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1101a(a)). 

13 ‘‘(2) HISTORICALLY BLACK COLLEGE AND UNI14 VERSITY.—The term ‘historically Black college or 

15 university’ has the meaning given the term ‘part B 

16 institution’ in section 322 of the Higher Education 

17 Act of 1965 (20 U.S.C. 1061). 

18 ‘‘(3) TRIBAL COLLEGE.—The term ‘Tribal col19 lege’ has the meaning given the term ‘tribally con20 trolled college or university’ in section 2(a) of the 

21 Tribally Controlled College or University Assistance 

22 Act of 1978 (25 U.S.C. 1801(a)). 

23 ‘‘(b) PARTNERSHIP PROGRAM.—The Commission 

24 may establish and participate in activities relating to re25 search, mentoring, instruction, and training with institu26 tions of higher education, including Hispanic-serving insti-
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1 tutions, historically Black colleges or universities, and 

2 Tribal colleges, to strengthen the capacity of the institu3 tions— 

4 ‘‘(1) to educate and train students (including 

5 present or potential employees of the Commission); 

6 and 

7 ‘‘(2) to conduct research in the field of science, 

8 engineering, or law, or any other field that the Com9 mission determines is important to the work of the 

10 Commission.’’. 

11 SEC. 306. ELIMINATION OF PENSION OFFSET FOR CERTAIN 

12 REHIRED FEDERAL RETIREES. 

13 Chapter 14 of the Atomic Energy Act of 1954 (42 

14 U.S.C. 2201 et seq.) (as amended by sections 302 and 

15 303) is amended by adding at the end the following: 

16 ‘‘SEC. 170E. ELIMINATION OF PENSION OFFSET FOR CER17 TAIN REHIRED FEDERAL RETIREES. 

18 ‘‘(a) IN GENERAL.—The Commission may waive the 

19 application of section 8344 or 8468 of title 5, United 

20 States Code, on a case-by-case basis for employment of 

21 an annuitant— 

22 ‘‘(1) in a position of the Commission for which 

23 there is exceptional difficulty in recruiting or retain24 ing a qualified employee; or 
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1 ‘‘(2) when a temporary emergency hiring need 

2 exists. 

3 ‘‘(b) PROCEDURES.—The Commission shall prescribe 

4 procedures for the exercise of authority under this section, 

5 including— 

6 ‘‘(1) criteria for any exercise of authority; and 

7 ‘‘(2) procedures for a delegation of authority. 

8 ‘‘(c) EFFECT OF WAIVER.—An employee as to whom 

9 a waiver under this section is in effect shall not be consid10 ered an employee for purposes of subchapter II of chapter 

11 83, or chapter 84, of title 5, United States Code.’’. 

12 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to carry out 

14 this title and amendments made by this title such sums 

15 as may be necessary for fiscal year 2006 and each fiscal 

16 year thereafter. 

Æ