II 

Calendar No. 154 

109TH CONGRESS 

1ST SESSION S. 858 

[Report No. 109–100] 

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, Mr. INHOFE, and Mr. CARPER) introduced the 

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

JULY 1, 2005 

Reported by Mr. INHOFE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 
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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—NRC USER FEES 

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

TITLE II—NRC REFORM 

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. 

3 TITLE I—NRC USER FEES 

4 SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES 

5 AND ANNUAL CHARGES. 

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

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

8 amended— 

9 (1) in subsection (a)— 

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

11 as provided in paragraph (3), the’’ and insert12 ing ‘‘The’’; and 

13 (B) by striking paragraph (3); and 
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1 (2) in subsection (c)(2)— 

2 (A) in subparagraph (A)— 

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

4 the end; 

5 (ii) in clause (ii), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(iii) amounts appropriated to the 

10 Nuclear Regulatory Commission for the 

11 fiscal year for implementation of section 

12 3116 of the Ronald W. Reagan National 

13 Defense Authorization Act for Fiscal Year 

14 2005 (118 Stat. 2162; 50 U.S.C. 2601 

15 note)’’; and 

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

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

18 (b) NUCLEAR REGULATORY COMMISSION ANNUAL

19 CHARGES.—Section 7601 of the Consolidated Omnibus 

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

21 repealed. 
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1 TITLE II—NRC REFORM 

2 SEC. 201. TREATMENT OF NUCLEAR REACTOR FINANCIAL 

3 OBLIGATIONS. 

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

5 amended by adding at the end the following: 

6 ‘‘(f) TREATMENT OF NUCLEAR REACTOR FINANCIAL

7 OBLIGATIONS.—Notwithstanding any other provision of 

8 this title— 

9 ‘‘(1) any funds or other assets held by a li10 censee or former licensee of the Nuclear Regulatory 

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

12 responsibility of the licensee, former licensee, or any 

13 other person to comply with a regulation or order of 

14 the Nuclear Regulatory Commission governing the 

15 decontamination and decommissioning of a nuclear 

16 power reactor licensed under section 103 or 104 b. 

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

18 2134(b)) shall not be used to satisfy the claim of 

19 any creditor in any proceeding under this title, other 

20 than a claim resulting from an activity undertaken 

21 to satisfy that responsibility, until the decontamina22 tion and decommissioning of the nuclear power reac23 tor is completed to the satisfaction of the Nuclear 

24 Regulatory Commission; 
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1 ‘‘(2) obligations of licensees, former licensees, 

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

3 satisfy a responsibility described in paragraph (1) 

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

5 proceeding under this title or in any liquidation, re6 organization, receivership, or other insolvency pro7 ceeding under Federal or State law; and 

8 ‘‘(3) private insurance premiums and standard 

9 deferred premiums held and maintained in accord10 ance with section 170 b. of the Atomic Energy Act 

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

12 satisfy the claim of any creditor in any proceeding 

13 under this title, until the indemnification agreement 

14 executed in accordance with section 170 c. of that 

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

16 SEC. 202. PERIOD OF COMBINED LICENSE. 

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

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

19 inserting ‘‘40 years from the authorization to commence 

20 operations’’. 

21 SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS. 

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

23 U.S.C. 2135(c)) is amended by adding at the end the fol24 lowing: 
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1 ‘‘(9) APPLICABILITY.—This subsection does not 

2 apply to an application for a license to construct or 

3 operate a utilization facility or production facility 

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

5 filed on or after, or is pending on, the date of enact6 ment of this paragraph.’’. 

7 SEC. 204. SCOPE OF ENVIRONMENTAL REVIEW. 

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

9 Energy Act of 1954 (42 U.S.C. 2131 et seq.) is amend10 ed— 

11 (1) by redesignating sections 110 and 111 as 

12 section 111 and 112, respectively; and 

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

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

15 ‘‘In conducting any environmental review (including 

16 any activity conducted under section 102 of the National 

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

18 connection with an application for a license or a renewed 

19 license under this chapter, the Commission shall not give 

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

21 the facility to be licensed.’’. 

22 (b) CONFORMING AMENDMENTS.— 

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

24 Act of 1954 (42 U.S.C. prec. 2011) is amended by 
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1 striking the item relating to section 110 and insert2 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.’’; 

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

4 1954 (42 U.S.C. 2077(b)) is amended in the last 

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

6 ‘‘section 112 b.’’. 

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

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

9 ‘‘section 111 b.’’ and inserting ‘‘section 112 b.’’. 

10 (4) Section 202 of the Energy Reorganization 

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

12 (A) by striking ‘‘section 110 a.’’ and in13 serting ‘‘section 111 a.’’; and 

14 (B) by striking ‘‘section 110 b.’’ and in15 serting ‘‘section 111 b.’’. 

16 SEC. 205. MEDICAL ISOTOPE PRODUCTION. 

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

18 U.S.C. 2160d) is amended— 

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

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

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

22 section; 
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1 (2) in subsection b. (as so redesignated), by 

2 striking ‘‘b. The Commission’’ and inserting ‘‘b. RE3 STRICTIONS.—Except as provided in subsection c., 

4 the Commission’’; and 

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

6 ‘‘c. MEDICAL ISOTOPE PRODUCTION.— 

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

8 ‘‘(A) MEDICAL ISOTOPE.—The term ‘med9 ical isotope’ includes Molybdenum 99, Iodine 

10 131, Xenon 133, and other radioactive mate11 rials used to produce a radiopharmaceutical for 

12 diagnostic, therapeutic procedures or for re13 search and development. 

14 ‘‘(B) RADIOPHARMACEUTICAL.—The term 

15 ‘radiopharmaceutical’ means a radioactive iso16 tope that— 

17 ‘‘(i) contains byproduct material com18 bined with chemical or biological material; 

19 and 

20 ‘‘(ii) is designed to accumulate tempo21 rarily in a part of the body for therapeutic 

22 purposes or for enabling the production of 

23 a useful image for use in a diagnosis of a 

24 medical condition. 
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1 ‘‘(C) RECIPIENT COUNTRY.—The term ‘re2 cipient country’ means Belgium, Canada, 

3 France, Germany, and the Netherlands. 

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

5 license authorizing the export (including shipment to 

6 and use at intermediate and ultimate consignees 

7 specified in the license) to a recipient country of 

8 highly enriched uranium for medical isotope produc9 tion if, in addition to any other requirements of this 

10 Act (except subsection b.), the Commission deter11 mines that— 

12 ‘‘(A) a recipient country that supplies an 

13 assurance letter to the United States Govern14 ment in connection with the consideration by 

15 the Commission of the export license applica16 tion has informed the United States Govern17 ment that any intermediate consignees and the 

18 ultimate consignee specified in the application 

19 are required to use the highly enriched uranium 

20 solely to produce medical isotopes; and 

21 ‘‘(B) the highly enriched uranium for med22 ical isotope production will be irradiated only in 

23 a reactor in a recipient country that— 

24 ‘‘(i) uses an alternative nuclear reac25 tor fuel; or 
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1 ‘‘(ii) is the subject of an agreement 

2 with the United States Government to con3 vert to an alternative nuclear reactor fuel 

4 when alternative nuclear reactor fuel can 

5 be used in the reactor. 

6 ‘‘(3) REVIEW OF PHYSICAL PROTECTION RE7 QUIREMENTS.— 

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

9 review the adequacy of physical protection re10 quirements that, as of the date of an applica11 tion under paragraph (2), are applicable to the 

12 transportation and storage of highly enriched 

13 uranium for medical isotope production or con14 trol of residual material after irradiation and 

15 extraction of medical isotopes. 

16 ‘‘(B) IMPOSITION OF ADDITIONAL RE17 QUIREMENTS.—If the Commission determines 

18 that additional physical protection requirements 

19 are necessary (including a limit on the quantity 

20 of highly enriched uranium that may be con21 tained in a single shipment), the Commission 

22 shall impose such requirements as license condi23 tions or through other appropriate means. 

24 ‘‘(4) FIRST REPORT TO CONGRESS.— 
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1 ‘‘(A) NATIONAL ACADEMY OF SCIENCES

2 STUDY.—The Secretary shall enter into an ar3 rangement with the National Academy of 

4 Sciences to conduct a study to determine— 

5 ‘‘(i) the feasibility of procuring sup6 plies of medical isotopes from commercial 

7 sources that do not use highly enriched 

8 uranium; 

9 ‘‘(ii) the current and projected de10 mand and availability of medical isotopes 

11 in regular current domestic use; 

12 ‘‘(iii) the progress that is being made 

13 by the Department of Energy and others 

14 to eliminate all use of highly enriched ura15 nium in reactor fuel, reactor targets, and 

16 medical isotope production facilities; and 

17 ‘‘(iv) the potential cost differential in 

18 medical isotope production in the reactors 

19 and target processing facilities if the prod20 ucts were derived from production systems 

21 that do not involve fuels and targets with 

22 highly enriched uranium. 

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

24 this subsection, the use of low enriched uranium 
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1 to produce medical isotopes shall be determined 

2 to be feasible if— 

3 ‘‘(i) low enriched uranium targets 

4 have been developed and demonstrated for 

5 use in the reactors and target processing 

6 facilities that produce significant quantities 

7 of medical isotopes to serve United States 

8 needs for such isotopes; 

9 ‘‘(ii) sufficient quantities of medical 

10 isotopes are available from low enriched 

11 uranium targets and fuel to meet United 

12 States domestic needs; and 

13 ‘‘(iii) the average anticipated total 

14 cost increase from production of medical 

15 isotopes in such facilities without use of 

16 highly enriched uranium is less than 10 

17 percent. 

18 ‘‘(C) REPORT BY THE SECRETARY.—Not 

19 later than 5 years after the date of enactment 

20 of the Nuclear Fees Reauthorization Act of 

21 2005, the Secretary shall submit to Congress a 

22 report that— 

23 ‘‘(i) contains the findings of the Na24 tional Academy of Sciences made in the 

25 study under subparagraph (A); and 
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1 ‘‘(ii) discloses the existence of any 

2 commitments from commercial producers 

3 to provide domestic requirements for med4 ical isotopes without use of highly enriched 

5 uranium consistent with the feasibility cri6 teria described in subparagraph (B) not 

7 later than the date that is 4 years after 

8 the date of submission of the report. 

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

10 study of the National Academy of Sciences deter11 mines under paragraph (4)(A)(i) that the procure12 ment of supplies of medical isotopes from commer13 cial sources that do not use highly enriched uranium 

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

15 existence of commitments under paragraph 

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

17 after the date of enactment of the Nuclear Fees Re18 authorization Act of 2005, the Secretary shall sub19 mit to Congress a report that describes options for 

20 developing domestic supplies of medical isotopes in 

21 quantities that are adequate to meet domestic de22 mand without the use of highly enriched uranium 

23 consistent with the cost increase described in para24 graph (4)(B)(iii). 
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1 ‘‘(6) CERTIFICATION.—At such time as com2 mercial facilities that do not use highly enriched 

3 uranium are capable of meeting domestic require4 ments for medical isotopes, within the cost increase 

5 described in paragraph (4)(B)(iii) and without im6 pairing the reliable supply of medical isotopes for 

7 domestic utilization, the Secretary shall submit to 

8 Congress a certification to that effect. 

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

10 submits a certification under paragraph (6), the 

11 Commission shall, by rule, terminate the review of 

12 the Commission of export license applications under 

13 this subsection.’’. 

14 SEC. 206. COST RECOVERY FROM GOVERNMENT AGENCIES. 

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

16 (42 U.S.C. 2201(w)) is amended— 

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

18 follows through ‘‘1702’’ and inserting ‘‘to the Nu19 clear Regulatory Commission for, or is issued by the 

20 Nuclear Regulatory Commission, a license or certifi21 cate’’; 

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

23 and 

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

25 of, such licenses or certificates’’. 
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1 SEC. 207. CONFLICTS OF INTEREST RELATING TO CON2 TRACTS AND OTHER ARRANGEMENTS. 

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

4 (42 U.S.C. 2210a(b)) is amended— 

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

6 subparagraphs (A) and (B), respectively, and indent7 ing appropriately; 

8 (2) by striking ‘‘b. The Commission’’ and in9 serting the following: 

10 ‘‘b. EVALUATION.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), the Commission’’; and 

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

14 ‘‘(2) NUCLEAR REGULATORY COMMISSION.— 

15 Notwithstanding any conflict of interest, the Nuclear 

16 Regulatory Commission may enter into a contract, 

17 agreement, or arrangement with the Department of 

18 Energy or the operator of a Department of Energy 

19 facility, if the Nuclear Regulatory Commission deter20 mines that— 

21 ‘‘(A) the conflict of interest cannot be miti22 gated; and 

23 ‘‘(B) adequate justification exists to pro24 ceed without mitigation of the conflict of inter25 est.’’. 
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1 SEC. 208. HEARING PROCEDURES. 

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

3 (42 U.S.C. 2239(a)(1)) is amended by adding at the end 

4 the following: 

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

6 section shall be conducted using informal adju7 dicatory procedures unless the Commission de8 termines that formal adjudicatory procedures 

9 are necessary— 

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

11 ‘‘(ii) to achieve fairness.’’. 

12 SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to carry out 

14 this title and the amendments made by this title such 

15 sums as are necessary for fiscal year 2006 and each subse16 quent fiscal year. 

17 TITLE III—NRC HUMAN CAPITAL 

18 PROVISIONS 

19 SEC. 301. PROVISION OF SUPPORT TO UNIVERSITY NU20 CLEAR SAFETY, SECURITY, AND ENVIRON21 MENTAL PROTECTION PROGRAMS. 

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

23 U.S.C. 2051(b)) is amended— 

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

25 authorized to make’’ and inserting the following: 
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1 ‘‘b. GRANTS AND CONTRIBUTIONS.—The Commis2 sion is authorized— 

3 ‘‘(1) to make’’; 

4 (2) in paragraph (1) (as designated by para5 graph (1)) by striking the period at the end and in6 serting ‘‘; and’’; and 

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

8 ‘‘(2) to provide grants, loans, cooperative agree9 ments, contracts, and equipment to institutions of 

10 higher education (as defined in section 102 of the 

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

12 support courses, studies, training, curricula, and dis13 ciplines pertaining to nuclear safety, security, or en14 vironmental protection, or any other field that the 

15 Commission determines to be critical to the regu16 latory mission of the Commission.’’. 

17 SEC. 302. PROMOTIONAL ITEMS. 

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

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

20 the following: 

21 ‘‘SEC. 170C. PROMOTIONAL ITEMS. 

22 ‘‘The Commission may purchase promotional items of 

23 nominal value for use in the recruitment of individuals for 

24 employment.’’. 
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1 SEC. 303. EXPENSES AUTHORIZED TO BE PAID BY THE NU2 CLEAR REGULATORY COMMISSION. 

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

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

5 amended by adding at the end the following: 

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

7 COMMISSION. 

8 ‘‘The Commission may— 

9 ‘‘(1) pay transportation, lodging, and subsist10 ence expenses of employees who— 

11 ‘‘(A) assist scientific, professional, admin12 istrative, or technical employees of the Commis13 sion; and 

14 ‘‘(B) are students in good standing at an 

15 institution of higher education (as defined in 

16 section 102 of the Higher Education Act of 

17 1965 (20 U.S.C. 1002)) pursuing courses re18 lated to the field in which the students are em19 ployed by the Commission; and 

20 ‘‘(2) pay the costs of health and medical serv21 ices furnished, pursuant to an agreement between 

22 the Commission and the Department of State, to 

23 employees of the Commission and dependents of the 

24 employees serving in foreign countries.’’. 
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1 SEC. 304. NUCLEAR REGULATORY COMMISSION SCHOLAR2 SHIP AND FELLOWSHIP PROGRAM. 

3 Chapter 19 of the Atomic Energy Act of 1954 is 

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

5 the following: 

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

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

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

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

10 the Commission determines is in a critical skill area re11 lated to the regulatory mission of the Commission, the 

12 Commission may carry out a program to— 

13 ‘‘(1) award scholarships to undergraduate stu14 dents 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 scholarship 

19 is awarded. 

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

21 pursue education in science, engineering, or another field 

22 of study that the Commission determines is in a critical 

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

24 or professional degree program offered by an institution 

25 of higher education in the United States, the Commission 

26 may carry out a program to— 
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1 ‘‘(1) award fellowships to graduate students 

2 who— 

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

4 ‘‘(B) enter into an agreement under sub5 section (c) to be employed by the Commission 

6 in the area of study for which the fellowship is 

7 awarded. 

8 ‘‘(c) REQUIREMENTS.— 

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

10 a scholarship or fellowship under subsection (a) or 

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

12 enter into an agreement with the Commission under 

13 which, in return for the assistance, the recipient 

14 shall— 

15 ‘‘(A) maintain satisfactory academic 

16 progress in the studies of the recipient, as de17 termined by criteria established by the Commis18 sion; 

19 ‘‘(B) agree that failure to maintain satis20 factory academic progress shall constitute 

21 grounds on which the Commission may termi22 nate the assistance; 

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

24 of study in connection with which the assistance 

25 was provided, and in accordance with criteria 
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1 established by the Commission, engage in em2 ployment by the Commission for a period speci3 fied by the Commission, that shall be not less 

4 than 1 time and not more than 3 times the pe5 riod for which the assistance was provided; and 

6 ‘‘(D) if the recipient fails to meet the re7 quirements of subparagraph (A), (B), or (C), 

8 reimburse the United States Government for— 

9 ‘‘(i) the entire amount of the assist10 ance provided the recipient under the 

11 scholarship or fellowship; and 

12 ‘‘(ii) interest at a rate determined by 

13 the Commission. 

14 ‘‘(2) WAIVER OR SUSPENSION.—The Commis15 sion may establish criteria for the partial or total 

16 waiver or suspension of any obligation of service or 

17 payment incurred by a recipient of a scholarship or 

18 fellowship under this section. 

19 ‘‘(d) COMPETITIVE PROCESS.—Recipients of scholar20 ships or fellowships under this section shall be selected 

21 through a competitive process primarily on the basis of 

22 academic merit and such other criteria as the Commission 

23 may establish, with consideration given to financial need 

24 and the goal of promoting the participation of individuals 
22 

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1 identified in section 33 or 34 of the Science and Engineer2 ing Equal Opportunities Act (42 U.S.C. 1885a, 1885b). 

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

4 appoint directly, with no further competition, public no5 tice, or consideration of any other potential candidate, an 

6 individual who has completed the academic program for 

7 which a scholarship or fellowship was awarded by the 

8 Commission under this section.’’. 

9 SEC. 305. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF 

10 HIGHER EDUCATION. 

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

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

13 amended by inserting after section 243 the following: 

14 ‘‘SEC. 244. PARTNERSHIP PROGRAM WITH INSTITUTIONS 

15 OF HIGHER EDUCATION. 

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

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

18 term ‘Hispanic-serving institution’ has the meaning 

19 given the term in section 502(a) of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1101a(a)). 

21 ‘‘(2) HISTORICALLY BLACK COLLEGE AND UNI22 VERSITY.—The term ‘historically Black college or 

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

24 institution’ in section 322 of the Higher Education 

25 Act of 1965 (20 U.S.C. 1061). 
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1 ‘‘(3) TRIBAL COLLEGE.—The term ‘Tribal col2 lege’ has the meaning given the term ‘tribally con3 trolled college or university’ in section 2(a) of the 

4 Tribally Controlled College or University Assistance 

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

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

7 may establish and participate in activities relating to re8 search, mentoring, instruction, and training with institu9 tions of higher education, including Hispanic-serving insti10 tutions, historically Black colleges or universities, and 

11 Tribal colleges, to strengthen the capacity of the institu12 tions— 

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

14 present or potential employees of the Commission); 

15 and 

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

17 engineering, or law, or any other field that the Com18 mission determines is important to the work of the 

19 Commission.’’. 

20 SEC. 306. ELIMINATION OF PENSION OFFSET FOR CERTAIN 

21 REHIRED FEDERAL RETIREES. 

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

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

24 303) is amended by adding at the end the following: 
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1 ‘‘SEC. 170E. ELIMINATION OF PENSION OFFSET FOR CER2 TAIN REHIRED FEDERAL RETIREES. 

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

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

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

6 an annuitant— 

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

8 there is exceptional difficulty in recruiting or retain9 ing a qualified employee; or 

10 ‘‘(2) when a temporary emergency hiring need 

11 exists. 

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

13 procedures for the exercise of authority under this section, 

14 including— 

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

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

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

18 a waiver under this section is in effect shall not be consid19 ered an employee for purposes of subchapter II of chapter 

20 83, or chapter 84, of title 5, United States Code.’’. 

21 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated to carry out 

23 this title and amendments made by this title such sums 

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

25 year thereafter. 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Nu3 clear Fees Reauthorization Act of 2005’’. 

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

5 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 

Sec. 201. Treatment of nuclear reactor financial obligations. 

Sec. 202. Period of combined license. 

Sec. 203. Elimination of NRC antitrust reviews. 

Sec. 204. Medical isotope production. 

Sec. 205. Cost recovery from government agencies. 

Sec. 206. Conflicts of interest relating to contracts and other arrangements. 

Sec. 207. 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. Recruitment tools. 

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. 

6 TITLE I—NRC USER FEES 

7 SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES 

8 AND ANNUAL CHARGES. 

9 Section 6101 of the Omnibus Budget Reconciliation 

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

11 (1) in subsection (a)(3), by striking ‘‘2005’’ and 

12 inserting ‘‘2011’’ ; and 

13 (2) in subsection (c)(2)— 

14 (A) in subparagraph (A)— 
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1 (i) in clause (i), by striking ‘‘and’’ at 

2 the end; 

3 (ii) in clause (ii), by striking the pe4 riod at the end and inserting a semicolon; 

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(iii) amounts appropriated to the Nu9 clear Regulatory Commission for the fiscal 

10 year for implementation of section 3116 of 

11 the Ronald W. Reagan National Defense 

12 Authorization Act for Fiscal Year 2005 (118 

13 Stat. 2162; 50 U.S.C. 2601 note); and 

14 ‘‘(iv) amounts appropriated to the Nu15 clear Regulatory Commission for homeland 

16 security activities of the Nuclear Regulatory 

17 Commission for the fiscal year, except for 

18 the costs of fingerprinting and background 

19 checks required by section 149 of the Atomic 

20 Energy Act of 1954 (42 U.S.C. 2169) and 

21 the costs of conducting security inspec22 tions.’’; and 

23 (B) in subparagraph (B)(v), by striking 

24 ‘‘fiscal year 2005’’ and inserting ‘‘each of fiscal 

25 years 2005 through 2011’’. 
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1 TITLE II—NRC REFORM 

2 SEC. 201. TREATMENT OF NUCLEAR REACTOR FINANCIAL 

3 OBLIGATIONS. 

4 Section 541(b) of title 11, United States Code, is 

5 amended— 

6 (1) in paragraph (4), by striking ‘‘or’’ at the 

7 end; 

8 (2) in paragraph (5), by striking the period at 

9 the end and inserting ‘‘; or’’; and 

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

11 ‘‘(6) funds accumulated or otherwise designated 

12 for decontamination and decommissioning pursuant 

13 to a regulation or order of the Nuclear Regulatory 

14 Commission for a nuclear power reactor licensed 

15 under section 103 or 104 b. of the Atomic Energy Act 

16 of 1954 (42 U.S.C. 2133, 2134(b)).’’. 

17 SEC. 202. PERIOD OF COMBINED LICENSE. 

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

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

20 inserting ‘‘40 years from the authorization to commence op21 erations’’. 

22 SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS. 

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

24 U.S.C. 2135(c)) is amended by adding at the end the fol25 lowing: 
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1 ‘‘(9) APPLICABILITY.—This subsection does not 

2 apply to an application for a license to construct or 

3 operate a utilization facility or production facility 

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

5 on or after, or is pending on, the date of enactment 

6 of this paragraph.’’. 

7 SEC. 204. 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 sub11 sections b. and a., respectively, and by moving sub12 section b. (as so redesignated) to the end of the sec13 tion; 

14 (2) in subsection b. (as so redesignated), by strik15 ing ‘‘b. The Commission’’ and inserting ‘‘b. RESTRIC16 TIONS.—Except as provided in subsection c., the Nu17 clear Regulatory 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 materials 

24 used to produce a radiopharmaceutical for diag-
29 

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1 nostic, therapeutic procedures or for research and 

2 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 a 

12 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 Nuclear Regulatory Com18 mission may issue a license authorizing the export 

19 (including shipment to and use at intermediate and 

20 ultimate consignees specified in the license) to a re21 cipient country of highly enriched uranium for med22 ical isotope production if, in addition to any other re23 quirements of this Act (except subsection b.), the Nu24 clear Regulatory Commission determines that— 
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1 ‘‘(A) a recipient country that supplies an 

2 assurance letter to the United States Government 

3 in connection with the consideration by the Nu4 clear Regulatory Commission of the export li5 cense application has informed the United States 

6 Government that any intermediate consignees 

7 and the ultimate consignee specified in the ap8 plication are required to use the highly enriched 

9 uranium 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 reactor 

14 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 be 

19 used in the reactor. 

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

22 ‘‘(A) IN GENERAL.—The Nuclear Regulatory 

23 Commission shall review the adequacy of phys24 ical protection requirements that, as of the date 

25 of an application under paragraph (2), are ap-
31 

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1 plicable to the transportation and storage of 

2 highly enriched uranium for medical isotope pro3 duction or control of residual material after ir4 radiation and extraction of medical isotopes. 

5 ‘‘(B) IMPOSITION OF ADDITIONAL REQUIRE6 MENTS.—If the Nuclear Regulatory Commission 

7 determines that additional physical protection 

8 requirements are necessary (including a limit on 

9 the quantity of highly enriched uranium that 

10 may be contained in a single shipment), the Nu11 clear Regulatory Commission shall impose such 

12 requirements as license conditions or through 

13 other appropriate means. 

14 ‘‘(4) FIRST REPORT TO CONGRESS.— 

15 ‘‘(A) NATIONAL ACADEMY OF SCIENCES

16 STUDY.—The Secretary shall enter into an ar17 rangement with the National Academy of 

18 Sciences to conduct a study to determine— 

19 ‘‘(i) the feasibility of procuring sup20 plies of medical isotopes from commercial 

21 sources that do not use highly enriched ura22 nium; 

23 ‘‘(ii) the current and projected demand 

24 and availability of medical isotopes in reg25 ular current domestic use; 
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1 ‘‘(iii) the progress that is being made 

2 by the Department of Energy and others to 

3 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 this 

13 subsection, the use of low enriched uranium to 

14 produce medical isotopes shall be determined to 

15 be feasible if— 

16 ‘‘(i) low enriched uranium targets have 

17 been developed and demonstrated for use in 

18 the reactors and target processing facilities 

19 that produce significant quantities of med20 ical isotopes to serve United States needs for 

21 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 cost 

2 increase from production of medical isotopes 

3 in such facilities without use of highly en4 riched uranium is less than 10 percent. 

5 ‘‘(C) REPORT BY THE SECRETARY.—Not 

6 later than 5 years after the date of enactment of 

7 the Nuclear Fees Reauthorization Act of 2005, 

8 the Secretary shall submit to Congress a report 

9 that— 

10 ‘‘(i) contains the findings of the Na11 tional Academy of Sciences made in the 

12 study under subparagraph (A); and 

13 ‘‘(ii) discloses the existence of any com14 mitments from commercial producers to 

15 provide domestic requirements for medical 

16 isotopes without use of highly enriched ura17 nium consistent with the feasibility criteria 

18 described in subparagraph (B) not later 

19 than the date that is 4 years after the date 

20 of submission of the report. 

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

22 study of the National Academy of Sciences determines 

23 under paragraph (4)(A)(i) that the procurement of 

24 supplies of medical isotopes from commercial sources 

25 that do not use highly enriched uranium is feasible, 
34 

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1 but the Secretary is unable to report the existence of 

2 commitments under paragraph (4)(C)(ii), not later 

3 than the date that is 6 years after the date of enact4 ment of the Nuclear Fees Reauthorization Act of 2005, 

5 the Secretary shall submit to Congress a report that 

6 describes options for developing domestic supplies of 

7 medical isotopes in quantities that are adequate to 

8 meet domestic demand without the use of highly en9 riched uranium consistent with the cost increase de10 scribed in paragraph (4)(B)(iii). 

11 ‘‘(6) CERTIFICATION.—At such time as commer12 cial facilities that do not use highly enriched ura13 nium are capable of meeting domestic requirements 

14 for medical isotopes, within the cost increase described 

15 in paragraph (4)(B)(iii) and without impairing the 

16 reliable supply of medical isotopes for domestic utili17 zation, the Secretary shall submit to Congress a cer18 tification to that effect. 

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

20 submits a certification under paragraph (6), the Nu21 clear Regulatory Commission shall, by rule, terminate 

22 the review of the Nuclear Regulatory Commission of 

23 export license applications under this subsection.’’. 
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1 SEC. 205. COST RECOVERY FROM GOVERNMENT AGENCIES. 

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

3 U.S.C. 2201(w)) is amended— 

4 (1) by striking ‘‘for or is issued’’ and all that fol5 lows through ‘‘1702’’ and inserting ‘‘to the Nuclear 

6 Regulatory Commission for, or is issued by the Nu7 clear 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 of, 

12 such licenses or certificates’’. 

13 SEC. 206. CONFLICTS OF INTEREST RELATING TO CON14 TRACTS AND OTHER ARRANGEMENTS. 

15 Section 170A b. of the Atomic Energy Act of 1954 (42 

16 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 insert21 ing the following: 

22 ‘‘b. EVALUATION.— 

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

25 (3) by adding at the end the following: 
36 

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1 ‘‘(2) NUCLEAR REGULATORY COMMISSION.—Not2 withstanding 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 fa6 cility, 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 proceed 

11 without mitigation of the conflict of interest.’’. 

12 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to carry out 

14 this title and the amendments made by this title such sums 

15 as are necessary for fiscal year 2006 and each subsequent 

16 fiscal year. 

17 TITLE III—NRC HUMAN CAPITAL 

18 PROVISIONS 

19 SEC. 301. PROVISION OF SUPPORT TO UNIVERSITY NU20 CLEAR SAFETY, SECURITY, AND ENVIRON21 MENTAL PROTECTION PROGRAMS. 

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

23 U.S.C. 2051(b)) is amended— 

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

25 authorized to make’’ and inserting the following: 
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1 ‘‘b. GRANTS AND CONTRIBUTIONS.—The Nuclear Regu2 latory Commission is authorized— 

3 ‘‘(1) to make’’; 

4 (2) in paragraph (1) (as designated by para5 graph (1)) by striking the period at the end and in6 serting ‘‘; and’’; and 

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

8 ‘‘(2) to provide grants, loans, cooperative agree9 ments, contracts, and equipment to institutions of 

10 higher education (as defined in section 102 of the 

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

12 support courses, studies, training, curricula, and dis13 ciplines pertaining to nuclear safety, security, or en14 vironmental protection, or any other field that the 

15 Nuclear Regulatory Commission determines to be crit16 ical to the regulatory mission of the Nuclear Regu17 latory Commission.’’. 

18 SEC. 302. RECRUITMENT TOOLS. 

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

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

21 following: 

22 ‘‘SEC. 170C. RECRUITMENT TOOLS. 

23 ‘‘The Nuclear Regulatory Commission may purchase 

24 promotional items of nominal value for use in the recruit25 ment of individuals for employment.’’. 
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1 SEC. 303. EXPENSES AUTHORIZED TO BE PAID BY THE NU2 CLEAR REGULATORY COMMISSION. 

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

4 U.S.C. 2201 et seq.) (as amended by section 302) is amend5 ed by adding at the end the following: 

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

7 NUCLEAR REGULATORY COMMISSION. 

8 ‘‘The Nuclear Regulatory Commission may— 

9 ‘‘(1) pay transportation, lodging, and subsistence 

10 expenses of employees who— 

11 ‘‘(A) assist scientific, professional, adminis12 trative, or technical employees of the Nuclear 

13 Regulatory Commission; and 

14 ‘‘(B) are students in good standing at an 

15 institution of higher education (as defined in sec16 tion 102 of the Higher Education Act of 1965 

17 (20 U.S.C. 1002)) pursuing courses related to the 

18 field in which the students are employed by the 

19 Nuclear Regulatory Commission; and 

20 ‘‘(2) pay the costs of health and medical services 

21 furnished, pursuant to an agreement between the Nu22 clear Regulatory Commission and the Department of 

23 State, to employees of the Nuclear Regulatory Com24 mission and dependents of the employees serving in 

25 foreign countries.’’. 
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1 SEC. 304. NUCLEAR REGULATORY COMMISSION SCHOLAR2 SHIP AND FELLOWSHIP PROGRAM. 

3 Chapter 19 of the Atomic Energy Act of 1954 is 

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

5 the following: 

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

7 ‘‘a. SCHOLARSHIP PROGRAM.—To enable students to 

8 study, for at least 1 academic semester or equivalent term, 

9 science, engineering, or another field of study that the Nu10 clear Regulatory Commission determines is in a critical 

11 skill area related to the regulatory mission of the Nuclear 

12 Regulatory Commission, the Nuclear Regulatory Commis13 sion may carry out a program to— 

14 ‘‘(1) award scholarships to undergraduate stu15 dents who— 

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

17 ‘‘(B) enter into an agreement under sub18 section c. to be employed by the Nuclear Regu19 latory Commission in the area of study for 

20 which the scholarship is awarded. 

21 ‘‘b. FELLOWSHIP PROGRAM.—To enable students to 

22 pursue education in science, engineering, or another field 

23 of study that the Nuclear Regulatory Commission deter24 mines is in a critical skill area related to its regulatory 

25 mission, in a graduate or professional degree program of26 fered by an institution of higher education in the United 
40 

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1 States, the Nuclear Regulatory Commission may carry out 

2 a program to— 

3 ‘‘(1) award fellowships to graduate students 

4 who— 

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

6 ‘‘(B) enter into an agreement under sub7 section c. to be employed by the Nuclear Regu8 latory Commission in the area of study for 

9 which the fellowship is awarded. 

10 ‘‘c. REQUIREMENTS.— 

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

12 a scholarship or fellowship under subsection a. or b., 

13 a recipient of the scholarship or fellowship shall enter 

14 into an agreement with the Nuclear Regulatory Com15 mission under which, in return for the assistance, the 

16 recipient shall— 

17 ‘‘(A) maintain satisfactory academic 

18 progress in the studies of the recipient, as deter19 mined by criteria established by the Nuclear 

20 Regulatory Commission; 

21 ‘‘(B) agree that failure to maintain satisfac22 tory academic progress shall constitute grounds 

23 on which the Nuclear Regulatory Commission 

24 may terminate the assistance; 
41 

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

2 of study in connection with which the assistance 

3 was provided, and in accordance with criteria 

4 established by the Nuclear Regulatory Commis5 sion, engage in employment by the Nuclear Reg6 ulatory Commission for a period specified by the 

7 Nuclear Regulatory Commission, that shall be 

8 not less than 1 time and not more than 3 times 

9 the period for which the assistance was provided; 

10 and 

11 ‘‘(D) if the recipient fails to meet the re12 quirements of subparagraph (A), (B), or (C), re13 imburse the United States Government for— 

14 ‘‘(i) the entire amount of the assistance 

15 provided the recipient under the scholarship 

16 or fellowship; and 

17 ‘‘(ii) interest at a rate determined by 

18 the Nuclear Regulatory Commission. 

19 ‘‘(2) WAIVER OR SUSPENSION.—The Nuclear 

20 Regulatory Commission may establish criteria for the 

21 partial or total waiver or suspension of any obliga22 tion of service or payment incurred by a recipient of 

23 a scholarship or fellowship under this section. 

24 ‘‘d. COMPETITIVE PROCESS.—Recipients of scholar25 ships or fellowships under this section shall be selected 
42 

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1 through a competitive process primarily on the basis of aca2 demic merit and such other criteria as the Nuclear Regu3 latory Commission may establish, with consideration given 

4 to financial need and the goal of promoting the participa5 tion of individuals identified in section 33 or 34 of the 

6 Science and Engineering Equal Opportunities Act (42 

7 U.S.C. 1885a, 1885b). 

8 ‘‘e. DIRECT APPOINTMENT.—The Nuclear Regulatory 

9 Commission may appoint directly, with no further competi10 tion, public notice, or consideration of any other potential 

11 candidate, an individual who has— 

12 ‘‘(1) received a scholarship or fellowship awarded 

13 by the Nuclear Regulatory Commission under this 

14 section; and 

15 ‘‘(2) completed the academic program for which 

16 the scholarship or fellowship was awarded.’’. 

17 SEC. 305. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF 

18 HIGHER EDUCATION. 

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

20 U.S.C. 2015 et seq.) (as amended by section 304) is amend21 ed by inserting after section 243 the following: 

22 ‘‘SEC. 244. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF 

23 HIGHER EDUCATION. 

24 ‘‘a. DEFINITIONS.—In this section: 
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1 ‘‘(1) HISPANIC-SERVING INSTITUTION.—The term 

2 ‘Hispanic-serving institution’ has the meaning given 

3 the term in section 502(a) of the Higher Education 

4 Act of 1965 (20 U.S.C. 1101a(a)). 

5 ‘‘(2) HISTORICALLY BLACK COLLEGE AND UNI6 VERSITY.—The term ‘historically Black college or uni7 versity’ has the meaning given the term ‘part B insti8 tution’ in section 322 of the Higher Education Act of 

9 1965 (20 U.S.C. 1061). 

10 ‘‘(3) TRIBAL COLLEGE.—The term ‘Tribal col11 lege’ has the meaning given the term ‘tribally con12 trolled college or university’ in section 2(a) of the 

13 Tribally Controlled College or University Assistance 

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

15 ‘‘b. PARTNERSHIP PROGRAM.—The Nuclear Regu16 latory Commission may establish and participate in activi17 ties relating to research, mentoring, instruction, and train18 ing with institutions of higher education, including His19 panic-serving institutions, historically Black colleges or 

20 universities, and Tribal colleges, to strengthen the capacity 

21 of the institutions— 

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

23 present or potential employees of the Nuclear Regu24 latory Commission); and 
44 

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

2 engineering, or law, or any other field that the Nu3 clear Regulatory Commission determines is important 

4 to the work of the Nuclear Regulatory Commission.’’. 

5 SEC. 306. ELIMINATION OF PENSION OFFSET FOR CERTAIN 

6 REHIRED FEDERAL RETIREES. 

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

8 U.S.C. 2201 et seq.) (as amended by sections 302 and 303) 

9 is amended by adding at the end the following: 

10 ‘‘SEC. 170E. ELIMINATION OF PENSION OFFSET FOR CER11 TAIN REHIRED FEDERAL RETIREES. 

12 ‘‘a. IN GENERAL.—The Nuclear Regulatory Commis13 sion may waive the application of section 8344 or 8468 of 

14 title 5, United States Code, on a case-by-case basis for em15 ployment of an annuitant— 

16 ‘‘(1) in a position of the Nuclear Regulatory 

17 Commission for which there is exceptional difficulty 

18 in recruiting or retaining a qualified employee; or 

19 ‘‘(2) when a temporary emergency hiring need 

20 exists. 

21 ‘‘b. PROCEDURES.—The Nuclear Regulatory Commis22 sion shall prescribe procedures for the exercise of authority 

23 under this section, including— 

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

25 ‘‘(2) procedures for a delegation of authority. 
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1 ‘‘c. EFFECT OF WAIVER.—An employee as to whom a 

2 waiver under this section is in effect shall not be considered 

3 an employee for purposes of subchapter II of chapter 83, 

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

5 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated to carry out 

7 this title and amendments made by this title such sums as 

8 may be necessary for fiscal year 2006 and each fiscal year 

9 thereafter. 
Calendar No. 154 

109TH CONGRESS 

1ST SESSION S. 858 

[Report No. 109–100] 

A BILL 

To reauthorize Nuclear Regulatory Commission 

user fees, and for other purposes. 

JULY 1, 2005 

Reported with an amendment