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view under subparagraph (E) or (F) of section
102(2) of such Act.
‘‘TITLE IV—FUNDING AND
ORGANIZATION
‘‘SEC. 401. PROGRAM FUNDING.
‘‘(a) CONTRACTS.—
‘‘(1) AUTHORITY OF SECRETARY.—In the
performance of the Secretary’s functions
under this Act, the Secretary is author-
ized to enter into contracts with any per-
son who generates or holds title to spent
nuclear fuel or high-level radioactive
waste of domestic origin for the accept-
ance of title and possession, transpor-
tation, interim storage, and disposal of
such spent fuel or waste upon the pay-
ment of fees in accordance with para-
graphs (2) and (3). Fees assessed pursu-
ant to this paragraph shall be paid to the
Treasury of the United States and shall
be available for use by the Secretary pur-
suant to this section until expended.
‘‘(2) ANNUAL FEES.—
‘‘(A) ELECTRICITY.—Under a con-
tract entered into under paragraph
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(1) there shall be a fee for electricity
generated by civilian nuclear power
reactors and sold on or after the date
of enactment of this Act. The aggre-
gate amount of such fees collected
during each fiscal year shall be no
greater than the annual level of ap-
propriations for expenditures on the
possession, 
transportation, 
interim
storage, and disposal of such spent
fuel or waste consistent with sub-
section 
(d) 
for 
that 
fiscal 
year,
minus—
‘‘(i) any unobligated balance
of fees collected during the pre-
vious fiscal year;
‘‘(ii) such appropriations re-
quired to be funded by the Fed-
eral Government pursuant to sec-
tion 403; and
‘‘(iii) the amount of one-time
fees received pursuant to para-
graph (3).
The Secretary shall determine the
level of the annual fee for each civil-
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ian nuclear power reactor based on
the amount of electricity generated
and sold, except that the annual fee
shall not exceed 1.0 mill per kilowatt-
hour generated and sold. Fees as-
sessed pursuant to this subparagraph
shall be paid to the Treasury of the
United States and shall be available
for use by the Secretary pursuant to
this section until expended.
‘‘(B) EXPENDITURES IF SHORTFALL.—
If, during any fiscal year, the aggre-
gate amount of fees assessed pursu-
ant to subparagraph (A) is less than
the annual level of appropriations for
expenditures on those activities spec-
ified in subsection (d) for that fiscal
year, minus—
‘‘(i) any unobligated balance
collected pursuant to this section
during the previous fiscal year;
‘‘(ii) such appropriations re-
quired to be funded by the Fed-
eral Government pursuant to sec-
tion 403; and
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‘‘(iii) the amount of one-time
fees received pursuant to para-
graph (3).
the Secretary may make expenditures
from the Nuclear Waste Fund up to
the level of the fees assessed.
‘‘(C) BUDGET PRIORITIES IF SHORT-
FALL.—If, during any fiscal year, the
provisions of subparagraph (B) come
into effect—
‘‘(i) the Secretary, for pur-
poses of preparing annual re-
quests for appropriations and al-
locating 
appropriated 
funds
among competing requirements
under the Nuclear Waste Policy
Act of 1997, shall accord—
‘‘(I) the activities leading
to an operating repository the
highest priority; and
‘‘(II) the activities leading
to an operating interim stor-
age facility under section 204
the next highest priority; and
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‘‘(ii) the Commission, for pur-
poses of preparing annual re-
quests for appropriations and al-
locating 
appropriated 
funds
among competing requirements
under the Nuclear Waste Policy
Act of 1997, shall accord—
‘‘(I) the activities leading
to an operating repository the
highest priority; and
‘‘(II) the activities leading
to an operating interim stor-
age facility under section 204
the next highest priority.
‘‘(D) RULES.—The Secretary shall,
by rule, establish procedures nec-
essary to implement this paragraph.
‘‘(3) ONE-TIME FEE.—The one-time fee
collected under contracts executed under
section 302(a) of the Nuclear Waste Policy
Act of 1982 before the date of enactment
of this Act on spent nuclear fuel, or high-
level radioactive waste derived from
spent nuclear fuel, which fuel was used
to generate electricity in a civilian nu-
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clear power reactor before April 7, 1983,
shall be paid to the Treasury. The Sec-
retary shall collect all such fees before
the expiration of fiscal year 2002. The
Commission shall suspend the license of
any licensee who fails or refuses to pay
the full amount of the fee referred to in
this paragraph and the license shall re-
main suspended until the full amount of
the fee referred to in this paragraph is
paid. In paying such a fee, the person de-
livering such spent nuclear fuel or high-
level radioactive wastes, to the Secretary
shall have no further financial obligation
under this paragraph to the Federal Gov-
ernment for the long-term storage and
permanent disposal of such spent nuclear
fuel or high-level radioactive waste.
‘‘(b) 
ADVANCE
CONTRACTING
REQUIRE-
MENT.—
‘‘(1) IN GENERAL.—
‘‘(A) LICENSE
ISSUANCE
AND
RE-
NEWAL.—The Commission shall not
issue or renew a license to any per-
son to use a utilization or production