Home > 106th Congressional Bills > S. 1627 (is) To extend the authority of the Nuclear Regulatory Commission to collect fees through 2004, and for other purposes. [Introduced in Senate] ...S. 1627 (is) To extend the authority of the Nuclear Regulatory Commission to collect fees through 2004, and for other purposes. [Introduced in Senate] ...
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``NRC Fairness in
Funding Act of 2000''.
(b) Table of Contents.--The table of contents of 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.
TITLE I--FUNDING
SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.
Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 2214) is amended--
(1) in subsection (a)(3), by striking ``September 30,
1999'' and inserting ``September 20, 2005''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``or certificate
holder'' after ``licensee''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Aggregate amount of charges.--
``(A) In general.--The aggregate amount of the
annual charges collected from all licensees and
certificate holders in a fiscal year shall equal an
amount that approximates the percentages of the budget
authority of the Commission for the fiscal year stated
in subparagraph (B), less--
``(i) amounts collected under subsection
(b) during the fiscal year; and
``(ii) amounts appropriated to the
Commission from the Nuclear Waste Fund for the
fiscal year.
``(B) Percentages.--The percentages referred to in
subparagraph (A) are--
``(i) 98 percent for fiscal year 2001;
``(ii) 96 percent for fiscal year 2002;
``(iii) 94 percent for fiscal year 2003;
``(iv) 92 percent for fiscal year 2004; and
``(v) 88 percent for fiscal year 2005.''.
SEC. 102. NUCLEAR REGULATORY COMMISSION AUTHORITY OVER FORMER LICENSEES
FOR DECOMMISSIONING FUNDING.
Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i))
is amended--
(1) by striking ``and (3)'' and inserting ``(3)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (4) to ensure that sufficient funds will be
available for the decommissioning of any production or
utilization facility licensed under section 103 or 104b.,
including standards and restrictions governing the control,
maintenance, use, and disbursement by any former licensee under
this Act that has control over any fund for the decommissioning
of the facility''.
SEC. 103. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w))
is amended--
(1) by striking ``, or which operates any facility
regulated or certified under section 1701 or 1702,'';
(2) by striking ``483a'' and inserting ``9701''; and
(3) by inserting before the period at the end the
following: ``, and, commencing October 1, 2000, prescribe and
collect from any other Government agency any fee, charge, or
price that the Commission may require in accordance with
section 9701 of title 31, United States Code, or any other
law''.
TITLE II--OTHER PROVISIONS
SEC. 201. OFFICE LOCATION.
Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is
amended by striking ``; however, the Commission shall maintain an
office for the service of process and papers within the District of
Columbia''.
SEC. 202. LICENSE PERIOD.
Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c))
is amended--
(1) by striking ``c. Each such'' and inserting the
following:
``c. License Period.--
``(1) In general.--Each such''; and
(2) by adding at the end the following:
``(2) Combined licenses.--In the case of a combined
construction and operating license issued under section 185(b),
the initial duration of the license may not exceed 40 years
from the date on which the Commission finds, before operation
of the facility, that the acceptance criteria required by
section 185(b) are met.''.
SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.
Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is
amended by adding at the end the following:
``(d) Applicability.--Subsection (c) shall not apply to an
application for a license to construct or operate a utilization
facility under section 103 or 104(b) that is pending on or that is
filed on or after the date of enactment of this subsection.''.
SEC. 204. GIFT ACCEPTANCE AUTHORITY.
(a) In General.--Section 161g. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(g)) is amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by striking ``this Act;'' and inserting ``this Act;
or''; and
(3) by adding at the end the following:
``(2) accept, hold, utilize, and administer gifts of real
and personal property (not including money) for the purpose of
aiding or facilitating the work of the Nuclear Regulatory
Commission.''.
(b) Criteria for Acceptance of Gifts.--
(1) In general.--Chapter 14 of title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at
the end the following:
``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.
``(a) In General.--The Commission shall establish written criteria
for determining whether to accept gifts under section 161g.(2).
``(b) Considerations.--The criteria under subsection (a) shall take
into consideration whether the acceptance of the gift would compromise
the integrity of, or the appearance of the integrity of, the Commission
or any officer or employee of the Commission.''.
(2) Conforming and technical amendments.--The table of
contents of chapter 14 of title I of the Atomic Energy Act of
1954 (42 U.S.C. prec. 2011) is amended by adding at the end the
following:
``Sec. 170C. Criteria for acceptance of gifts.''.
SEC. 205. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
(a) In General.--Chapter 14 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2201 et seq.) (as amended by section 204(b)) is
amended--
(1) in section 161, by striking subsection k. and inserting
the following:
``(k) authorize to carry a firearm in the performance of official
duties such of its members, officers, and employees, such of the
employees of its contractors and subcontractors (at any tier) engaged
in the protection of property under the jurisdiction of the United
States located at facilities owned by or contracted to the United
States or being transported to or from such facilities, and such of the
employees of persons licensed or certified by the Commission (including
employees of contractors of licensees or certificate holders) engaged
in the protection of facilities owned or operated by a Commission
licensee or certificate holder that are designated by the Commission or
in the protection of property of significance to the common defense and
security located at facilities owned or operated by a Commission
licensee or certificate holder or being transported to or from such
facilities, as the Commission considers necessary in the interest of
the common defense and security;'' and
(2) by adding at the end the following:
``SEC. 170D. CARRYING OF FIREARMS.
``(a) Authority To Make Arrest.--
``(1) In general.--A person authorized under section 161k.
to carry a firearm may, while in the performance of, and in
connection with, official duties, arrest an individual without
a warrant for any offense against the United States committed
in the presence of the person or for any felony under the laws
of the United States if the person has a reasonable ground to
believe that the individual has committed or is committing such
a felony.
``(2) Limitation.--An employee of a contractor or
subcontractor or of a Commission licensee or certificate holder
(or a contractor of a licensee or certificate holder)
authorized to make an arrest under paragraph (1) may make an
arrest only--
``(A) when the individual is within, or is in
flight directly from, the area in which the offense was
committed; and
``(B) in the enforcement of--
``(i) a law regarding the property of the
United States in the custody of the Department
of Energy, the Nuclear Regulatory Commission,
or a contractor of the Department of Energy or
Nuclear Regulatory Commission or a licensee or
certificate holder of the Commission;
``(ii) a law applicable to facilities owned
or operated by a Commission licensee or
certificate holder that are designated by the
Commission under section 161k.;
``(iii) a law applicable to property of
significance to the common defense and security
that is in the custody of a licensee or
certificate holder or a contractor of a
licensee or certificate holder of the
Commission; or
``(iv) any provision of this Act that
subjects an offender to a fine, imprisonment,
or both.
``(3) Other authority.--The arrest authority conferred by
this section is in addition to any arrest authority under other
law.
``(4) Guidelines.--The Secretary and the Commission, with
the approval of the Attorney General, shall issue guidelines to
implement section 161k. and this subsection.''.
(b) Conforming and Technical Amendments.--The table of contents of
chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. prec.
2011) (as amended by section 204(b)(2)) is amended by adding at the end
the following:
``Sec. 170D. Carrying of firearms.''.
SEC. 206. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended in the first sentence by inserting ``or subject to the
licensing authority of the Commission or to certification by the
Commission under this Act or any other Act'' before the period at the
end.
SEC. 207. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended--
(1) in paragraph (2), by striking ``storage facility'' and
inserting ``storage, treatment, or disposal facility'';
(2) in paragraph (3)--
(A) by striking ``such a utilization facility'' and
inserting ``a utilization facility licensed under this
Act''; and
(B) by striking ``or'' at the end;
(3) in paragraph (4)--
(A) by striking ``facility licensed'' and inserting
``or nuclear fuel fabrication facility licensed or
certified''; and
(B) by striking the period at the end and inserting
``; or''; and
(4) by adding at the end the following:
``(5) any production, utilization, waste storage, waste
treatment, waste disposal, uranium enrichment, or nuclear fuel
fabrication facility subject to licensing or certification
under this Act during construction of the facility, if the
person knows or reasonably should know that there is a
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