[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2090 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2090

To extend the authority of the Nuclear Regulatory Commission to collect 
               fees through 2003, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 1998

   Mr. Chafee (for himself, Mr. Inhofe, Mr. Graham, Mr. Smith of New 
 Hampshire, and Mr. Jeffords) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 A BILL


 
To extend the authority of the Nuclear Regulatory Commission to collect 
               fees through 2003, 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.

    This Act may be cited as the ``NRC Fairness in Funding Act of 
1998''.

SEC. 2. 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, 
        1998'' and inserting ``September 30, 2003''; and
            (2) in subsection (c)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) Aggregate amount of charges.--The aggregate amount of 
        the annual charge collected from all licensees shall equal an 
        amount that approximates 100 percent of the budget authority of 
        the Commission for the fiscal year for which the charge is 
        collected, less, with respect to the fiscal year, the sum of--
                    ``(A) any amount appropriated to the Commission 
                from the Nuclear Waste Fund;
                    ``(B) the amount of fees collected under subsection 
                (b); and
                    ``(C) for fiscal year 1999 and each fiscal year 
                thereafter, to the extent provided in paragraph (5), 
                the costs of activities of the Commission with respect 
                to which a determination is made under paragraph 
                (5).''; and
                    (B) by adding at the end the following:
            ``(5) Excluded budget costs.--
                    ``(A) In general.--The rulemaking under paragraph 
                (3) shall include a determination of the costs of 
                activities of the Commission for which it would not be 
                fair and equitable to assess annual charges on a 
                Nuclear Regulatory Commission licensee or class of 
                licensee.
                    ``(B) Considerations.--In making the determination 
                under subparagraph (A), the Commission shall consider--
                            ``(i) the extent to which activities of the 
                        Commission provide benefits to persons that are 
                        not licensees of the Commission;
                            ``(ii) the extent to which the Commission 
                        is unable to assess fees or charges on a 
                        licensee or class of licensee that benefits 
                        from the activities; and
                            ``(iii) the extent to which the costs to 
                        the Nuclear Regulatory Commission of activities 
                        are commensurate with the benefits provided to 
                        the licensees from the activities.
                    ``(C) Maximum excluded costs.--The total amount of 
                costs excluded by the Commission pursuant to the 
                determination under subparagraph (A) shall not exceed 
                $30,000,000 for any fiscal year.''.
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