[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Reported in Senate (RS)]






                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Nuclear 
Fees Reauthorization Act of 2005''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
                    <DELETED>TITLE I--NRC USER FEES

<DELETED>Sec. 101. Nuclear Regulatory Commission user fees and annual 
                            charges.
                     <DELETED>TITLE II--NRC REFORM

<DELETED>Sec. 201. Treatment of nuclear reactor financial obligations.
<DELETED>Sec. 202. Period of combined license.
<DELETED>Sec. 203. Elimination of NRC antitrust reviews.
<DELETED>Sec. 204. Scope of environmental review.
<DELETED>Sec. 205. Medical isotope production.
<DELETED>Sec. 206. Cost recovery from government agencies.
<DELETED>Sec. 207. Conflicts of interest relating to contracts and 
                            other arrangements.
<DELETED>Sec. 208. Hearing procedures.
<DELETED>Sec. 209. Authorization of appropriations.
            <DELETED>TITLE III--NRC HUMAN CAPITAL PROVISIONS

<DELETED>Sec. 301. Provision of support to university nuclear safety, 
                            security, and environmental protection 
                            programs.
<DELETED>Sec. 302. Promotional items.
<DELETED>Sec. 303. Expenses authorized to be paid by the Nuclear 
                            Regulatory Commission.
<DELETED>Sec. 304. Nuclear Regulatory Commission scholarship and 
                            fellowship program.
<DELETED>Sec. 305. Partnership program with institutions of higher 
                            education.
<DELETED>Sec. 306. Elimination of pension offset for certain rehired 
                            Federal retirees.
<DELETED>Sec. 307. Authorization of appropriations.

               <DELETED>TITLE I--NRC USER FEES</DELETED>

<DELETED>SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND ANNUAL 
              CHARGES.</DELETED>

<DELETED>    (a) In General.--Section 6101 of the Omnibus Budget 
Reconciliation Act of 1990 (42 U.S.C. 2214) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``Except 
                as provided in paragraph (3), the'' and inserting 
                ``The''; and</DELETED>
                <DELETED>    (B) by striking paragraph (3); 
                and</DELETED>
        <DELETED>    (2) in subsection (c)(2)--</DELETED>
                <DELETED>    (A) in subparagraph (A)--</DELETED>
                        <DELETED>    (i) in clause (i), by striking 
                        ``and'' at the end;</DELETED>
                        <DELETED>    (ii) in clause (ii), by striking 
                        the period at the end and inserting ``; and''; 
                        and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                        <DELETED>    ``(iii) amounts appropriated to 
                        the Nuclear Regulatory Commission for the 
                        fiscal year for implementation of section 3116 
                        of the Ronald W. Reagan National Defense 
                        Authorization Act for Fiscal Year 2005 (118 
                        Stat. 2162; 50 U.S.C. 2601 note)''; 
                        and</DELETED>
                <DELETED>    (B) in subparagraph (B)(v), by inserting 
                ``and each fiscal year thereafter'' after 
                ``2005''.</DELETED>
<DELETED>    (b) Nuclear Regulatory Commission Annual Charges.--Section 
7601 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (42 
U.S.C. 2213) is repealed.</DELETED>

                <DELETED>TITLE II--NRC REFORM</DELETED>

<DELETED>SEC. 201. TREATMENT OF NUCLEAR REACTOR FINANCIAL 
              OBLIGATIONS.</DELETED>

<DELETED>    Section 523 of title 11, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(f) Treatment of Nuclear Reactor Financial 
Obligations.--Notwithstanding any other provision of this title--
</DELETED>
        <DELETED>    ``(1) any funds or other assets held by a licensee 
        or former licensee of the Nuclear Regulatory Commission, or by 
        any other person, to satisfy the responsibility of the 
        licensee, former licensee, or any other person to comply with a 
        regulation or order of the Nuclear Regulatory Commission 
        governing the decontamination and decommissioning of a nuclear 
        power reactor licensed under section 103 or 104 b. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)) shall not 
        be used to satisfy the claim of any creditor in any proceeding 
        under this title, other than a claim resulting from an activity 
        undertaken to satisfy that responsibility, until the 
        decontamination and decommissioning of the nuclear power 
        reactor is completed to the satisfaction of the Nuclear 
        Regulatory Commission;</DELETED>
        <DELETED>    ``(2) obligations of licensees, former licensees, 
        or any other person to use funds or other assets to satisfy a 
        responsibility described in paragraph (1) may not be rejected, 
        avoided, or discharged in any proceeding under this title or in 
        any liquidation, reorganization, receivership, or other 
        insolvency proceeding under Federal or State law; and</DELETED>
        <DELETED>    ``(3) private insurance premiums and standard 
        deferred premiums held and maintained in accordance with 
        section 170 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
        2210(b)) shall not be used to satisfy the claim of any creditor 
        in any proceeding under this title, until the indemnification 
        agreement executed in accordance with section 170 c. of that 
        Act (42 U.S.C. 2210(c)) is terminated.''.</DELETED>

<DELETED>SEC. 202. PERIOD OF COMBINED LICENSE.</DELETED>

<DELETED>    Section 103 c. of the Atomic Energy Act of 1954 (42 U.S.C. 
2133(c)) is amended by striking ``forty years'' and inserting ``40 
years from the authorization to commence operations''.</DELETED>

<DELETED>SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.</DELETED>

<DELETED>    Section 105 c. of the Atomic Energy Act of 1954 (42 U.S.C. 
2135(c)) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(9) Applicability.--This subsection does not 
        apply to an application for a license to construct or operate a 
        utilization facility or production facility under section 103 
        or 104 b., if the application is filed on or after, or is 
        pending on, the date of enactment of this 
        paragraph.''.</DELETED>

<DELETED>SEC. 204. SCOPE OF ENVIRONMENTAL REVIEW.</DELETED>

<DELETED>    (a) In General.--Chapter 10 of title I of the Atomic 
Energy Act of 1954 (42 U.S.C. 2131 et seq.) is amended--</DELETED>
        <DELETED>    (1) by redesignating sections 110 and 111 as 
        section 111 and 112, respectively; and</DELETED>
        <DELETED>    (2) by inserting after section 109 the 
        following:</DELETED>

<DELETED>``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW.</DELETED>

<DELETED>    ``In conducting any environmental review (including any 
activity conducted under section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332)) in connection with an application 
for a license or a renewed license under this chapter, the Commission 
shall not give any consideration to the need for, or any alternative 
to, the facility to be licensed.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) The table of contents of the Atomic Energy Act 
        of 1954 (42 U.S.C. prec. 2011) is amended by striking the item 
        relating to section 110 and inserting the following:</DELETED>

        <DELETED>``Sec. 110. Scope of environmental review.
        <DELETED>``Sec. 111. Exclusions.
        <DELETED>``Sec. 112. Licensing by Nuclear Regulatory Commission 
                            of distribution of certain materials by 
                            Department of Energy.'';
        <DELETED>    (2) Section 57 b. of the Atomic Energy Act of 1954 
        (42 U.S.C. 2077(b)) is amended in the last sentence by striking 
        ``section 111 b.'' and inserting ``section 112 b.''.</DELETED>
        <DELETED>    (3) Section 131 a.(2)(C) of the Atomic Energy Act 
        of 1954 (42 U.S.C 2160(a)(2)(C), by striking ``section 111 b.'' 
        and inserting ``section 112 b.''.</DELETED>
        <DELETED>    (4) Section 202 of the Energy Reorganization Act 
        of 1974 (42 U.S.C. 5842) is amended--</DELETED>
                <DELETED>    (A) by striking ``section 110 a.'' and 
                inserting ``section 111 a.''; and</DELETED>
                <DELETED>    (B) by striking ``section 110 b.'' and 
                inserting ``section 111 b.''.</DELETED>

<DELETED>SEC. 205. MEDICAL ISOTOPE PRODUCTION.</DELETED>

<DELETED>    Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
2160d) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections a. and b. as 
        subsections b. and a., respectively, and by moving subsection 
        b. (as so redesignated) to the end of the section;</DELETED>
        <DELETED>    (2) in subsection b. (as so redesignated), by 
        striking ``b. The Commission'' and inserting ``b. 
        Restrictions.--Except as provided in subsection c., the 
        Commission''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``c. Medical Isotope Production.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Medical isotope.--The term `medical 
                isotope' includes Molybdenum 99, Iodine 131, Xenon 133, 
                and other radioactive materials used to produce a 
                radiopharmaceutical for diagnostic, therapeutic 
                procedures or for research and development.</DELETED>
                <DELETED>    ``(B) Radiopharmaceutical.--The term 
                `radiopharmaceutical' means a radioactive isotope 
                that--</DELETED>
                        <DELETED>    ``(i) contains byproduct material 
                        combined with chemical or biological material; 
                        and</DELETED>
                        <DELETED>    ``(ii) is designed to accumulate 
                        temporarily in a part of the body for 
                        therapeutic purposes or for enabling the 
                        production of a useful image for use in a 
                        diagnosis of a medical condition.</DELETED>
                <DELETED>    ``(C) Recipient country.--The term 
                `recipient country' means Belgium, Canada, France, 
                Germany, and the Netherlands.</DELETED>
        <DELETED>    ``(2) Licenses.--The Commission may issue a 
        license authorizing the export (including shipment to and use 
        at intermediate and ultimate consignees specified in the 
        license) to a recipient country of highly enriched uranium for 
        medical isotope production if, in addition to any other 
        requirements of this Act (except subsection b.), the Commission 
        determines that--</DELETED>
                <DELETED>    ``(A) a recipient country that supplies an 
                assurance letter to the United States Government in 
                connection with the consideration by the Commission of 
                the export license application has informed the United 
                States Government that any intermediate consignees and 
                the ultimate consignee specified in the application are 
                required to use the highly enriched uranium solely to 
                produce medical isotopes; and</DELETED>
                <DELETED>    ``(B) the highly enriched uranium for 
                medical isotope production will be irradiated only in a 
                reactor in a recipient country that--</DELETED>
                        <DELETED>    ``(i) uses an alternative nuclear 
                        reactor fuel; or</DELETED>
                        <DELETED>    ``(ii) is the subject of an 
                        agreement with the United States Government to 
                        convert to an alternative nuclear reactor fuel 
                        when alternative nuclear reactor fuel can be 
                        used in the reactor.</DELETED>
        <DELETED>    ``(3) Review of physical protection 
        requirements.--</DELETED>
                <DELETED>    ``(A) In general.--The Commission shall 
                review the adequacy of physical protection requirements 
                that, as of the date of an application under paragraph 
                (2), are applicable to the transportation and storage 
                of highly enriched uranium for medical isotope 
                production or control of residual material after 
                irradiation and extraction of medical 
                isotopes.</DELETED>
                <DELETED>    ``(B) Imposition of additional 
                requirements.--If the Commission determines that 
                additional physical protection requirements are 
                necessary (including a limit on the quantity of highly 
                enriched uranium that may be contained in a single 
                shipment), the Commission shall impose such 
                requirements as license conditions or through other 
                appropriate means.</DELETED>
        <DELETED>    ``(4) First report to congress.--</DELETED>
                <DELETED>    ``(A) National academy of sciences 
                study.--The Secretary shall enter into an arrangement 
                with the National Academy of Sciences to conduct a 
                study to determine--</DELETED>
                        <DELETED>    ``(i) the feasibility of procuring 
                        supplies of medical isotopes from commercial 
                        sources that do not use highly enriched 
                        uranium;</DELETED>
                        <DELETED>    ``(ii) the current and projected 
                        demand and availability of medical isotopes in 
                        regular current domestic use;</DELETED>
                        <DELETED>    ``(iii) the progress that is being 
                        made by the Department of Energy and others to 
                        eliminate all use of highly enriched uranium in 
                        reactor fuel, reactor targets, and medical 
                        isotope production facilities; and</DELETED>
                        <DELETED>    ``(iv) the potential cost 
                        differential in medical isotope production in 
                        the reactors and target processing facilities 
                        if the products were derived from production 
                        systems that do not involve fuels and targets 
                        with highly enriched uranium.</DELETED>
                <DELETED>    ``(B) Feasibility.--For the purpose of 
                this subsection, the use of low enriched uranium to 
                produce medical isotopes shall be determined to be 
                feasible if--</DELETED>
                        <DELETED>    ``(i) low enriched uranium targets 
                        have been developed and demonstrated for use in 
                        the reactors and target processing facilities 
                        that produce significant quantities of medical 
                        isotopes to serve United States needs for such 
                        isotopes;</DELETED>
                        <DELETED>    ``(ii) sufficient quantities of 
                        medical isotopes are available from low 
                        enriched uranium targets and fuel to meet 
                        United States domestic needs; and</DELETED>
                        <DELETED>    ``(iii) the average anticipated 
                        total cost increase from production of medical 
                        isotopes in such facilities without use of 
                        highly enriched uranium is less than 10 
                        percent.</DELETED>
                <DELETED>    ``(C) Report by the secretary.--Not later 
                than 5 years after the date of enactment of the Nuclear 
                Fees Reauthorization Act of 2005, the Secretary shall 
                submit to Congress a report that--</DELETED>
                        <DELETED>    ``(i) contains the findings of the 
                        National Academy of Sciences made in the study 
                        under subparagraph (A); and</DELETED>
                        <DELETED>    ``(ii) discloses the existence of 
                        any commitments from commercial producers to 
                        provide domestic requirements for medical 
                        isotopes without use of highly enriched uranium 
                        consistent with the feasibility criteria 
                        described in subparagraph (B) not later than 
                        the date that is 4 years after the date of 
                        submission of the report.</DELETED>
        <DELETED>    ``(5) Second report to congress.--If the study of 
        the National Academy of Sciences determines under paragraph 
        (4)(A)(i) that the procurement of supplies of medical isotopes 
        from commercial sources that do not use highly enriched uranium 
        is feasible, but the Secretary is unable to report the 
        existence of commitments under paragraph (4)(C)(ii), not later 
        than the date that is 6 years after the date of enactment of 
        the Nuclear Fees Reauthorization Act of 2005, the Secretary 
        shall submit to Congress a report that describes options for 
        developing domestic supplies of medical isotopes in quantities 
        that are adequate to meet domestic demand without the use of 
        highly enriched uranium consistent with the cost increase 
        described in paragraph (4)(B)(iii).</DELETED>
        <DELETED>    ``(6) Certification.--At such time as commercial 
        facilities that do not use highly enriched uranium are capable 
        of meeting domestic requirements for medical isotopes, within 
        the cost increase described in paragraph (4)(B)(iii) and 
        without impairing the reliable supply of medical isotopes for 
        domestic utilization, the Secretary shall submit to Congress a 
        certification to that effect.</DELETED>
        <DELETED>    ``(7) Sunset provision.--After the Secretary 
        submits a certification under paragraph (6), the Commission 
        shall, by rule, terminate the review of the Commission of 
        export license applications under this subsection.''.</DELETED>

<DELETED>SEC. 206. COST RECOVERY FROM GOVERNMENT AGENCIES.</DELETED>

<DELETED>    Section 161 w. of the Atomic Energy Act of 1954 (42 U.S.C. 
2201(w)) is amended--</DELETED>
        <DELETED>    (1) by striking ``for or is issued'' and all that 
        follows through ``1702'' and inserting ``to the Nuclear 
        Regulatory Commission for, or is issued by the Nuclear 
        Regulatory Commission, a license or certificate'';</DELETED>
        <DELETED>    (2) by striking ``483a'' and inserting ``9701''; 
        and</DELETED>
        <DELETED>    (3) by striking ``, of applicants for, or holders 
        of, such licenses or certificates''.</DELETED>

<DELETED>SEC. 207. CONFLICTS OF INTEREST RELATING TO CONTRACTS AND 
              OTHER ARRANGEMENTS.</DELETED>

<DELETED>    Section 170A b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2210a(b)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;</DELETED>
        <DELETED>    (2) by striking ``b. The Commission'' and 
        inserting the following:</DELETED>
<DELETED>    ``b. Evaluation.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), the Commission''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Nuclear regulatory commission.--
        Notwithstanding any conflict of interest, the Nuclear 
        Regulatory Commission may enter into a contract, agreement, or 
        arrangement with the Department of Energy or the operator of a 
        Department of Energy facility, if the Nuclear Regulatory 
        Commission determines that--</DELETED>
                <DELETED>    ``(A) the conflict of interest cannot be 
                mitigated; and</DELETED>
                <DELETED>    ``(B) adequate justification exists to 
                proceed without mitigation of the conflict of 
                interest.''.</DELETED>

<DELETED>SEC. 208. HEARING PROCEDURES.</DELETED>

<DELETED>    Section 189 a. (1) of the Atomic Energy Act of 1954 (42 
U.S.C. 2239(a)(1)) is amended by adding at the end the 
following:</DELETED>
                <DELETED>    ``(C) Hearings.--A hearing under this 
                section shall be conducted using informal adjudicatory 
                procedures unless the Commission determines that formal 
                adjudicatory procedures are necessary--</DELETED>
                        <DELETED>    ``(i) to develop a sufficient 
                        record; or</DELETED>
                        <DELETED>    ``(ii) to achieve 
                        fairness.''.</DELETED>

<DELETED>SEC. 209. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to carry out this 
title and the amendments made by this title such sums as are necessary 
for fiscal year 2006 and each subsequent fiscal year.</DELETED>

       <DELETED>TITLE III--NRC HUMAN CAPITAL PROVISIONS</DELETED>

<DELETED>SEC. 301. PROVISION OF SUPPORT TO UNIVERSITY NUCLEAR SAFETY, 
              SECURITY, AND ENVIRONMENTAL PROTECTION 
              PROGRAMS.</DELETED>

<DELETED>    Section 31 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
2051(b)) is amended--</DELETED>
        <DELETED>    (1) by striking ``b. The Commission is further 
        authorized to make'' and inserting the following:</DELETED>
<DELETED>    ``b. Grants and Contributions.--The Commission is 
authorized--</DELETED>
        <DELETED>    ``(1) to make'';</DELETED>
        <DELETED>    (2) in paragraph (1) (as designated by paragraph 
        (1)) by striking the period at the end and inserting ``; and''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) to provide grants, loans, cooperative 
        agreements, contracts, and equipment to institutions of higher 
        education (as defined in section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002)) to support courses, studies, 
        training, curricula, and disciplines pertaining to nuclear 
        safety, security, or environmental protection, or any other 
        field that the Commission determines to be critical to the 
        regulatory mission of the Commission.''.</DELETED>

<DELETED>SEC. 302. PROMOTIONAL ITEMS.</DELETED>

<DELETED>    Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 
2201 et seq.) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 170C. PROMOTIONAL ITEMS.</DELETED>

<DELETED>    ``The Commission may purchase promotional items of nominal 
value for use in the recruitment of individuals for 
employment.''.</DELETED>

<DELETED>SEC. 303. EXPENSES AUTHORIZED TO BE PAID BY THE NUCLEAR 
              REGULATORY COMMISSION.</DELETED>

<DELETED>    Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 
2201 et seq.) (as amended by section 302) is amended by adding at the 
end the following:</DELETED>

<DELETED>``SEC. 170D. EXPENSES AUTHORIZED TO BE PAID BY THE 
              COMMISSION.</DELETED>

<DELETED>    ``The Commission may--</DELETED>
        <DELETED>    ``(1) pay transportation, lodging, and subsistence 
        expenses of employees who--</DELETED>
                <DELETED>    ``(A) assist scientific, professional, 
                administrative, or technical employees of the 
                Commission; and</DELETED>
                <DELETED>    ``(B) are students in good standing at an 
                institution of higher education (as defined in section 
                102 of the Higher Education Act of 1965 (20 U.S.C. 
                1002)) pursuing courses related to the field in which 
                the students are employed by the Commission; 
                and</DELETED>
        <DELETED>    ``(2) pay the costs of health and medical services 
        furnished, pursuant to an agreement between the Commission and 
        the Department of State, to employees of the Commission and 
        dependents of the employees serving in foreign 
        countries.''.</DELETED>

<DELETED>SEC. 304. NUCLEAR REGULATORY COMMISSION SCHOLARSHIP AND 
              FELLOWSHIP PROGRAM.</DELETED>

<DELETED>    Chapter 19 of the Atomic Energy Act of 1954 is amended by 
inserting after section 242 (42 U.S.C. 2015a) the following:</DELETED>

<DELETED>``SEC. 243. SCHOLARSHIP AND FELLOWSHIP PROGRAM.</DELETED>

<DELETED>    ``(a) Scholarship Program.--To enable students to study, 
for at least 1 academic semester or equivalent term, science, 
engineering, or another field of study that the Commission determines 
is in a critical skill area related to the regulatory mission of the 
Commission, the Commission may carry out a program to--</DELETED>
        <DELETED>    ``(1) award scholarships to undergraduate students 
        who--</DELETED>
                <DELETED>    ``(A) are United States citizens; 
                and</DELETED>
                <DELETED>    ``(B) enter into an agreement under 
                subsection (c) to be employed by the Commission in the 
                area of study for which the scholarship is 
                awarded.</DELETED>
<DELETED>    ``(b) Fellowship Program.--To enable students to pursue 
education in science, engineering, or another field of study that the 
Commission determines is in a critical skill area related to its 
regulatory mission, in a graduate or professional degree program 
offered by an institution of higher education in the United States, the 
Commission may carry out a program to--</DELETED>
        <DELETED>    ``(1) award fellowships to graduate students who--
        </DELETED>
                <DELETED>    ``(A) are United States citizens; 
                and</DELETED>
                <DELETED>    ``(B) enter into an agreement under 
                subsection (c) to be employed by the Commission in the 
                area of study for which the fellowship is 
                awarded.</DELETED>
<DELETED>    ``(c) Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--As a condition of receiving a 
        scholarship or fellowship under subsection (a) or (b), a 
        recipient of the scholarship or fellowship shall enter into an 
        agreement with the Commission under which, in return for the 
        assistance, the recipient shall--</DELETED>
                <DELETED>    ``(A) maintain satisfactory academic 
                progress in the studies of the recipient, as determined 
                by criteria established by the Commission;</DELETED>
                <DELETED>    ``(B) agree that failure to maintain 
                satisfactory academic progress shall constitute grounds 
                on which the Commission may terminate the 
                assistance;</DELETED>
                <DELETED>    ``(C) on completion of the academic course 
                of study in connection with which the assistance was 
                provided, and in accordance with criteria established 
                by the Commission, engage in employment by the 
                Commission for a period specified by the Commission, 
                that shall be not less than 1 time and not more than 3 
                times the period for which the assistance was provided; 
                and</DELETED>
                <DELETED>    ``(D) if the recipient fails to meet the 
                requirements of subparagraph (A), (B), or (C), 
                reimburse the United States Government for--</DELETED>
                        <DELETED>    ``(i) the entire amount of the 
                        assistance provided the recipient under the 
                        scholarship or fellowship; and</DELETED>
                        <DELETED>    ``(ii) interest at a rate 
                        determined by the Commission.</DELETED>
        <DELETED>    ``(2) Waiver or suspension.--The Commission may 
        establish criteria for the partial or total waiver or 
        suspension of any obligation of service or payment incurred by 
        a recipient of a scholarship or fellowship under this 
        section.</DELETED>
<DELETED>    ``(d) Competitive Process.--Recipients of scholarships or 
fellowships under this section shall be selected through a competitive 
process primarily on the basis of academic merit and such other 
criteria as the Commission may establish, with consideration given to 
financial need and the goal of promoting the participation of 
individuals identified in section 33 or 34 of the Science and 
Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b).</DELETED>
<DELETED>    ``(e) Direct Appointment.--The Commission may appoint 
directly, with no further competition, public notice, or consideration 
of any other potential candidate, an individual who has completed the 
academic program for which a scholarship or fellowship was awarded by 
the Commission under this section.''.</DELETED>

<DELETED>SEC. 305. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF HIGHER 
              EDUCATION.</DELETED>

<DELETED>    Chapter 19 of the Atomic Energy Act of 1954 (42 U.S.C. 
2015 et seq.) (as amended by section 304) is amended by inserting after 
section 243 the following:</DELETED>

<DELETED>``SEC. 244. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF HIGHER 
              EDUCATION.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Hispanic-serving institution.--The term 
        `Hispanic-serving institution' has the meaning given the term 
        in section 502(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1101a(a)).</DELETED>
        <DELETED>    ``(2) Historically black college and university.--
        The term `historically Black college or university' has the 
        meaning given the term `part B institution' in section 322 of 
        the Higher Education Act of 1965 (20 U.S.C. 1061).</DELETED>
        <DELETED>    ``(3) Tribal college.--The term `Tribal college' 
        has the meaning given the term `tribally controlled college or 
        university' in section 2(a) of the Tribally Controlled College 
        or University Assistance Act of 1978 (25 U.S.C. 
        1801(a)).</DELETED>
<DELETED>    ``(b) Partnership Program.--The Commission may establish 
and participate in activities relating to research, mentoring, 
instruction, and training with institutions of higher education, 
including Hispanic-serving institutions, historically Black colleges or 
universities, and Tribal colleges, to strengthen the capacity of the 
institutions--</DELETED>
        <DELETED>    ``(1) to educate and train students (including 
        present or potential employees of the Commission); 
        and</DELETED>
        <DELETED>    ``(2) to conduct research in the field of science, 
        engineering, or law, or any other field that the Commission 
        determines is important to the work of the 
        Commission.''.</DELETED>

<DELETED>SEC. 306. ELIMINATION OF PENSION OFFSET FOR CERTAIN REHIRED 
              FEDERAL RETIREES.</DELETED>

<DELETED>    Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 
2201 et seq.) (as amended by sections 302 and 303) is amended by adding 
at the end the following:</DELETED>

<DELETED>``SEC. 170E. ELIMINATION OF PENSION OFFSET FOR CERTAIN REHIRED 
              FEDERAL RETIREES.</DELETED>

<DELETED>    ``(a) In General.--The Commission may waive the 
application of section 8344 or 8468 of title 5, United States Code, on 
a case-by-case basis for employment of an annuitant--</DELETED>
        <DELETED>    ``(1) in a position of the Commission for which 
        there is exceptional difficulty in recruiting or retaining a 
        qualified employee; or</DELETED>
        <DELETED>    ``(2) when a temporary emergency hiring need 
        exists.</DELETED>
<DELETED>    ``(b) Procedures.--The Commission shall prescribe 
procedures for the exercise of authority under this section, 
including--</DELETED>
        <DELETED>    ``(1) criteria for any exercise of authority; 
        and</DELETED>
        <DELETED>    ``(2) procedures for a delegation of 
        authority.</DELETED>
<DELETED>    ``(c) Effect of Waiver.--An employee as to whom a waiver 
under this section is in effect shall not be considered an employee for 
purposes of subchapter II of chapter 83, or chapter 84, of title 5, 
United States Code.''.</DELETED>

<DELETED>SEC. 307. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to carry out this 
title and amendments made by this title such sums as may be necessary 
for fiscal year 2006 and each fiscal year thereafter.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear Fees 
Reauthorization Act of 2005''.
    (b) Table of Contents.--The table of contents of 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. 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.

                         TITLE I--NRC USER FEES

SEC. 101. NUCLEAR REGULATORY COMMISSION USER FEES AND 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 ``2005'' and 
        inserting ``2011'' ; and
            (2) in subsection (c)(2)--
                    (A) in subparagraph (A)--
                            (i) in clause (i), by striking ``and'' at 
                        the end;
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting a semicolon; and
                            (iii) by adding at the end the following:
                            ``(iii) amounts appropriated to the Nuclear 
                        Regulatory Commission for the fiscal year for 
                        implementation of section 3116 of the Ronald W. 
                        Reagan National Defense Authorization Act for 
                        Fiscal Year 2005 (118 Stat. 2162; 50 U.S.C. 
                        2601 note); and
                            ``(iv) amounts appropriated to the Nuclear 
                        Regulatory Commission for homeland security 
                        activities of the Nuclear Regulatory Commission 
                        for the fiscal year, except for the costs of 
                        fingerprinting and background checks required 
                        by section 149 of the Atomic Energy Act of 1954 
                        (42 U.S.C. 2169) and the costs of conducting 
                        security inspections.''; and
                    (B) in subparagraph (B)(v), by striking ``fiscal 
                year 2005'' and inserting ``each of fiscal years 2005 
                through 2011''.

                          TITLE II--NRC REFORM

SEC. 201. TREATMENT OF NUCLEAR REACTOR FINANCIAL OBLIGATIONS.

    Section 541(b) of title 11, United States Code, is amended--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(6) funds accumulated or otherwise designated for 
        decontamination and decommissioning pursuant to a regulation or 
        order of the Nuclear Regulatory Commission for a nuclear power 
        reactor licensed under section 103 or 104 b. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).''.

SEC. 202. PERIOD OF COMBINED LICENSE.

    Section 103 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) 
is amended by striking ``forty years'' and inserting ``40 years from 
the authorization to commence operations''.

SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.

    Section 105 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2135(c)) 
is amended by adding at the end the following:
            ``(9) Applicability.--This subsection does not apply to an 
        application for a license to construct or operate a utilization 
        facility or production facility under section 103 or 104 b., if 
        the application is filed on or after, or is pending on, the 
        date of enactment of this paragraph.''.

SEC. 204. MEDICAL ISOTOPE PRODUCTION.

    Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is 
amended--
            (1) by redesignating subsections a. and b. as subsections 
        b. and a., respectively, and by moving subsection b. (as so 
        redesignated) to the end of the section;
            (2) in subsection b. (as so redesignated), by striking ``b. 
        The Commission'' and inserting ``b. Restrictions.--Except as 
        provided in subsection c., the Nuclear Regulatory Commission''; 
        and
            (3) by adding at the end the following:
    ``c. Medical Isotope Production.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Medical isotope.--The term `medical isotope' 
                includes Molybdenum 99, Iodine 131, Xenon 133, and 
                other radioactive materials used to produce a 
                radiopharmaceutical for diagnostic, therapeutic 
                procedures or for research and development.
                    ``(B) Radiopharmaceutical.--The term 
                `radiopharmaceutical' means a radioactive isotope 
                that--
                            ``(i) contains byproduct material combined 
                        with chemical or biological material; and
                            ``(ii) is designed to accumulate 
                        temporarily in a part of the body for 
                        therapeutic purposes or for enabling the 
                        production of a useful image for use in a 
                        diagnosis of a medical condition.
                    ``(C) Recipient country.--The term `recipient 
                country' means Belgium, Canada, France, Germany, and 
                the Netherlands.
            ``(2) Licenses.--The Nuclear Regulatory Commission may 
        issue a license authorizing the export (including shipment to 
        and use at intermediate and ultimate consignees specified in 
        the license) to a recipient country of highly enriched uranium 
        for medical isotope production if, in addition to any other 
        requirements of this Act (except subsection b.), the Nuclear 
        Regulatory Commission determines that--
                    ``(A) a recipient country that supplies an 
                assurance letter to the United States Government in 
                connection with the consideration by the Nuclear 
                Regulatory Commission of the export license application 
                has informed the United States Government that any 
                intermediate consignees and the ultimate consignee 
                specified in the application are required to use the 
                highly enriched uranium solely to produce medical 
                isotopes; and
                    ``(B) the highly enriched uranium for medical 
                isotope production will be irradiated only in a reactor 
                in a recipient country that--
                            ``(i) uses an alternative nuclear reactor 
                        fuel; or
                            ``(ii) is the subject of an agreement with 
                        the United States Government to convert to an 
                        alternative nuclear reactor fuel when 
                        alternative nuclear reactor fuel can be used in 
                        the reactor.
            ``(3) Review of physical protection requirements.--
                    ``(A) In general.--The Nuclear Regulatory 
                Commission shall review the adequacy of physical 
                protection requirements that, as of the date of an 
                application under paragraph (2), are applicable to the 
                transportation and storage of highly enriched uranium 
                for medical isotope production or control of residual 
                material after irradiation and extraction of medical 
                isotopes.
                    ``(B) Imposition of additional requirements.--If 
                the Nuclear Regulatory Commission determines that 
                additional physical protection requirements are 
                necessary (including a limit on the quantity of highly 
                enriched uranium that may be contained in a single 
                shipment), the Nuclear Regulatory Commission shall 
                impose such requirements as license conditions or 
                through other appropriate means.
            ``(4) First report to congress.--
                    ``(A) National academy of sciences study.--The 
                Secretary shall enter into an arrangement with the 
                National Academy of Sciences to conduct a study to 
                determine--
                            ``(i) the feasibility of procuring supplies 
                        of medical isotopes from commercial sources 
                        that do not use highly enriched uranium;
                            ``(ii) the current and projected demand and 
                        availability of medical isotopes in regular 
                        current domestic use;
                            ``(iii) the progress that is being made by 
                        the Department of Energy and others to 
                        eliminate all use of highly enriched uranium in 
                        reactor fuel, reactor targets, and medical 
                        isotope production facilities; and
                            ``(iv) the potential cost differential in 
                        medical isotope production in the reactors and 
                        target processing facilities if the products 
                        were derived from production systems that do 
                        not involve fuels and targets with highly 
                        enriched uranium.
                    ``(B) Feasibility.--For the purpose of this 
                subsection, the use of low enriched uranium to produce 
                medical isotopes shall be determined to be feasible 
                if--
                            ``(i) low enriched uranium targets have 
                        been developed and demonstrated for use in the 
                        reactors and target processing facilities that 
                        produce significant quantities of medical 
                        isotopes to serve United States needs for such 
                        isotopes;
                            ``(ii) sufficient quantities of medical 
                        isotopes are available from low enriched 
                        uranium targets and fuel to meet United States 
                        domestic needs; and
                            ``(iii) the average anticipated total cost 
                        increase from production of medical isotopes in 
                        such facilities without use of highly enriched 
                        uranium is less than 10 percent.
                    ``(C) Report by the secretary.--Not later than 5 
                years after the date of enactment of the Nuclear Fees 
                Reauthorization Act of 2005, the Secretary shall submit 
                to Congress a report that--
                            ``(i) contains the findings of the National 
                        Academy of Sciences made in the study under 
                        subparagraph (A); and
                            ``(ii) discloses the existence of any 
                        commitments from commercial producers to 
                        provide domestic requirements for medical 
                        isotopes without use of highly enriched uranium 
                        consistent with the feasibility criteria 
                        described in subparagraph (B) not later than 
                        the date that is 4 years after the date of 
                        submission of the report.
            ``(5) Second report to congress.--If the study of the 
        National Academy of Sciences determines under paragraph 
        (4)(A)(i) that the procurement of supplies of medical isotopes 
        from commercial sources that do not use highly enriched uranium 
        is feasible, but the Secretary is unable to report the 
        existence of commitments under paragraph (4)(C)(ii), not later 
        than the date that is 6 years after the date of enactment of 
        the Nuclear Fees Reauthorization Act of 2005, the Secretary 
        shall submit to Congress a report that describes options for 
        developing domestic supplies of medical isotopes in quantities 
        that are adequate to meet domestic demand without the use of 
        highly enriched uranium consistent with the cost increase 
        described in paragraph (4)(B)(iii).
            ``(6) Certification.--At such time as commercial facilities 
        that do not use highly enriched uranium are capable of meeting 
        domestic requirements for medical isotopes, within the cost 
        increase described in paragraph (4)(B)(iii) and without 
        impairing the reliable supply of medical isotopes for domestic 
        utilization, the Secretary shall submit to Congress a 
        certification to that effect.
            ``(7) Sunset provision.--After the Secretary submits a 
        certification under paragraph (6), the Nuclear Regulatory 
        Commission shall, by rule, terminate the review of the Nuclear 
        Regulatory Commission of export license applications under this 
        subsection.''.

SEC. 205. COST RECOVERY FROM GOVERNMENT AGENCIES.

    Section 161 w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) 
is amended--
            (1) by striking ``for or is issued'' and all that follows 
        through ``1702'' and inserting ``to the Nuclear Regulatory 
        Commission for, or is issued by the Nuclear Regulatory 
        Commission, a license or certificate'';
            (2) by striking ``483a'' and inserting ``9701''; and
            (3) by striking ``, of applicants for, or holders of, such 
        licenses or certificates''.

SEC. 206. CONFLICTS OF INTEREST RELATING TO CONTRACTS AND OTHER 
              ARRANGEMENTS.

    Section 170A b. of the Atomic Energy Act of 1954 (42 U.S.C. 
2210a(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;
            (2) by striking ``b. The Commission'' and inserting the 
        following:
    ``b. Evaluation.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Nuclear Regulatory Commission''; and
            (3) by adding at the end the following:
            ``(2) Nuclear regulatory commission.--Notwithstanding any 
        conflict of interest, the Nuclear Regulatory Commission may 
        enter into a contract, agreement, or arrangement with the 
        Department of Energy or the operator of a Department of Energy 
        facility, if the Nuclear Regulatory Commission determines 
        that--
                    ``(A) the conflict of interest cannot be mitigated; 
                and
                    ``(B) adequate justification exists to proceed 
                without mitigation of the conflict of interest.''.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title and 
the amendments made by this title such sums as are necessary for fiscal 
year 2006 and each subsequent fiscal year.

                TITLE III--NRC HUMAN CAPITAL PROVISIONS

SEC. 301. PROVISION OF SUPPORT TO UNIVERSITY NUCLEAR SAFETY, SECURITY, 
              AND ENVIRONMENTAL PROTECTION PROGRAMS.

    Section 31 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(b)) 
is amended--
            (1) by striking ``b. The Commission is further authorized 
        to make'' and inserting the following:
    ``b. Grants and Contributions.--The Nuclear Regulatory Commission 
is authorized--
            ``(1) to make'';
            (2) in paragraph (1) (as designated by paragraph (1)) by 
        striking the period at the end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(2) to provide grants, loans, cooperative agreements, 
        contracts, and equipment to institutions of higher education 
        (as defined in section 102 of the Higher Education Act of 1965 
        (20 U.S.C. 1002)) to support courses, studies, training, 
        curricula, and disciplines pertaining to nuclear safety, 
        security, or environmental protection, or any other field that 
        the Nuclear Regulatory Commission determines to be critical to 
        the regulatory mission of the Nuclear Regulatory Commission.''.

SEC. 302. RECRUITMENT TOOLS.

    Chapter 14 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. RECRUITMENT TOOLS.

    ``The Nuclear Regulatory Commission may purchase promotional items 
of nominal value for use in the recruitment of individuals for 
employment.''.

SEC. 303. EXPENSES AUTHORIZED TO BE PAID BY THE NUCLEAR REGULATORY 
              COMMISSION.

    Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et 
seq.) (as amended by section 302) is amended by adding at the end the 
following:

``SEC. 170D. EXPENSES AUTHORIZED TO BE PAID BY THE NUCLEAR REGULATORY 
              COMMISSION.

    ``The Nuclear Regulatory Commission may--
            ``(1) pay transportation, lodging, and subsistence expenses 
        of employees who--
                    ``(A) assist scientific, professional, 
                administrative, or technical employees of the Nuclear 
                Regulatory Commission; and
                    ``(B) are students in good standing at an 
                institution of higher education (as defined in section 
                102 of the Higher Education Act of 1965 (20 U.S.C. 
                1002)) pursuing courses related to the field in which 
                the students are employed by the Nuclear Regulatory 
                Commission; and
            ``(2) pay the costs of health and medical services 
        furnished, pursuant to an agreement between the Nuclear 
        Regulatory Commission and the Department of State, to employees 
        of the Nuclear Regulatory Commission and dependents of the 
        employees serving in foreign countries.''.

SEC. 304. NUCLEAR REGULATORY COMMISSION SCHOLARSHIP AND FELLOWSHIP 
              PROGRAM.

    Chapter 19 of the Atomic Energy Act of 1954 is amended by inserting 
after section 242 (42 U.S.C. 2015a) the following:

``SEC. 243. SCHOLARSHIP AND FELLOWSHIP PROGRAM.

    ``a. Scholarship Program.--To enable students to study, for at 
least 1 academic semester or equivalent term, science, engineering, or 
another field of study that the Nuclear Regulatory Commission 
determines is in a critical skill area related to the regulatory 
mission of the Nuclear Regulatory Commission, the Nuclear Regulatory 
Commission may carry out a program to--
            ``(1) award scholarships to undergraduate students who--
                    ``(A) are United States citizens; and
                    ``(B) enter into an agreement under subsection c. 
                to be employed by the Nuclear Regulatory Commission in 
                the area of study for which the scholarship is awarded.
    ``b. Fellowship Program.--To enable students to pursue education in 
science, engineering, or another field of study that the Nuclear 
Regulatory Commission determines is in a critical skill area related to 
its regulatory mission, in a graduate or professional degree program 
offered by an institution of higher education in the United States, the 
Nuclear Regulatory Commission may carry out a program to--
            ``(1) award fellowships to graduate students who--
                    ``(A) are United States citizens; and
                    ``(B) enter into an agreement under subsection c. 
                to be employed by the Nuclear Regulatory Commission in 
                the area of study for which the fellowship is awarded.
    ``c. Requirements.--
            ``(1) In general.--As a condition of receiving a 
        scholarship or fellowship under subsection a. or b., a 
        recipient of the scholarship or fellowship shall enter into an 
        agreement with the Nuclear Regulatory Commission under which, 
        in return for the assistance, the recipient shall--
                    ``(A) maintain satisfactory academic progress in 
                the studies of the recipient, as determined by criteria 
                established by the Nuclear Regulatory Commission;
                    ``(B) agree that failure to maintain satisfactory 
                academic progress shall constitute grounds on which the 
                Nuclear Regulatory Commission may terminate the 
                assistance;
                    ``(C) on completion of the academic course of study 
                in connection with which the assistance was provided, 
                and in accordance with criteria established by the 
                Nuclear Regulatory Commission, engage in employment by 
                the Nuclear Regulatory Commission for a period 
                specified by the Nuclear Regulatory Commission, that 
                shall be not less than 1 time and not more than 3 times 
                the period for which the assistance was provided; and
                    ``(D) if the recipient fails to meet the 
                requirements of subparagraph (A), (B), or (C), 
                reimburse the United States Government for--
                            ``(i) the entire amount of the assistance 
                        provided the recipient under the scholarship or 
                        fellowship; and
                            ``(ii) interest at a rate determined by the 
                        Nuclear Regulatory Commission.
            ``(2) Waiver or suspension.--The Nuclear Regulatory 
        Commission may establish criteria for the partial or total 
        waiver or suspension of any obligation of service or payment 
        incurred by a recipient of a scholarship or fellowship under 
        this section.
    ``d. Competitive Process.--Recipients of scholarships or 
fellowships under this section shall be selected through a competitive 
process primarily on the basis of academic merit and such other 
criteria as the Nuclear Regulatory Commission may establish, with 
consideration given to financial need and the goal of promoting the 
participation of individuals identified in section 33 or 34 of the 
Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 
1885b).
    ``e. Direct Appointment.--The Nuclear Regulatory Commission may 
appoint directly, with no further competition, public notice, or 
consideration of any other potential candidate, an individual who has--
            ``(1) received a scholarship or fellowship awarded by the 
        Nuclear Regulatory Commission under this section; and
            ``(2) completed the academic program for which the 
        scholarship or fellowship was awarded.''.

SEC. 305. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF HIGHER EDUCATION.

    Chapter 19 of the Atomic Energy Act of 1954 (42 U.S.C. 2015 et 
seq.) (as amended by section 304) is amended by inserting after section 
243 the following:

``SEC. 244. PARTNERSHIP PROGRAM WITH INSTITUTIONS OF HIGHER EDUCATION.

    ``a. Definitions.--In this section:
            ``(1) Hispanic-serving institution.--The term `Hispanic-
        serving institution' has the meaning given the term in section 
        502(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1101a(a)).
            ``(2) Historically black college and university.--The term 
        `historically Black college or university' has the meaning 
        given the term `part B institution' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            ``(3) Tribal college.--The term `Tribal college' has the 
        meaning given the term `tribally controlled college or 
        university' in section 2(a) of the Tribally Controlled College 
        or University Assistance Act of 1978 (25 U.S.C. 1801(a)).
    ``b. Partnership Program.--The Nuclear Regulatory Commission may 
establish and participate in activities relating to research, 
mentoring, instruction, and training with institutions of higher 
education, including Hispanic-serving institutions, historically Black 
colleges or universities, and Tribal colleges, to strengthen the 
capacity of the institutions--
            ``(1) to educate and train students (including present or 
        potential employees of the Nuclear Regulatory Commission); and
            ``(2) to conduct research in the field of science, 
        engineering, or law, or any other field that the Nuclear 
        Regulatory Commission determines is important to the work of 
        the Nuclear Regulatory Commission.''.

SEC. 306. ELIMINATION OF PENSION OFFSET FOR CERTAIN REHIRED FEDERAL 
              RETIREES.

    Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et 
seq.) (as amended by sections 302 and 303) is amended by adding at the 
end the following:

``SEC. 170E. ELIMINATION OF PENSION OFFSET FOR CERTAIN REHIRED FEDERAL 
              RETIREES.

    ``a. In General.--The Nuclear Regulatory Commission may waive the 
application of section 8344 or 8468 of title 5, United States Code, on 
a case-by-case basis for employment of an annuitant--
            ``(1) in a position of the Nuclear Regulatory Commission 
        for which there is exceptional difficulty in recruiting or 
        retaining a qualified employee; or
            ``(2) when a temporary emergency hiring need exists.
    ``b. Procedures.--The Nuclear Regulatory Commission shall prescribe 
procedures for the exercise of authority under this section, 
including--
            ``(1) criteria for any exercise of authority; and
            ``(2) procedures for a delegation of authority.
    ``c. Effect of Waiver.--An employee as to whom a waiver under this 
section is in effect shall not be considered an employee for purposes 
of subchapter II of chapter 83, or chapter 84, of title 5, United 
States Code.''.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title and 
amendments made by this title such sums as may be necessary for fiscal 
year 2006 and each fiscal year 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