[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2811-S2813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NRC FAIRNESS IN FUNDING ACT OF 1999

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 411, S. 1627.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1627) to extend the authority of the Nuclear 
     Regulatory Commission to collect fees through 2004, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Environment and 
Public Works, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``NRC 
     Fairness in Funding Act of 1999''.
       (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. 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 30, 2005''; 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 charges 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)(i) for fiscal years 2001 and 2002, an amount equal to 
     the amount of appropriations made to the Commission from the 
     general fund of the Treasury in response to the request for 
     appropriations referred to in paragraph (5)(A)(ii)''; and

[[Page S2812]]

       ``(ii) for fiscal years 2003 through 2005, 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.--In the budget request for fiscal year 
     2001 and each fiscal year thereafter, the Commission shall--
       ``(i) determine the activities of the Commission that could 
     not be fairly and equitably funded through assessments of 
     annual charges on a licensee or class of licensee of the 
     Commission; and
       ``(ii) subject to subparagraph (C), request that funding 
     for the activities described in clause (i) be appropriated to 
     the Commission out of the general fund of the Treasury.
       ``(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; and
       ``(ii) the extent to which the Commission cannot, as a 
     matter of law, or does not, as a matter of policy, assess 
     fees or charges on a licensee or class of licensee that 
     benefits from the activities.
       ``(C) Maximum excluded amount.--The total amount of costs 
     for which appropriations from the general fund of the 
     Treasury may be sought by the Commission under subparagraph 
     (A)(ii) for any fiscal year shall not exceed--
       ``(i) for fiscal years 2001 and 2002, 12 percent of the 
     budget authority of the Commission;
       ``(ii) for fiscal year 2003, 4 percent of the budget 
     authority of the Commission;
       ``(iii) for fiscal year 2004, 8 percent of the budget 
     authority of the Commission; or
       ``(iv) for fiscal year 2005, 12 percent of the budget 
     authority of the Commission.''.

     SEC. 102. 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 significant possibility that the destruction or 
     damage caused or attempted to be caused could adversely 
     affect public health and safety during the operation of the 
     facility.''.
       Amend the title so as to read: ``An Act to extend the 
     authority of the Nuclear Regulatory Commission to collect 
     fees through 2005, and for other purposes.''.


                 Amendments Nos. 3100 and 3101, En Bloc

  Mr. SESSIONS. The chairman has two amendments at the desk and I ask 
they be considered en bloc.
  The PRESIDING OFFICER. The clerk will report by title.
  The legislative clerk read as follows:

       The Senator from Alabama (Mr. Sessions) proposes amendments 
     numbered 3100 and 3101, en bloc.


[[Page S2813]]


  The amendments en bloc are as follows:


                           Amendment No. 3100

(Purpose: To amend the provision extending the authority of the Nuclear 
   Regulatory Commission to collect annual charges and modifying the 
                        formula for the charges)

       Beginning on page 5, strike line 2 and all that follows 
     through page 7, line 22, and insert the following:

     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.''.
                                  ____



                           AMENDMENT NO. 3101

(Purpose: To amend the Atomic Energy Act of 1954 to provide the Nuclear 
 Regulatory Commission authority over former licensees for funding of 
                           decommissionings)

       On page 7, strike line 23 and insert the following:

     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.

  Mr. SESSIONS. I ask unanimous consent the amendments be agreed to en 
bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (No. 3100 and 3101), en bloc, were agreed to.
  Mr. SESSIONS. I ask unanimous consent that the committee substitute 
amendment, as amended, be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SESSIONS. I ask unanimous consent the bill, as amended, be read 
the third time and passed, and the motion to reconsider be laid upon 
the table, the amendment to the title be agreed to, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1627), as amended, was read the third time and passed.
  (The bill will be printed in a future edition of the Record.)
       An Act to extend the authority of the Nuclear Regulatory 
     Commission to collect fees through 2005, and for other 
     purposes.

                          ____________________