[Congressional Record Volume 151, Number 48 (Wednesday, April 20, 2005)]
[Senate]
[Pages S4028-S4031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH (for himself and Mr. Inhofe):
  S. 858. A bill to reauthorize Nuclear Regulatory Commission user 
fees, and or other purposes; to the Committee on Environmental and 
Public Works.
  Mr. VOINOVICH. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 858

       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 ``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. Scope of environmental review.
Sec. 205. Medical isotope production.
Sec. 206. Cost recovery from government agencies.
Sec. 207. Conflicts of interest relating to contracts and other 
              arrangements.
Sec. 208. Hearing procedures.
Sec. 209. 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. Promotional items.
Sec. 303. Expenses authorized to be paid by the Nuclear Regulatory 
              Commission.

[[Page S4029]]

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.

       (a) In General.--Section 6101 of the Omnibus Budget 
     Reconciliation Act of 1990 (42 U.S.C. 2214) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``Except as provided in 
     paragraph (3), the'' and inserting ``The''; and
       (B) by striking paragraph (3); 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 ``; and''; 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
       (B) in subparagraph (B)(v), by inserting ``and each fiscal 
     year thereafter'' after ``2005''.
       (b) Nuclear Regulatory Commission Annual Charges.--Section 
     7601 of the Consolidated Omnibus Budget Reconciliation Act of 
     1985 (42 U.S.C. 2213) is repealed.

                          TITLE II--NRC REFORM

     SEC. 201. TREATMENT OF NUCLEAR REACTOR FINANCIAL OBLIGATIONS.

       Section 523 of title 11, United States Code, is amended by 
     adding at the end the following:
       ``(f) Treatment of Nuclear Reactor Financial Obligations.--
     Notwithstanding any other provision of this title--
       ``(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;
       ``(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
       ``(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.''.

     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. SCOPE OF ENVIRONMENTAL REVIEW.

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

     ``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW.

       ``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.''.
       (b) Conforming Amendments.--
       (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:
       

``Sec. 110. Scope of environmental review.
``Sec. 111. Exclusions.
``Sec. 112. Licensing by Nuclear Regulatory Commission of distribution 
              of certain materials by Department of Energy.'';

       (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.''.
       (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.''.
       (4) Section 202 of the Energy Reorganization Act of 1974 
     (42 U.S.C. 5842) is amended--
       (A) by striking ``section 110 a.'' and inserting ``section 
     111 a.''; and
       (B) by striking ``section 110 b.'' and inserting ``section 
     111 b.''.

     SEC. 205. 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 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 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--
       ``(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
       ``(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 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 
     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.
       ``(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;

[[Page S4030]]

       ``(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 Commission shall, by 
     rule, terminate the review of the Commission of export 
     license applications under this subsection.''.

     SEC. 206. 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. 207. 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 
     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. 208. HEARING PROCEDURES.

       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:
       ``(C) Hearings.--A hearing under this section shall be 
     conducted using informal adjudicatory procedures unless the 
     Commission determines that formal adjudicatory procedures are 
     necessary--
       ``(i) to develop a sufficient record; or
       ``(ii) to achieve fairness.''.

     SEC. 209. 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 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 Commission determines to be critical to the 
     regulatory mission of the Commission.''.

     SEC. 302. PROMOTIONAL ITEMS.

       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. PROMOTIONAL ITEMS.

       ``The 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 
                   COMMISSION.

       ``The Commission may--
       ``(1) pay transportation, lodging, and subsistence expenses 
     of employees who--
       ``(A) assist scientific, professional, administrative, or 
     technical employees of the 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 Commission; and
       ``(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.''.

     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 Commission 
     determines is in a critical skill area related to the 
     regulatory mission of the Commission, the 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 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 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--
       ``(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 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 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 Commission;
       ``(B) agree that failure to maintain satisfactory academic 
     progress shall constitute grounds on which the 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 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
       ``(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 Commission.
       ``(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.
       ``(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

[[Page S4031]]

     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 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.''.

     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 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 Commission); and
       ``(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.''.

     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 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 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 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.
                                 ______