[Senate Report 106-220]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 411
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-220

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                  NRC FAIRNESS IN FUNDING ACT OF 1999

                                _______
                                

                November 9, 1999.--Ordered to be printed

_______________________________________________________________________


   Mr. Smith of New Hampshire, from the Committee on Environment and 
                 Public Works, submitted the following

                              R E P O R T

                         [to accompany S. 1627]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1627) to extend the authority of the 
Nuclear Regulatory Commission to collect fees through 2004, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment, and an amendment to the 
title, and recommends that the bill, as amended, do pass.

                           General Statement

    This legislation provides for a 5-year extension of the 
Nuclear Regulatory Commission's (NRC) authority to collect fees 
in an amount sufficient to constitute 100 percent of the NRC's 
fiscal year budget authority (less the amount appropriated for 
the Nuclear Waste Fund), with the addition of an exclusion for 
costs of those activities for which it would not be fair and 
equitable to assess charges. This bill also amends current law 
to enhance nuclear safety and physical security, increase NRC 
efficiency, and maximize Commission resources.

                               Background

History of NRC Fee Authority
    In 1986, Congress enacted the Consolidated Omnibus Budget 
Reconciliation Act of 1985, or COBRA-85 (P.L. 99-272). Section 
7601 of this legislation directed the NRC to assess and collect 
annual fees from its licensees in an amount that, when added to 
other fees such as fees for service collected in the same 
fiscal year would not exceed 33 percent of NRC costs for that 
fiscal year. COBRA-85 directed that this annual charge should 
be ``reasonably related to the regulatory service provided by 
the Commission and [must] fairly reflect the cost to the 
Commission of providing such service.''
    In the late 1980's, Congress twice acted to increase the 
percentage of the NRC budget that was to be collected in fees. 
Congress enacted the Omnibus Budget Reconciliation Act of 1987 
(P.L. 100-203), which directed the NRC to collect up to 45 
percent of its budget in fees in each of fiscal years 1988 and 
1989. The Omnibus Budget Reconciliation Act of 1989 (P.L. 101-
234) extended this requirement through fiscal year 1990.
    One year later, Congress approved the Omnibus Budget 
Reconciliation Act of 1990, known as OBRA-90 (P.L. 101-508). 
Section 6101 of that legislation required the NRC to collect 
fees-for-service from NRC applicants and annual fees from NRC 
licensees. With regard to fees-for-service, OBRA-90 required 
that pursuant to the Independent Offices Appropriations Act, 
the NRC continue to charge any applicant or other person 
receiving a service from the NRC a fee covering the cost to the 
NRC of providing the service. With regard to annual charges, 
the legislation directed the NRC to collect annual fees from 
licensees that ``[t]o the maximum extent practicable . . . have 
a reasonable relationship to the cost of providing regulatory 
services'' and in an amount that, when added to the amount 
collected in fees for service and the amount appropriated for 
the Nuclear Waste Fund, would approximate fully 100 percent of 
NRC budget authority for that fiscal year. To meet the new 
requirement, the NRC adopted a policy of collecting annual fees 
not only from reactor licensees, but materials licensees as 
well.
    OBRA-90 provided this ``100 percent'' fee authority for a 
period of 5 years, through fiscal year 1995. Since then, that 
authority has been extended three times: for an additional 3 
years (through fiscal year 1998) by the Omnibus Budget 
Reconciliation Act of 1993, or OBRA-93 (P.L. 103-66); for an 
additional year (through fiscal year 1999) by the 1998 Energy 
and Water Development appropriations legislation (P.L. 105-
245); and for an additional year (through fiscal year 2000) by 
the 1999 Energy and Water Development appropriations 
legislation (P.L. 106-60).
Fairness Concerns
    In the early 1990's, concerns were raised regarding the 
fairness of the fee assessment structure. In the Energy Policy 
Act of 1992 (P.L. 102-486), Congress took steps to address one 
perceived inequity by statutorily excluding certain federally 
owned research reactors from the NRC annual fee requirement. In 
addition, the 1992 Act directed the NRC to undertake a review 
of its policy for assessing annual charges, solicit public 
comment on necessary changes to such policy, and make 
recommendations to Congress on possible changes to existing law 
that could prevent an unfair burden from being levied on 
certain NRC licensees.
    Accordingly, in February 1994 the NRC submitted to Congress 
its ``Report to Congress on the U.S. Nuclear Regulatory 
Commission's Licensee Fee Policy Review Required by the Energy 
Policy Act of 1992.'' The Report took into account not only the 
566 public comments received during the compilation of the 
Report, but also the more than 1,000 public comments submitted 
during consideration of previous fee-related rules, the 
thousands of letters and phone calls received regarding fees, 
two petitions for rule-making, a court decision, and an NRC-
requested review by the Commission's Inspector General.
    The 1994 Report identified two key concerns regarding 
fairness and equity: first, that not all direct beneficiaries 
of NRC activities pay fees; and second, that fees are based on 
the NRC's cost of performance, rather than on the licensees' 
perception of benefits received. With regard to the question of 
fees that are not directly related to services to licensees, 
the Report acknowledged that the fee requirements inherently 
placed a burden on licensees when certain activities such as 
some international activities, oversight of and regulatory 
support to the Agreement State program, the statutory fee 
exemption for Federal agencies, and the NRC's fee exemptions or 
reductions for nonprofit educational institutions and small 
entities are considered. As for the issue of benefits 
perceived, the Report concluded that the concern had merit when 
considered with regard to the materials regulatory program.
    Finally, the Report included legislative recommendations to 
Congress to remove certain costs from the fee base, the net 
effect of which would be the recovery of 90 percent of the 
NRC's budget authority through fees. While the NRC initiated 
some changes in its fee structure, Congress did not act on the 
legislative recommendations.

                           Committee Actions

    Concerns about fair and equitable assessment of fees 
continue to be relevant today. The activities of the NRC that 
raise fairness and equity issues are important to the NRC's 
statutory health and safety mission. However, the cost of such 
activities should not be recovered through fee collection, but 
rather through direct appropriation. Therefore, the committee 
twice has acted on legislation that would address fairness 
concerns.
    On May 18, 1998, Environment and Public Works Committee 
Chairman Chafee introduced the NRC Fairness in Funding Act of 
1998 (S. 2090), legislation to extend the authority of the NRC 
to collect fees through 2003, and to exclude from the fee base 
those costs for which it would not be fair and equitable to 
assess charges on licensees. Joining him as original cosponsors 
were Subcommittee on Clean Air, Wetlands, Private Property, and 
Nuclear Safety Chairman Inhofe and Ranking Member Graham; 
Subcommittee on Superfund, Waste Control, and Risk Assessment 
Chairman Smith; and Senator Jeffords. S. 2090 was reported 
favorably by the full committee on May 21; however, the bill 
did not receive Senate approval prior to the end of the 105th 
Congress.
    On September 23, 1999, Senator Inhofe introduced the NRC 
Fairness in Funding Act of 1999 (S. 1627), legislation to 
extend the authority of the NRC to collect fees through 2004, 
and to exclude inequitable costs from the fee base. On 
September 29, Senator Inhofe offered an amendment in the nature 
of a substitute on behalf of Senators Chafee, Baucus, and 
Graham. Title I of that amendment extends the NRC's fee 
authority through 2005, excludes inequitable costs from the fee 
base, and allows fee recovery from other government agencies 
for NRC services. Title II of the amendment amends current law 
to enhance nuclear safety and physical security, increase NRC 
efficiency, and maximize Commission resources. The full 
committee unanimously adopted the substitute amendment, and 
then favorably reported S. 1627 as amended. A section-by-
section analysis of S. 1627 as amended follows.

                      Section-By-Section Analysis

Section 1. Short title; Table of Contents
    This section provides the short title of the bill (``NRC 
Fairness in Funding Act of 1999'') and a table of contents.
Section 101. Nuclear Regulatory Commission Annual Charges
    This section amends current law to extend the NRC's 100 
percent fee collection authority for 5 years, from September 
30, 2000, to September 30, 2005.
    Section 101 also amends current law to require that the NRC 
exclude from the total amount collected in annual charges from 
licensees the costs of those activities for which the NRC 
determines that it would not be fair and equitable to assess on 
NRC licensees. This requirement would be phased in over the 5-
year authorization period. Specifically, for fiscal year 2001 
and 2002, Section 101 directs the NRC to exclude from the fee 
base an amount equal to the amount appropriated to the 
Commission for non-fee activities, with a cap on the total 
amount excluded of 12 percent of the Commission's budget 
authority. For fiscal year 2003, 2004, and 2005, the section 
directs the NRC to exclude from the fee base an amount equal to 
the cost of non-fee activities, with a gradually increasing cap 
on the total amount excluded of 4 percent, 8 percent, and 12 
percent, respectively.
Section 102. Cost Recovery from Government Agencies
    This section allows the NRC to recover fees from other 
government agencies for NRC services (such as licensing and 
inspection services). It permits the NRC, beginning in fiscal 
year 2001, to assess fees on and collect fees from other 
Federal agencies for NRC services, rather than recovering the 
costs associated with those services through the annual 
licensee charges.
Section 201. Office Location
    This section eliminates the requirement that the NRC 
maintain an office in the District of Columbia for service of 
process and papers. Because the NRC has been consolidated in 
Rockville, Maryland, and may be served at that location, this 
requirement no longer is merited.
Section 202. License Period
    Section 202 clarifies that the initial duration of a 
combined construction and operating license may be up to 40 
years from the date on which the NRC finds that the acceptance 
criteria of the license are met. This clarification ensures 
that the duration period of combined licenses is consistent 
with that of separate operating licenses.
Section 203. Elimination of NRC Antitrust Reviews
    This section eliminates prospectively the NRC's antitrust 
review requirement in connection with applications to construct 
or operate a commercial utilization or production facility. 
Given the broad antitrust authority of both the Federal Energy 
Regulatory Commission (FERC) and the Department of Justice, the 
NRC's authority is rarely used and duplicative, and does not 
need to be maintained. This provision is intended to affect 
only the NRC's antitrust responsibilities with respect to its 
regulatory actions. The NRC remains responsible for assuring 
that its licensees continue to operate plants safely, 
regardless of changes that may take place in the structure of 
the industry. Interested members of the public therefore will 
continue to have the opportunity to intervene in NRC 
proceedings to raise potential safety issues related to those 
changes.
Section 204. Gift Acceptance Authority
    Section 204 provides the NRC with general gift acceptance 
authority for personal and real property (excluding money) that 
may aid or facilitate the work of the Commission. It directs 
the NRC to establish written criteria for determining whether 
to accept such gifts, and requires that those criteria take 
into account whether acceptance of the gift would compromise 
the integrity (or the appearance thereof) of the Commission. 
The NRC is expected to provide the committee an annual report 
of all gifts accepted pursuant to this authority.
Section 205. Carrying of Firearms by Licensee Employees
    Section 205 permits the NRC to authorize guards at certain 
sensitive NRC-licensed or -certified facilities, and guards 
transporting special nuclear materials, to carry and use 
firearms to prevent sabotage of such facilities or theft of 
nuclear explosive material. The section also authorizes the NRC 
to issue regulations shielding guards against State prosecution 
for discharge of firearms in the performance of official 
duties. These changes would enhance national security by 
providing sensitive NRC facilities and transport with authority 
equivalent to the authority currently possessed by the 
Department of Energy for the protection of its nuclear 
facilities and transport.
Section 206. Unauthorized Introduction of Dangerous Weapons
    This section expands existing NRC authority to issue 
regulations prohibiting the unauthorized introduction of any 
weapon, explosive, or dangerous instrument into facilities 
under NRC jurisdiction or custody to those facilities regulated 
or certified by the NRC. This change ensures that NRC-licensed 
and -certified facilities may be protected from injury or 
damage from introduction of unauthorized weapons.
Section 207. Sabotage of Nuclear Facilities or Fuel
    This section expands existing Federal criminal sanctions 
for sabotage or attempted sabotage of production or utilization 
facilities to include sabotage or attempted sabotage during the 
construction stage of those facilities, if the damage could 
affect public health and safety during facility operation. 
Section 207 also expands the sanctions to include sabotage or 
attempted sabotage of operating fuel fabrication facilities.

                                Hearings

    No hearings were held on S. 1627, although the issue of 
equity and fairness in fees has been the subject of discussion 
and legislation in previous Congresses.

                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report.
    On September 29, 1999, the committee met to consider S. 
1627. The committee adopted an amendment in the nature of a 
substitute, and then approved the legislation by unanimous 
consent. No rollcall votes occurred on the bill.

                    Evaluation of Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication in the report of the committee's 
estimate of the regulatory impact of the bill as reported. S. 
1627, as reported, is expected to impose no new regulatory 
impact. This bill will not affect the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(P.L. 104-4), the committee makes the following evaluation of 
the Federal mandates contained in the reported bill. S. 1627, 
as reported, imposes no Federal intergovernmental mandates on 
State, local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of a reported 
bill, prepared by the Congressional Budget Office, be included 
in the report. That statement follows:
                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 21, 1999.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1627, the NRC 
Fairness in Funding Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark Hadley 
(for Federal costs), who can be reached at 226-2860, Lisa Cash 
Driskill (for the State and local impact), who can be reached 
at 225-3290, and Jean Wooster (for the private-sector impact), 
who can be reached at 226-2940.
                              ----------                              


               Congressional Budget Office Cost Estimate

S. 1627, NRC Fairness in Funding Act of 1999, as ordered reported by 
        the Senate Committee on Environment and Public Works on 
        September 29, 1999
Summary
    S. 1627 would extend the authority of the Nuclear 
Regulatory Commission (NRC) to collect annual charges from its 
licensees to order all of the agency's general fund 
appropriation. The bill does not authorize the appropriation of 
any funds to support the NRC mission in 2001 or subsequent 
years, but assuming that appropriations continue at 
approximately the 2000 level, additional annual income from 
these fees would average $225 million annually over the 2001-
2004 period. These fees would be recorded as offsetting 
collections to the NRC's appropriation.
    S. 1627 would authorize the NRC to accept gifts or property 
from the public to facilitate the NRC's work, and would 
establish a new criminal penalty for the sabotage of nuclear 
production, utilization, or waste storage facilities. Because 
the bill would affect direct spending and receipts, pay-as-you-
go procedures would apply, but CBO estimates that such change 
would be less than $500,000 a year.
    By extending the NRC's authority to collect fees from 
utilities, S. 1627 would impose both an intergovernmental and 
private-sector mandate as defined by the Unfunded Mandates 
Reform Act (UMRA). That mandate would not impose costs above 
the threshold established in UMRA for intergovernmental 
mandates ($50 million in 1996, adjusted for inflation). CBO 
cannot, however, determine whether the direct costs of the 
mandate would exceed the annual threshold for private-sector 
mandates ($100 million in 1996, adjusted for inflation) because 
UMRA does not clearly specify how to determine the direct costs 
associated with extending an existing mandate that has not yet 
expired. Depending on how they are measured, the direct costs 
to the private sector could exceed the threshold.
Estimated Costs to the Federal Government
    The estimated budgetary impact of S. 1627 is shown in the 
following table, The costs of this legislation fall within 
budget function 270 (energy).


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                       2000     2001     2002     2003     2004
----------------------------------------------------------------------------------------------------------------
                 SPENDING SUBJECT TO APPROPRIATION
Offsetting Collections Under Current Law:
    Estimated Authorization Level a................................     -447     -155     -155     -155     -155
    Estimated Outlays..............................................     -447     -155     -155     -155     -155

Proposed Changes:
    Estimated Authorization Level b................................        0     -242     -242     -278     -260
    Estimated Outlays..............................................        0     -242     -242     -278     -260

Offsetting Collections Under S. 1627:
    Estimated Authorization Level a................................     -447     -397     -397     -433     -415
    Estimated Overlays.............................................     -447     -397     -397     -433     -415
----------------------------------------------------------------------------------------------------------------
a The 2000 level of collections reflect the amount appropriated for the NRC by Public Law 106-60. The 2001-2004
  collections assume continued funding for the agency at the 2000 level.
b The estimated amount of offsetting collections under S. 1627 assumes that funding over the 2001-2004 period
  for the agency will be equal to its 2000 appropriation.

Spending Subject to Appropriation
    Under current law, the NRC is directed to collect fees and 
annual charges sufficient to offset its entire general fund 
appropriation. This authority expires at the end of 2000; 
however, the agency has permanent authority to collect fees and 
annual charges sufficient to offset 33 percent of its annual 
appropriation (from the general fund or any special funds). S. 
1627 would extend the agency's authority to fully offset its 
general fund appropriation with fees and annual charges through 
2005, except that the bill would allow the NRC to exclude 
certain portions of its budget from annual charges that the 
agency determines would not be fair and equitable to assess on 
its licensees or at class of its licensees. Under the bill, the 
portion that could be excluded from annual charges could not 
exceed 12 percent of the NRC's general fund appropriation in 
2001 and 2002, 4 percent of its appropriation in 2003, and 8 
percent of its appropriation in 2004.
    In 2000, the Congress appropriated $470 million for the NRC 
and the NRC Office of the Inspector General. That total 
includes $19 million from the Nuclear Waste Trust Fund and $451 
million from the general fund of the Treasury. CBO estimates 
that the agency will collect only $447 million in 2000 through 
fees and annual charges, however, because a provision in its 
2000 appropriation directs the agency to exclude $4 million 
from fee collections. The estimated amount of offsetting 
collections under S. 1627 assumes that funding over the 2001-
2004 period for the agency will be equal to its 2000 
appropriation.
Direct Spending and Revenues
    The bill would establish a new criminal penalty for the 
sabotage of nuclear production, utilization, or waste storage 
facilities. CBO estimates that enacting this provision would 
increase governmental receipts by less than $500,000 a year. 
Criminal fines are deposited in the Crime Victims Fund and are 
spent in subsequent years. Thus, any resulting change in direct 
spending from the fund would also amount to less than $500,000 
annually.
Pay-As-You-Go Considerations
    The Balanced Budget and Emergency Deficit Control Act sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts. CBO estimates that enacting S. 1627 would 
result in changes in direct spending and governmental receipts 
of less than $500,000 a year.
Intergovernmental and Private-Sector Impact
    Under current law, the NRC collects annual fees from its 
licensees sufficient to offset its general fund appropriation. 
The NRC's existing authority to impose such fees expires at the 
end of fiscal year 2000. S. 1627 would extend the NRC's current 
authority to charge annual fees to offset its general fund 
appropriation through fiscal year 2005, except that the bill 
would allow the NRC to exclude certain portions of its budget 
from annual charges. The requirement to pay those fees would be 
both an intergovernmental and private-sector mandate as defined 
in UMRA.
    Under current law, when the NRC's authority to collect fees 
to offset its general fund appropriation expires at the end of 
2000, CBO estimates that the utilities would pay fees equal to 
about one-third of NRC's appropriation, or $155 million in 
2001. S. 1621 would extend the NRC's authority to collect fees 
to offset a major portion of its budget. Assuming the 2000 
appropriation level is maintained through 2005, CBO estimates 
that ending Me fees under the bill would result in additional 
collections from utilities licensed and regulated by the NRC 
that range from $242 million to $278 million annually beginning 
in fiscal year 2001. Most of the annual fees would be paid by 
private, investor-owned nuclear utilities (less than 5 percent 
would be paid by non-Federal, publicly owned utilities).
    CBO cannot determine whether this mandate would impose any 
costs as defined in UMRA because the law is unclear about how 
to measure costs associated with extending an existing mandate 
that has not yet expired. Measured against the costs that would 
be incurred if current law remains in place and the annual fee 
declines, the total cost to the private sector of extending 
this mandate would range from $242 million to $278 million 
annually from fiscal year 2001 through 2005. In that case, the 
cost of the mandate would exceed the annual threshold for the 
private sector as defined in UMRA. By contrast, UMRA may be 
interpreted to mean that the costs could be measured against 
the current level of fees. In that case, the mandate would 
impose no additional COSTS on the private sector because the 
fees under S. 1627 would be lower than those currently in 
effect (because some of NRC's costs would be excluded from 
coverage by the fees). In either case, CBO estimates that the 
totals costs to State, local, and tribal governments would be 
below the threshold for intergovernmental mandates established 
in UMRA.

Estimate prepared by: Federal Costs: Mark Hadley (226-2860) 
Impact on State, Local, and Tribal Governments: Lisa Cash 
Driskill (225-3270) Impact on the Private Sector: Jean Wooster 
(226-2940)

Estimate approved by: Peter H. Fontaine Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              


                     ATOMIC ENERGY ACT OF 1954 \1\

          [As Amended Through P.L. 105-394, November 13, 1998]

        An Act for the development and control of atomic energy.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ This Act consists of the Act of August 1, 1946, ch. 724, as 
amended by the Act of Aug. 30, 1954, ch. 1073 (68 stat. 921) and by 
subsequent amendments. The Act appears generally in the United States 
code at 42 U.S.C. 2011 et seq. Bracketed notes are used at the end of 
each section for the convenience of the reader to indicate the United 
States Code citation.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

                         TITLE I--ATOMIC ENERGY

             Chapter 1. Declaration, Findings, and Purpose

Sec. 1. * * *

           *       *       *       *       *       *       *

Sec. 170C. Criteria for acceptance of gifts.
Sec. 170D. Carrying of firearms.

           *       *       *       *       *       *       *

    Sec. 23. Office.--The principal office of the Commission 
shall be in or near the District of Columbia, but the 
Commission or any duly authorized representative may exercise 
any or all of its powers in any place; [however, the Commission 
shall maintain an office for the service of process and papers 
within the District of Columbia].

[42 U.S.C. 2033]

           *       *       *       *       *       *       *


    Sec. 103. Commercial Licenses.--
    a. The Commission is authorized to issue licenses to 
persons applying therefor to transfer or receive in interstate 
commerce, manufacture, produce, transfer, acquire, possess, 
use, import, or export under the terms of an agreement for 
cooperation arranged pursuant to section 123, utilization or 
production facilities for industrial or commercial purposes. 
Such licenses shall be issued in accordance with the provisions 
of chapter 16 and subject to such conditions as the Commission 
may by rule or regulation establish to effectuate the purposes 
and provisions of this Act.
    b. The Commission shall issue such licenses on a non-
exclusive basis to persons applying therefor (1) whose proposed 
activities will serve a useful purpose proportionate to the 
quantities of special nuclear material or source material to be 
utilized; (2) who are equipped to observe and who agree to 
observe such safety standards to protect health and to minimize 
danger to life or property as the Commission may by rule 
establish; and (3) who agree to make available to the 
Commission such technical information and data concerning 
activities under such licenses as the Commission may determine 
necessary to promote the common defense and security and to 
protect the health and safety of the public. All such 
information may be used by the Commission only for the purposes 
of the common defense and security and to protect the health 
and safety of the public.
    [c. Each such]
    c. License Period.--
            (1) In general.--Each such license shall be issued 
        for a specified period, as determined by the 
        Commission, depending on the type of activity to be 
        licensed, but not exceeding 40 years, and may be 
        renewed upon the expiration of such period.
            (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. 105. Antitrust Provisions.--
    a. * * *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


                     CHAPTER 14. GENERAL AUTHORITY

    Sec. 161. General Provisions.--In the performance of its 
functions the Commission is authorized to--
            a. * * *

           *       *       *       *       *       *       *

            g. (1) acquire, purchase, lease, and hold real and 
        personal property, including patents, as agent of and 
        on behalf of the United States, subject to the 
        provisions of section 174, and to sell, lease, grant, 
        and dispose of such real and personal property as 
        provided in [this Act] this Act; or
            (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.

           *       *       *       *       *       *       *

            [k. authorize such of its members, officers, and 
        employees as it deems necessary in the interest of the 
        common defense and security to carry firearms while in 
        the discharge of their official duties. The Commission 
        may also authorize such of those employees of its 
        contractors and subcontractors (at any tier) engaged in 
        the protection of property under the jurisdiction of 
        the United States and located at facilities owned by or 
        contracted to the United States or being transported to 
        or from such facilities as it deems necessary in the 
        interests of the common defense and security to carry 
        firearms while in the discharge of their official 
        duties. A person authorized to carry firearms under 
        this subsection may, while in the performance of, and 
        in connection with, official duties, make arrests 
        without warrant for any offense against the United 
        States committed in that person's presence or for any 
        felony cognizable under the laws of the United States 
        if that person has reasonable grounds to believe that 
        the individual to be arrested has committed or is 
        committing such felony. An employee of a contractor or 
        subcontractor authorized to carry firearms under this 
        subsection may make such arrests only when the 
        individual to be arrested is within, or in direct 
        flight from, the area of such offense. A person granted 
        authority to make arrests by this subsection may 
        exercise that authority only in the enforcement of (1) 
        laws 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 (2) any provision of this Act that may subject an 
        offender to a fine, imprisonment, or both. The arrest 
        authority conferred by this subsection is in addition 
        to any arrest authority under other laws. The 
        Secretary, with the approval of the Attorney General, 
        shall issue guidelines to implement this subsection;]
    (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;

           *       *       *       *       *       *       *

            w. prescribe and collect from any other Government 
        agency, which applies for or is issued a license for a 
        utilization facility designed to produce electrical or 
        heat energy pursuant to section 103 or 104 b., [or 
        which operates any facility regulated or certified 
        under section 1701 or 1702], any fee, charge, or price 
        which it may require, in accordance with the provisions 
        of section [483a] 9701 of title 31 of the United States 
        Code \2\ or any other law, of applicants for, or 
        holders of, such licenses or certificates , 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.
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    \2\ Prior section 483a of title 31, United States Code, has been 
codified as section 9701 of such title.

           *       *       *       *       *       *       *

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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.

           *       *       *       *       *       *       *

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.

           *       *       *       *       *       *       *

    Sec. 229, \3\ Trespass Upon Commission Installations.--
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    \3\ So in original. Comma probably should be a period.
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            a. \4\ The Commission is authorized to issue 
        regulations relating to the entry upon or carrying, 
        transporting, or otherwise introducing or causing to be 
        introduced any dangerous weapons, explosive, or other 
        dangerous instrument or material likely to produce 
        substantial injury or damage to persons or property, 
        into or upon any facility, installation, or real 
        property subject to the jurisdiction, administration, 
        or in the custody of the Commission. Every such 
        regulation of the Commission shall be posted 
        conspicuously at the location involved or subject to 
        the licensing authority of the Commission or to 
        certification by the Commission under this Act or any 
        other Act.
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    \4\ Indentation of subsections so in original.

           *       *       *       *       *       *       *

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    Sec. 236. Sabotage of Nuclear Facilities or Fuel.--
    a. Any person who intentionally and willfully destroys or 
causes physical damage to, or who intentionally and willfully 
attempts to destroy or cause physical damage to--
            (1) any production facility or utilization facility 
        licensed under this Act;
            (2) any nuclear waste [storage facility] storage, 
        treatment, or disposal facility licensed under this 
        Act;
            (3) any nuclear fuel for [such a utilization 
        facility] a utilization facility licensed under this 
        Act, or any spent nuclear fuel from such a facility; 
        [or]
            (4) any uranium enrichment [facility licensed] or 
        nuclear fuel fabrication facility licensed or certified 
        by the Nuclear Regulatory Commission shall be fined not 
        more than $10,000 or imprisoned for not more than 10 
        years, or both; or
            (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.
           *       *       *       *       *       *       *

               OMNIBUS BUDGET RECONCILIATION ACT OF 1990

                         [Public Law: 101-508]

  A bill to provide for reconciliation to section 4 of the concurrent 
             resolution on the budget for fiscal year 1991.
           *       *       *       *       *       *       *


              Subtitle B--NRC User Fees and Annual Charges

SEC. 6101. NRC USER FEES AND ANNUAL CHARGES.
    (a) Annual assessment--
            (1) In general.--Except as provided in paragraph 
        (3), the Nuclear Regulatory Commission (in this section 
        referred to as the `Commission') shall annually assess 
        and collect such fees and charges as are described in 
        subsections (b) and (c).
            [(2) First assessment.--The first assessment of 
        fees under subsection (b) and annual charges under 
        subsection (c) shall be made not later than September 
        30, 1991.]
            (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
                    (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).
            (3) Last assessment of annual charges.--The last 
        assessment of annual charges under subsection (c) shall 
        be made not later than [September 30, 1999] September 
        30, 2005.
           *       *       *       *       *       *       *

            (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.
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